Employer requirements for LMIA

[brunoaugusto]

Hello Friends,
I've been working part-time(my current status is student) for a start-up in Vancouver, BC for about 3 months. And they want to sponsor me so I can get a work permit and work full-time. But they are a small start-up, there are 3 partners and I'm the only employee. I've been told that the employer needs to offer me the average wage of $21.63 and they need to have at least 5 employees, is that true? Is there any workaround for me to get the work permit? Are there any other requirements I should be aware of?

Thanks

 

[scylla]

Your employer needs to obtain an approved LMIA in order for you to qualify to apply for a work permit. Yes - in order for the LMIA to be approved, your employer will have to be willing to pay you at least the average wage. They will also have to advertise the job for at least a month to prove no Canadians to be found for the role. Your employer will also have to pay a $1K fee.

I don't believe there is a rule that says they need to have a minimum number of employees - but I could be wrong.

More information about LMIAs can be found here: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

There is no work around to the LMIA process. Note that it make take 4-6 months to go through the process of obtaining an approved LMIA.

 

[amrelec]

Thanks Scylla and I have a question about this:

how do I search for employers who have a positive LMIA ?

 

[derkfromholland]

Does anyone know, how long a vacancy must have been posted, before an employer can decide to hire a foreign worker?

 

[Wonderland_1010]

Does anyone know, how long a vacancy must have been posted, before an employer can decide to hire a foreign worker?

It should be advertising for 1 month within 3 months before submission of LMIA

 

[derkfromholland]

Thank you. Is this information somewhere on CIC-website?

It should be advertising for 1 month within 3 months before submission of LMIA

 

[Wonderland_1010]

Thank you. Is this information somewhere on CIC-website?

See Link
https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

Job advertisement duration
You must ensure that the job advertisement:

• has occurred in the three months prior to submitting the Labour Market Impact Assessment application
• is for a minimum of four consecutive weeks within the three months prior to submitting a Labour Market Impact Assessment application

At least one of the three recruitment activities to seek qualified Canadians and permanent residents must be ongoing until the date a positive or negative Labour Market Impact Assessment has been issued.

 

[derkfromholland]

See Link
https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html

Job advertisement duration
You must ensure that the job advertisement:

• has occurred in the three months prior to submitting the Labour Market Impact Assessment application
• is for a minimum of four consecutive weeks within the three months prior to submitting a Labour Market Impact Assessment application

At least one of the three recruitment activities to seek qualified Canadians and permanent residents must be ongoing until the date a positive or negative Labour Market Impact Assessment has been issued.

Thanks again. I knew that it was somewhere, but I couldn't find it anymore..!
So, if you want to apply on a vacancy, it is best after a month?

 

[Wonderland_1010]

Thanks again. I knew that it was somewhere, but I couldn't find it anymore..!
So, if you want to apply on a vacancy, it is best after a month?

Yes to show that no Canadian Citizens and PR is willing to do the job or not fit for the job.

 

[scylla]

Thanks again. I knew that it was somewhere, but I couldn't find it anymore..!
So, if you want to apply on a vacancy, it is best after a month?

Your employer has to advertise the job for at least a month before they can apply for an LMIA.

If you are instead asking about applying to a job after it's been posted for a month in hopes that the employer may be willing to go through the LMIA process - the short answer to that is many employers aren't familiar with the LMIA process - and most of those who are do not want to go through it.

If you're simply looking for a job and employer in Canada - you should apply without concerning yourself with how long the job has been posted and hope you find one of the very few employers willing to go through the LMIA process.

 

[derkfromholland]

Your employer has to advertise the job for at least a month before they can apply for an LMIA.

If you are instead asking about applying to a job after it's been posted for a month in hopes that the employer may be willing to go through the LMIA process - the short answer to that is many employers aren't familiar with the LMIA process - and most of those who are do not want to go through it.

If you're simply looking for a job and employer in Canada - you should apply without concerning yourself with how long the job has been posted and hope you find one of the very few employers willing to go through the LMIA process.

Thank you too, Scylla. I already applied on vacancies in Health Care, and most of the time on 'difficult to fill in' positions. Health Care Authorities, seemed to be familiair with the process!

But that isn't the same as 'to want to go through it'..

 

[Nayna]

Hello,

Can you help me understand if my profile below is LMIA Approved or not?
Does Employer need to get positive LMIA on every release of offer letter to foreign candidate on same Designation or role or technology?

Designation : Application Development Senior Analyst
Technology: Microsoft Database Development, Data Analytics

NOC : 2172, 2173

If my profile is LMIA approved then can any IT company with this open position offer me the JOB?

Regards,
Rps

 

[scylla]

Hello,

Can you help me understand if my profile below is LMIA Approved or not?
Does Employer need to get positive LMIA on every release of offer letter to foreign candidate on same Designation or role or technology?

Designation : Application Development Senior Analyst
Technology: Microsoft Database Development, Data Analytics

NOC : 2172, 2173

If my profile is LMIA approved then can any IT company with this open position offer me the JOB?

Regards,
Rps

I'm not sure what you mean by your profile being LMIA approved. That's not how it works. If you find an employer who is willing to offer you a specific job then that employer has to obtain an approved LMIA for that specific job.

 

[Nayna]

okay thanks got your point.

Now my follow up question is, what are the chances of me getting a work permit if I travel to Canada on visitors visa try to find the employer then get LMIA approved for the offer and get work permit approval?

Is it worth traveling to Canada on visitors visa without any offer from employer about the job as well as getting a work permit approval by just creating networks with people their from home country?

 

[Red Igloo]

Can anyone help me? Did anyone know the employer requirements for LMIA? I cant find the minimum revenue, minimum employers or how long they need to be in business. Thanks!!