LMIA application for someone who's already employed (PGWP)

[Alexno]

Hi, I am currently living in Canada and Have been since 2016 when I landed on a student visa.
After I have finished my academics, I've received my co-op WP which was approved on May 2017.

I got hired in a high-paying full-time job with no ending date and started on Nov 30 2017. After my study-required 4 month period was done, I applied for a PGWP which had been approved on March 23rd, 2018 (It is due to expire on June 2020).

February 28 was my PR AOR and after almost 6 months and passing everything else, my PR was unfortunately refused. More details in linked thread, but to summarize I had believed that b/c my work was LMIA exempt I did not provide a sufficient proof of funds and my reported valid job offer was in fact, invalid.

I am now considering my next steps, either re-apply for FSW again with / without stating I have a job offer or just waiting for CEC (where I do not need to provide an LMIA from my understanding, correct me if I am wrong.)

Regardless of the channel I choose, my employer agreed to apply for an LMIA so I figured it wouldn't hurt to have an LMIA regardless of how I apply.

Now, there are a few different LMIA forms one for high-wage and one for PR, I figured I need the one for PR.

But in the form it is repeatedly implies that It is for an employee that my employer INTENDS to hire, what do we do If I had been working since Nov 2017 as a co-op worker and since March 2018 as a PGWP holder?

 

[scylla]

The LMIA process your employer must go through is the same whether you are working in the job already or not. The first step is for your employer to advertise the job (following the LMIA advertising requirements) to prove no Canadian could be found for the role.

 

[Alexno]

The LMIA process your employer must go through is the same whether you are working in the job already or not. The first step is for your employer to advertise the job (following the LMIA advertising requirements) to prove no Canadian could be found for the role.

They have, but it was done almost 9 months ago.

Also, I am sure there were Canadian applicants, who were qualified, but I was chosen over them since I was the best qualified and best suited candidate in my employers eyes.

 

[scylla]

They have, but it was done almost 9 months ago.

Also, I am sure there were Canadian applicants, who were qualified, but I was chosen over them since I was the best qualified and best suited candidate in my employers eyes.

They have to re-do the advertising. 9 months is too long ago - advertising must have happened within the last three months prior to applying for the LMIA.

 

[scylla]

They have, but it was done almost 9 months ago.

Also, I am sure there were Canadian applicants, who were qualified, but I was chosen over them since I was the best qualified and best suited candidate in my employers eyes.

If there were Canadian applicants and they were qualified, then you should expect the LMIA to very likely be refused.

 

[Alexno]

If there were Canadian applicants and they were qualified, then you should expect the LMIA to very likely be refused.

So if I was chosen over other candidates because I was considered to be better that is not enough?

 

[scylla]

So if I was chosen over other candidates because I was considered to be better that is not enough?

No - it's not unfortunately.

 

[scylla]

My honest advice to you is not to pin your hopes on the LMIA. Look for other ways to increase your points or other programs through which to apply.

 

[scylla]

I am now considering my next steps, either re-apply for FSW again with / without stating I have a job offer or just waiting for CEC (where I do not need to provide an LMIA from my understanding, correct me if I am wrong.)

Just to clarify this specific point, regardless of whether you are selected under FSW or CEC, you must currently have 440+ points to be picked out of the pool. For either program, if you want job offer points, then you need an approved LMIA. If you don't need job offer points, then you can go through either program without an approved LMIA.

 

[Alexno]

Just to clarify this specific point, regardless of whether you are selected under FSW or CEC, you must currently have 440+ points to be picked out of the pool. For either program, if you want job offer points, then you need an approved LMIA. If you don't need job offer points, then you can go through either program without an approved LMIA.

Thanks! I've had more than 550 and that was without the PNP that I've qualified for but did not go for b/c I've gotten the ITA.
I guess the safest bet would be not claiming the job offer as it requires the LMIA which is a big and risky undertaking on my own behalf.

One last thing. I do not need to provide LMIA if I say I don't have a valid job offer.
But I can still claim my Canadian employment under my Work experience section for my NOC, correct?

 

[scylla]

Thanks! I've had more than 550 and that was without the PNP that I've qualified for but did not go for b/c I've gotten the ITA.
I guess the safest bet would be not claiming the job offer as it requires the LMIA which is a big and risky undertaking on my own behalf.

One last thing. I do not need to provide LMIA if I say I don't have a valid job offer.
But I can still claim my Canadian employment under my Work experience section for my NOC, correct?

You should not claim you have a job offer since you don't have an approved LMIA.

I don't quite understand your question regarding Canadian employment. Yes - you need to list your current employment in the work experience section. However you of course won't get any points for having Canadian employment until you've worked in your job for a full year.

Out of curiosity, how did you end up with 550? That seems on the high side without a job offer. Do you have a couple of PhDs?

 

[Alexno]

You should not claim you have a job offer since you don't have an approved LMIA.

I don't quite understand your question regarding Canadian employment. Yes - you need to list your current employment in the work experience section. However you of course won't get any points for having Canadian employment until you've worked in your job for a full year.

Out of curiosity, how did you end up with 550? That seems on the high side without a job offer. Do you have a couple of PhDs?

Thanks for your replies! I appreciate it a lot!
I have a masters from a Canadian university, over 10 years of exp in NOC A, I'm 30, I have a sister with PR, and my IELTS is at 8.5

And still got refused b/c I didn't understand what a job offer is!

Learn from my mistakes!

 

[scylla]

Thanks for your replies! I appreciate it a lot!
I have a masters from a Canadian university, over 10 years of exp in NOC A, I'm 30, I have a sister with PR, and my IELTS is at 8.5

And still got refused b/c I didn't understand what a job offer is!

Learn from my mistakes!

Why are you bothering pushing your employer to go through the LMIA process? That doesn't make any sense at all...

 

[Alexno]

Why are you bothering pushing your employer to go through the LMIA process? That doesn't make any sense at all...

I will not. I thought I had to.