EE with LMIA but with employment twist

[kjomarkj]

Hey,

I have a LMO and a work permit valid for another two years. I am based in Canada.

At the time being I'm employed as a NOC-A employee with a positive LMO and the
passing score for IELTS (a median of 8.5). I was going through CEC but missed the
deadline so I will not be getting that. I'm therefore in the process of submitting my
EE application.

Now, here comes the twist. I have recently been offered to join a newly formed
company. They are a US based firm but are open to setting up a Canadian entity if that
makes the process of securing me as a member easier. As I understand this we would
need to go through LMIA again (4 weeks advertised plus processing time, given this is a
high wage job I think it should qualify for fast processing - 10 days).

I am aware that if I quit my current job I do not need to leave Canada until the WP
expires but I would also not be able to work for the firm in Canada. Would I still get my
600 points for my EE application even if I do not hold the job I got in on? How does that
work?

Would it make sense to setup this entity, get me a job offer from it and go through the EE
process with it but the previous LMIA (which has already been accepted)?. In the meantime
I could work remotely for the US company "without impacting the Canadian labour market",
as stated in the FW1 documentation.

This would make for six or so months of pretty bad experience for me, but would allow me
to have my cake (join the new company) and eat it too (stay in Canada).

Hope someone can shed light on my somewhat complex situation.

Thanks

 

[all_the_best]

Please go through this link and also the link provided in this discussion.
http://www.canadavisa.com/canada-immigration-discussion-board/a-new-company-can-offer-lmia-t267809.0.html

I believe the USA based company will create a new entity in Canada. A new company will need to wait for one year before they can apply for LMIA as per this link.

LMIA is one of the most coveted document on this forum. Wouldn't recommend you to let it go. LMIA might or might not be valid after you quit.

 

[kjomarkj]

Hi all_the_best and thanks for your reply,

Yeah - I don't really feel like I should be giving up my status for this or any other reason. If
my LMIA loses it's validity if I forgo my current employment that is out of the question as
it is the only way I can reasonably qualify under the EE program.

Thanks again !

 

[all_the_best]

Welcome kjomarkj, All the best. Hope all works out well for you. Thank your stars you have LMIA and CEC. Keep those who dont have it in your prayers

 

[jes_ON]

I am aware that if I quit my current job I do not need to leave Canada until the WP
expires but I would also not be able to work for the firm in Canada. Would I still get my
600 points for my EE application even if I do not hold the job I got in on? How does that
work?

Would it make sense to setup this entity, get me a job offer from it and go through the EE
process with it but the previous LMIA (which has already been accepted)?.

Keep in mind that you need more than an LMIA to get the 600 points for "arranged employment," you also need a valid offer of permanent full-time employment (from the employer named on the LMIA). I'm pretty sure that if you quit to go work for someone else, your first company will withdraw its offer of permanent employment. : )

But - if you DON'T have an offer of full-time permanent employment contingent on getting PR status, then it won't matter.

 

[kjomarkj]

Hi jes_ON,

Yeah, I have one from my current employer (it was submitted as a part of my CEC
application) so I think it should be valid for EE.

My situation seems to be somewhat hard even for basic EE. My LMO has a NOC code
that requires a B.Sc degree which I do not have. I am not sure what legal limbo they
went through to get the LMO through but here it is.

This makes the question "Date [...] first became qualified to practice in this occupation"
pretty hard to answer as I technically am not qualified.

 

[jes_ON]

This makes the question "Date [...] first became qualified to practice in this occupation"
pretty hard to answer as I technically am not qualified.

That's a terrible question for many - it just doesn't apply.