Can my current employer apply for LMIA (I am on PGWP)?

[Ahmisht]

I am currently working for the provincial government on PGWP, which expires end of June 2023. I have six months left on my PGWP, and no possibility of ITA (my CRS is 496 and it will go down for age in June. My occupation will not be targeted).


I am wondering if my employer (the provincial government, or my Ministry) can apply for LMIA. My current temporary position has an end date which is the expiry date on my PGWP. Can my employer apply for an LMIA saying they want me to work for them longer and that the hiring was done fairly and all that stuff?

 

[Naturgrl]

I am currently working for the provincial government on PGWP, which expires end of June 2023. I have six months left on my PGWP, and no possibility of ITA (my CRS is 496 and it will go down for age in June. My occupation will not be targeted).


I am wondering if my employer (the provincial government, or my Ministry) can apply for LMIA. My current temporary position has an end date which is the expiry date on my PGWP. Can my employer apply for an LMIA saying they want me to work for them longer and that the hiring was done fairly and all that stuff?

Have you asked the employer because it would seem that a government department would have a difficult time going through and being approved for a LMIA. They would have to repost the job and prove that no Canadian or PR could be hired.

 

[Ahmisht]

Have you asked the employer because it would seem that a government department would have a difficult time going through and being approved for a LMIA. They would have to repost the job and prove that no Canadian or PR could be hired.

My employer would support me. What I am mostly confused about is that why would they have to repost the job? Can't they say they already did the hiring and at that time they hired two people - one Canadian and the other me. There was simply no one better for the job. They can show the job posting and the entire hiring process record. Wouldn't that be sufficient?

 

[Naturgrl]

My employer would support me. What I am mostly confused about is that why would they have to repost the job? Can't they say they already did the hiring and at that time they hired two people - one Canadian and the other me. There was simply no one better for the job. They can show the job posting and the entire hiring process record. Wouldn't that be sufficient?

Not sure a LMIA would be approved without recent documentation of posting the job. Under recruitment it states “Employers must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to foreign workers.” So you were offered the job without a LMIA. So they may be asked to show recent recruitment efforts if you have been at the job for many months. EDSC may or may not ask for recent recruitment efforts.

Since your employer is willing to pay the fees and fill out the paperwork then they should contact EDSC and ask.