Called CIC today and got starnge answer

[kevin petersen]

-Guys guess what, I called CIC today morning and as per them if you have PGWP and arranged employment, and you will not be eligible for 600 points.
-As per the agent only those who has LMIA approved job will be eligible for the points not the people who are LMIA exempt
-According to the agent, we need to register our self in the job bank and get a LMIA approved job
-I told that thousands of people who have PGWP will have to leave their current job in order to get a LMIA approved jobs, do u think that makes sense?
-I was told that is the case

 

[scylla]

Yes - this makes perfect sense.

This is no different than the arranged employment offer stream of the current FSW program. You can't apply just with a PGWP and a job offer - you also need an approved LMIA. This doesn't mean you have to leave your current role - it just means that your current employer needs to obtain an approved LMIA.

 

[omaus25]

Thank you Kevin for this information

Somehow (I think that in order to give yourself hope), people under PGWP does not want to accept this fact. LMIA is mandatory as it has been for any job offer within immigration purposes.

 

[scylla]

LMIA is mandatory as it has been for any job offer within immigration purposes.

Agreed. It has worked this way for quite some time now. This shouldn't come as a surprise to anyone.

 

[kevin petersen]

Well in that case, the hope is gone...

 

[mf4361]

Yes - this makes perfect sense.

This is no different than the arranged employment offer stream of the current FSW program. You can't apply just with a PGWP and a job offer - you also need an approved LMIA. This doesn't mean you have to leave your current role - it just means that your current employer needs to obtain an approved LMIA.

This make no sense to PGWP people already working on a perm term job. Many employer refuses to apply for LMIA because of the extra steps and process the company has to go thru. That's why they will have to leave their job in order to get one.

There is another member of this forum claimed the CIC agent told him PGWP people on track to CEC does not need LMIA. So many conflicting information floating around and I hope more clarification (directly from CIC) surfaces. I get a sense that even within CIC phone agents aren't clear on this particular case.

 

[kevin petersen]

I agree, we do not how HR work internally, may be they don't want to deal with LMIA and that is the reason they hire Canadian or LMA exempt...

 

[omaus25]

ok, let's see if this helps:

16. Can an Express Entry candidate come to Canada and start working before they get their permanent residence visa?

Express Entry candidates cannot usually come to Canada to work until they have their permanent resident visa. In some cases, candidates will already be in Canada with a temporary work permit.

Employers who need a worker to start before the permanent resident visa is processed, can apply for a “dual intent” Labour Market Impact Assessment (LMIA). Note that in this type of situation, an employer will need to pay the LMIA processing fee. A “dual intent” LMIA means a person can come to Canada as a temporary foreign worker (TFW) first and work while they wait for a decision on their permanent residence application. In this case, a candidate must still apply for a work permit and meet the requirements for TFWs.

Express Entry candidates who have a job offer and have been invited to apply will not automatically be given a temporary work permit or temporary resident visa.

and:

17. Will candidates with job offers be given priority?

A job offer supported by an Labour Market Impact Assessment (LMIA) will give a candidate enough additional points to be invited to apply at the next eligible draw of candidates. Potential candidates who have a valid job offer or provincial/territorial nomination when they complete their Express Entry profile will not need to register with Job Bank.

In most cases, employers will need an LMIA from ESDC. An employer may use an existing LMIA to hire their temporary foreign worker permanently.

This was obtained on:

http://www.cic.gc.ca/english/department/media/notices/2014-12-01.asp#lmia

 

[Carmageddon]

ok, let's see if this helps:

16. Can an Express Entry candidate come to Canada and start working before they get their permanent residence visa?

Express Entry candidates cannot usually come to Canada to work until they have their permanent resident visa. In some cases, candidates will already be in Canada with a temporary work permit.

Employers who need a worker to start before the permanent resident visa is processed, can apply for a “dual intent” Labour Market Impact Assessment (LMIA). Note that in this type of situation, an employer will need to pay the LMIA processing fee. A “dual intent” LMIA means a person can come to Canada as a temporary foreign worker (TFW) first and work while they wait for a decision on their permanent residence application. In this case, a candidate must still apply for a work permit and meet the requirements for TFWs.

Express Entry candidates who have a job offer and have been invited to apply will not automatically be given a temporary work permit or temporary resident visa.

and:

17. Will candidates with job offers be given priority?

A job offer supported by an Labour Market Impact Assessment (LMIA) will give a candidate enough additional points to be invited to apply at the next eligible draw of candidates. Potential candidates who have a valid job offer or provincial/territorial nomination when they complete their Express Entry profile will not need to register with Job Bank.

In most cases, employers will need an LMIA from ESDC. An employer may use an existing LMIA to hire their temporary foreign worker permanently.

This was obtained on:

http://www.cic.gc.ca/english/department/media/notices/2014-12-01.asp#lmia

Thanks, good stuff!

How long would an LMIA request processing take, to support a candidate for a PR?
The free path, not Dual Intent?

If it still would require months, most are not going to wait this long...

 

[scylla]

To obtain an approved LMIA, the employer first has to advertise the job for at least one full month. The employer must then pay a $1K fee and submit the LMIA application for processing. Based on the experiences on this forum, the processing for LMIAs seems to be taking around 2-4 months these days.

 

[omaus25]

@ Carmageddon

it depends on the type of job offer and how much the company wants the employee, average times under normal circumstances are around 3 months for high profile job offers such as engineering, technical trade occupations and such.

As a personal comment, I believe this comes down to what the applicant really wants, 1 to 2 years to move to Canada as a permanent resident is a time frame reasonable, if a person wants to go there and be a good citizen and take advantage of Canada as society, why the rush? I understand the frustrations of waiting 3 , 4 or even more years, but as far as I have discovered, people under these circumstances have rushed things that made them make mistakes in their applications. Do the right thing, take your time, inform and educate yourself and you should be within a reasonable timetable to immigrate permanently to Canada. Hope this helps!

 

[amro375]

This make no sense to PGWP people already working on a perm term job. Many employer refuses to apply for LMIA because of the extra steps and process the company has to go thru. That's why they will have to leave their job in order to get one.

There is another member of this forum claimed the CIC agent told him PGWP people on track to CEC does not need LMIA. So many conflicting information floating around and I hope more clarification (directly from CIC) surfaces. I get a sense that even within CIC phone agents aren't clear on this particular case.

You see, this makes sense, as for example I have come to Canda through LMO, so my employer applied for it, paid for it, we wait 3 months for the response and know that thing does not count. I won't get 600 points just because I need LMIA even though my LMO is still valid.
Now, If I am not getting those 600 points, why the hell should you get them just because you finished some school in Canada?

 

[omaus25]

You see, this makes sense, as for example I have come to Canda through LMO, so my employer applied for it, paid for it, we wait 3 months for the response and know that thing does not count. I won't get 600 points just because I need LMIA even though my LMO is still valid.
Now, If I am not getting those 600 points, why the hell should you get them just because you finished some school in Canada?

My friend, why the anger?

What the immigration services of Canada wants to do is to clean up a lot of the mess they have accumulated over the last 10-12 years due to the lack of organization and vision. I believe is unfair for people who is currently in Canada and working legally to do not give them the chance with EE to become residents, but to be fair, many of this potential applicants do not hold the type of jobs Canada is looking for to fulfill, doctors, engineers, scientists, etc. As far as my experience goes, many of the folks claiming this issue are working in low/skill professions, cooks, drivers, concierges, etc, and this is why these 600 points do not apply. Hope this makes sense.

 

[Carmageddon]

To obtain an approved LMIA, the employer first has to advertise the job for at least one full month. The employer must then pay a $1K fee and submit the LMIA application for processing. Based on the experiences on this forum, the processing for LMIAs seems to be taking around 2-4 months these days.

Thanks, could you elaborate to me this phrase from a potential employer I have:
"I've got an exempt from the provincial government (Nova Scotia) to recruit a.. programmer..."

Now, they want to save 1k $, so how do they apply for an LMIA for ME, without paying a fee? even if they have to wait a few months?
Furthermore, how can they give a written job offer with a Start Date, if its unknown how long it would take to get the LMIA, how long to get my local embassy to issue the PR? ???


EDIT: Also, what can they do now in the month until EE opens, to prepare the paperwork for free LMIA assessment?

 

[omaus25]

Thanks, could you elaborate to me this phrase from a potential employer I have:
"I've got an exempt from the provincial government (Nova Scotia) to recruit a.. programmer..."

Now, they want to save 1k $, so how do they apply for an LMIA for ME, without paying a fee? even if they have to wait a few months?
Furthermore, how can they give a written job offer with a Start Date, if its unknown how long it would take to get the LMIA, how long to get my local embassy to issue the PR? ???


EDIT: Also, what can they do now in the month until EE opens, to prepare the paperwork for free LMIA assessment?

If the employer wants to "save" $1000 then immigration is not going to look into your job offer as valid, remember, per immigration regulation a potential employer has to provide evidence that it has tried everything possible to hire a Canadian resident/citizen before approve the employment offer to you. Scylla explained very clear... This is the purpose of a LMIA

I get the feeling you want people here to tell you different, if someone does it, it will be by mistaken the information and due process of the current immigration programs.