Can a new employer apply for new LMIA for me when I'm in Canada

[indranilgr8]

Hello everyone,

I'm working in Canada on a work permit for almost 1 year as an IT manager on Intra-company transfer and currently working in Newfoundland. Now, I have an offer from another employer, I need help for below.

I know that I can't transfer my existing work permit to this new employer. But -

1. Can my new employer apply a new LMO/LMIA for me in Ontario (I'm currently in Newfoundland)? Do they need to take me in their payroll to apply new LMO for me?
2. What is the processing time to get a Positive LMO?
3. Can I apply for new work permit for this new employer from within Canada with the LMO or do I need to move outside Canada to apply for the work permit?

Thanks in Advance.

 

[scylla]

1) Yes - they can apply for a new LMIA for you in Ontario. They wouldn't add you to the payroll until you have the new work permit since you can't start working for them until you have the new work permit.
2) It can take up to four months (in some cases even more than four months).
3) You can apply from within Canada once the LMIA is approved.

 

[diaswrd]

1) Yes - they can apply for a new LMIA for you in Ontario. They wouldn't add you to the payroll until you have the new work permit since you can't start working for them until you have the new work permit.
2) It can take up to four months (in some cases even more than four months).
3) You can apply from within Canada once the LMIA is approved.

Hello scylla, pardon me, but I'm on a similar situation and I've read some different answers for the same question (3).

Some people say:
1) You have to leave Canada to get your work permit. So you have to get on a plane to the US, go to some place like the consulate in LA and get your paperwork done to go back to Canada.
2) You have to leave but just go to the border. So any US border patrol will receive you in their office, stamp on your passport that you left Canada and then you can go back.

And there's your version:
3) You can stay wherever you are in Canada when your work permit is approved.

Can you shed some light on this for me, please? I would be very grateful.

p.s: in my case, I'm visiting Canada (Ontario) while a company is doing a LMIA request.

 

[hdavachi]

Hello scylla, pardon me, but I'm on a similar situation and I've read some different answers for the same question (3).

Some people say:
1) You have to leave Canada to get your work permit. So you have to get on a plane to the US, go to some place like the consulate in LA and get your paperwork done to go back to Canada.
2) You have to leave but just go to the border. So any US border patrol will receive you in their office, stamp on your passport that you left Canada and then you can go back.

And there's your version:
3) You can stay wherever you are in Canada when your work permit is approved.

Can you shed some light on this for me, please? I would be very grateful.

p.s: in my case, I'm visiting Canada (Ontario) while a company is doing a LMIA request.

I am in a same situation I am a visitor in Canada but I have positive LMIA and job offer. It seems my only option is to go to US for biometrics. is this the only way?

 

[fkl]

What scylla mentioned is exactly true. Any thing else, and you are misguided.

1. You only leave Canada in order to get work permit when basically you are trying to avoid APPLYING to cic and wait for the processing time. This is only true in certain cases, generally you have to be from a visa exempt country in order to apply at the Port of entry.

2. The rules are same for land or border. The only slight but important difference is - if you are admitted to Canada and have legal status here and you go to US by land and come back - you do not need a visa to Enter Canada. Some people use that discretion to over come the "Non visa exempt restriction" by arguing "since we do not require visa to enter Canada so we can apply for work permit at border." It is legal but you better need all basis covered preferably by the help of a lawyer to do that.

3. Visitor status in Canada does not make you eligible to submit an application for work permit from INSIDE Canada to CIC. The exact term used in official wording is "must have been admitted to Canada legally for a period of year or longer" to be eligible for applying for work permit in side Canada. Visitor visa is for six months - hence that does not qualify.

If it was not clear from above, generally those ALREADY on study / work permit inside Canada can apply to CIC (online or by post), wait for the processing time and never have to go to border or outside of Canada to get work permit. They MAY use the border option if they don't want to wait the processing time from in side Canada (currently around 4 months) if they have grounds to do that.