LMIA questions - consultant charging lots of $$$

[andrews17]

Asking for a friend, I am not very familiar with LMIA processes.

My friend's PGWP is expiring in February 2025. She works on a TEER 3 job and has 2 years of Canadian experience, but she's not getting enough points to get invited through CEC yet. Her employer gave her the option to apply for an LMIA (low-wage positions) and they hired a consultant immigration company. Her employer paid for the LMIA application, which was submitted in late September of 2024.

Now, the immigration company has reached out to my friend saying that she has to pay them $2k+ for the closed work permit application. She wasn't aware of those fees, which seem very high. They also said that if the LMIA is not approved before her current work permit expires, they can apply for the closed work permit with just the LMIA application reference to prevent her from loosing status (maintained status).

I have several questions:
1. Is $2k+ a reasonable amount for a company to charge for a closed work permit application?
2. If she decided to find a different lawyer, can they get the LMIA information on her behalf or is she stuck with this company because they have her LMIA process information?
3. What are the processing times for low-wage LMIA applications? The official Canada website says 57 days, but I never trust them.
4. If her LMIA doesn't get approved before her current work permit expires, can she still apply for an extension with just the application reference?

 

[colombian-canada]

Don't apply for an LMIA. The Minister of Immigration has announced that the 50 points for LMIA will soon be removed, so avoid the mistake of paying any fees or applying for an LMIA at this time.

 

[andrews17]

Don't apply for an LMIA. The Minister of Immigration has announced that the 50 points for LMIA will soon be removed, so avoid the mistake of paying any fees or applying for an LMIA at this time.

The LMIA is her only option to stay in Canada and continue working past February. The 50 points were a plus.

 

[colombian-canada]

Look at this: https://financialpost.com/news/canada-tightens-immigration-point-system-to-curb-fraud#:~:text=Temporary foreign workers who apply,Marc Miller said on Tuesday.

 

[andrews17]

Look at this: https://financialpost.com/news/canada-tightens-immigration-point-system-to-curb-fraud#:~:text=Temporary foreign workers who apply,Marc Miller said on Tuesday.

Yes, I read this earlier. She won't get the 50 points in EE. But if she doesn't get LMIA support, she would have to stop working after February of next year.

 

[iSaidGoodDay]

Asking for a friend, I am not very familiar with LMIA processes.

My friend's PGWP is expiring in February 2025. She works on a TEER 3 job and has 2 years of Canadian experience, but she's not getting enough points to get invited through CEC yet. Her employer gave her the option to apply for an LMIA (low-wage positions) and they hired a consultant immigration company. Her employer paid for the LMIA application, which was submitted in late September of 2024.

Now, the immigration company has reached out to my friend saying that she has to pay them $2k+ for the closed work permit application. She wasn't aware of those fees, which seem very high. They also said that if the LMIA is not approved before her current work permit expires, they can apply for the closed work permit with just the LMIA application reference to prevent her from loosing status (maintained status).

I have several questions:
1. Is $2k+ a reasonable amount for a company to charge for a closed work permit application?
2. If she decided to find a different lawyer, can they get the LMIA information on her behalf or is she stuck with this company because they have her LMIA process information?
3. What are the processing times for low-wage LMIA applications? The official Canada website says 57 days, but I never trust them.
4. If her LMIA doesn't get approved before her current work permit expires, can she still apply for an extension with just the application reference?

1. Most people I know who got LMIA as outsiders, apply for WPs on their own. Very few pay to consultants/lawyers.
2. If you read the process to apply for a WP, it is relatively straightforward. A friend of mine did this a year ago on it's own from Canada after getting LMIA by the employer. The immigration company has no bearing on her application.
3. The processing time threads are your best bet here.

She only need the following docs:
1. LMIA
2. Detailed job offer letter
3. Copy of their existing OWP
4. Copy of passport
5. Any proof required for qualification, job requirements, etc.
6. Also in some cases they require paystubs

She can submit her application through the IRCC Portal. IIRC, the fees for WP was $155 + $85 for biometrics.

 

[YVR123]

1. Most people I know who got LMIA as outsiders, apply for WPs on their own. Very few pay to consultants/lawyers.
2. If you read the process to apply for a WP, it is relatively straightforward. A friend of mine did this a year ago on it's own from Canada after getting LMIA by the employer. The immigration company has no bearing on her application.
3. The processing time threads are your best bet here.

She only need the following docs:
1. LMIA
2. Detailed job offer letter
3. Copy of their existing OWP
4. Copy of passport
5. Any proof required for qualification, job requirements, etc.
6. Also in some cases they require paystubs

She can submit her application through the IRCC Portal. IIRC, the fees for WP was $155 + $85 for biometrics.

The "catch" is that she doesn't have the approved LMIA yet.
But the consultant is charging a lot, could that be a scam? Is the LMIA a legit one? With the tighten rules, will the LMIA even be approved at the end.
Paying the fee doesn't guarantee approval.
Hire a temporary foreign worker in a low-wage position - Canada.ca
New measures for low-wage positions
Starting September 26, 2024, certain LMIA applications submitted for low-wage positions will be affected by the following measures:

• certain LMIA applications for low-wage positions in census metropolitan areas with an unemployment rate of 6% or higher won't be processed
• in some sectors, the current 20% cap on the proportion of low-wage positions is being reduced to 10%
• in the construction and healthcare sectors, the cap on the proportion of low-wage positions is being reduced to 20%
• the maximum employment duration for low-wage positions is being reduced from 2 years to 1 year

 

[YVR123]

I think it can be done while she waits for her LMIA. But I am not sure if there's any change since that member applied.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-work-permit-while-waiting-for-lmia-approval-does-it-work.848723/post-10916418

 

[canuck78]

LMIA is always the possession of the employer so not tied to the consultant. Would suggest your friend look at current guidelines for WP approval. An approved LMIA does not guarantee a WP. Currently she can apply for a WP based on LMIA application because of the LMIA backlog. If the LMIA was denied she would need to stop working.

 

[andrews17]

The "catch" is that she doesn't have the approved LMIA yet.
But the consultant is charging a lot, could that be a scam? Is the LMIA a legit one? With the tighten rules, will the LMIA even be approved at the end.
Paying the fee doesn't guarantee approval.
Hire a temporary foreign worker in a low-wage position - Canada.ca
New measures for low-wage positions
Starting September 26, 2024, certain LMIA applications submitted for low-wage positions will be affected by the following measures:

• certain LMIA applications for low-wage positions in census metropolitan areas with an unemployment rate of 6% or higher won't be processed
• in some sectors, the current 20% cap on the proportion of low-wage positions is being reduced to 10%
• in the construction and healthcare sectors, the cap on the proportion of low-wage positions is being reduced to 20%
• the maximum employment duration for low-wage positions is being reduced from 2 years to 1 year

Thanks. Her LMIA application was submitted on September 25th, so I'm assuming these new measures wouldn't apply to her.

I was also questioning the consultant as a possible scammer, but they were hired by her employer and I'm assuming they know them and rely on them. I believe they (the consultants) are just trying to take advantage of the situation, like a "legal scam".

 

[andrews17]

LMIA is always the possession of the employer so not tied to the consultant. Would suggest your friend look at current guidelines for WP approval. An approved LMIA does not guarantee a WP. Currently she can apply for a WP based on LMIA application because of the LMIA backlog. If the LMIA was denied she would need to stop working.

So the employer should be able to have the LMIA information without having to request it from the consultant?

 

[andrews17]

1. Most people I know who got LMIA as outsiders, apply for WPs on their own. Very few pay to consultants/lawyers.
2. If you read the process to apply for a WP, it is relatively straightforward. A friend of mine did this a year ago on it's own from Canada after getting LMIA by the employer. The immigration company has no bearing on her application.
3. The processing time threads are your best bet here.

She only need the following docs:
1. LMIA
2. Detailed job offer letter
3. Copy of their existing OWP
4. Copy of passport
5. Any proof required for qualification, job requirements, etc.
6. Also in some cases they require paystubs

She can submit her application through the IRCC Portal. IIRC, the fees for WP was $155 + $85 for biometrics.

I did my WP application with LMIA exemption (OINP nomination) and it's pretty much the same process except for step 1. My doubt is if she'll be able to get the LMIA without paying the consultant.

 

[canuck78]

So the employer should be able to have the LMIA information without having to request it from the consultant?

The consultant should give the LMIA information to the employer but yes they could obtain it necessary themselves. Things like salary levels and unemployment in the region could still be a factor.