Applying via CEC and have a few questions!

[kreop]

Hi im currently working as a line cook (NOC B) and will be applying for a PR through express entry soon. I read somewhere about a LMIA and wasn't exactly too sure what it was. I just have a few questions:

1. What exactly is it? Sorry, I did not really understand the description on the CIC website..
2. Do I need to fill in a LMIA when I apply for my express entry PR/is it required?
3. If my employer fills my LMIA, would I have to stay at that workplace for a certain period of time after getting my PR

Sorry for all the questions, I'm just a little bit confused about it. Thank you very much! I appreciate it!

 

[monkeyspanner]

A Labour Market Impact Assessment would not be essential if you are applying for express entry under CEC (Canadian Experience Class). Line cook is a qualifying job and under CEC you would need a minimum of 12 months full time work (30 hours a week minimum) or the equivalent part time work. First step is to fill out a profile and see what CRS points you would be entitled to. The latest EE draw (7th Feb) invited people to apply for PR who had 442 CRS points or above.

Your employer could apply for a LMIA but would have to demonstrate that no Canadian or Permanent Resident of Canada was available to fill the job. An application fee is applicable (C$1000) and the job would have to advertised unsuccessfully prior to application. If a LMIA application was successful and your employer gave you a job offer this would be worth 50 extra points in your CRS score so could help with your EE application particularly if you have a CRS score which is unlikely to get an ITA (invitation to apply for PR). If you have worked for your employer in the job for 12months or more and they give you a job offer of 12months or more this may also qualify for the extra 50points.

This article gives some more detail https://www.cicnews.com/2016/11/canada-outlines-significant-changes-comprehensive-ranking-system-crs-express-entry-immigration-118652.html#gs.KSlAYIA

 

[jes_ON]

Hi im currently working as a line cook (NOC B) and will be applying for a PR through express entry soon.

Assuming you mean you are working in Canada, what kind of work permit do you have?

I read somewhere about a LMIA and wasn't exactly too sure what it was. I just have a few questions:
1. What exactly is it? Sorry, I did not really understand the description on the CIC website..
2. Do I need to fill in a LMIA when I apply for my express entry PR/is it required?
3. If my employer fills my LMIA, would I have to stay at that workplace for a certain period of time after getting my PR

Different kinds of work permits have different rights, obligations, and benefits attached to them. Many temporary foreign workers obtain their work permits only after their employers have applied for and received a positive labour market impact assessment. These are closed work permits (meaning, the worker can only work for that specific employer, in that specific position), but the benefits of having the LMIA *may* include extra points in the CRS score.

Since you don't know what it is, likely you are on an open work permit. But if your employer is willing to apply for one for you to support your PR application, that is a good thing. You would have to continue working for that employer at a minimum until you land as a permanent resident - then you can work for whomever you want. Your moral obligation to your employer - that is up to you.

 

[kreop]

Thank you for the quick reply! I am currently on a post graduation work permit (graduated April 2017). Does that change anything?

 

[jes_ON]

Thank you for the quick reply! I am currently on a post graduation work permit (graduated April 2017). Does that change anything?

It confirms what I suspected, you are on an open work permit (LMIA-exempt).

1. What exactly is it? Sorry, I did not really understand the description on the CIC website..
Labour Market Impact Assessment - basically, the government assesses whether employment of a foreign worker will negatively impact the local labour force. Basically, your employer would have to prove that he/she tried to hire a Canadian and was not able to do so. It is a challenging process. For your occupation, this challenge will vary greatly by location.

2. Do I need to fill in a LMIA when I apply for my express entry PR/is it required?
No, an LMIA is not required to be eligible. However, you cannot claim to have a "valid job offer" without it (a valid job offer would earn you an extra 50 points).

3. If my employer fills my LMIA, would I have to stay at that workplace for a certain period of time after getting my PR
Well, if you claim to have a valid job offer, it has to remain valid through out the application processing and has to be valid at the time you complete your landing as a Permanent Resident. So, yes, you must remain with that employer at least that long. If you quit, you lose your valid job offer, lose the 50 points, your CRS score would be adjusted retroactively, and your application would most likely become ineligible.