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Employed as an Engineer on PGWP (expiring soon). Should I apply for LMIA?

abdul1026

Full Member
Jul 13, 2016
33
0
My Post-graduation Work Permit is expiring in mid-October. My OINP application is at its last stage, but no updates for the past month. I cannot apply for BOWP at the moment. I am going to have a meeting with HR tomorrow to discuss my options. If they are willing to submit a LMIA application. Should I proceed?

A little background:
- I currently work as a Logistics Engineering (Skill-level: A) NOC: 2141. I work under the supervision of an Professional Engineer. I am enrolled in Engineer-in-Training (EIT) program by Professional Engineers Ontario. This makes me qualified to work as an Engineer until I gain enough experience to obtain P.Eng.

- I obtained the job through an Agency 2 years ago. I initially worked as a contractor. In June 2015, I converted to full-time permanent employee of the company. It's a well-known Telecom company in Canada.

I noticed that LMIA application form has following checklist:
PURPOSE OF APPLICATION

Are you applying for an LMIA to support a foreign national's:

[ ] Permanent resident visa application (this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued). This option does not have a processing fee.

OR

[X] work permit application and permanent resident visa application (this means you will hire the foreign national as a temporary foreign worker before or while their permanent residence application being processed). This option requires paying a processing fee.


Should I apply for LMIA work permit? What are my chances of getting approved for this type of Job? All I need is a valid work permit to allow me to work legally in Canada until I obtain my Provisional Nominee and apply for Permanent Residency.
 

karenv

Hero Member
Jul 8, 2014
324
20
If you are working in Toronto and for a well-known company, there will be tons of people applying for the jobs. The issue with a big company is that they may not be able to give you a special preference/treatment even if they want. Everything must follow a procedure. I am not sure how your HR could handle it. Hence, you chance to get LMIA won't be high. However, you have no choice; so just do it and hope for the best. You can get another 1 or 2 months under implied status until your application get rejected/approved or you apply for visitor visa.
 

scylla

VIP Member
Jun 8, 2010
95,938
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You can't apply for an LMIA. Only your employer can apply for the LMIA. Before your employer can apply for the LMIA, they will have to advertise your job for at least a month to prove no Canadian could be found for the role.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
abdul1026 said:
Scylla is right, your employer cannot apply for an LMIA until they make a good faith effort to hire a Canadian.

Even if they succeeded in getting the LMIA, your work permit will have long expired, and even though you could then apply for restoration and a new work permit, you couldn't work until you got the new work permit; all told, you would be unable to work for months.

But just FYI, the difference between the two options are:

Are you applying for an LMIA to support a foreign national's:

[ ] Permanent resident visa application (this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued). This option does not have a processing fee.
PR only - no work permit is supported
OR

[X] work permit application and permanent resident visa application (this means you will hire the foreign national as a temporary foreign worker before or while their permanent residence application being processed). This option requires paying a processing fee.
Could use for BOTH PR and Work permit.