Express Entry_ LMIA....Please Help Seniors!...

[canadain]

Dear fellow members,


I am currently working F/T with a post-graduation work permit with my employer and my job falls under NOC A. I meet the CEC eligibility requirements. I know that working with a Post-grad work permit does NOT require LMIA opinion. I want to apply under the Express Entry- CEC with a valid job offer as it will increase my chance to getting an invitation to apply.

I talked to my boss about this and he read about it and he is willing to offer me a valid permanent job offer for PR. He asked his assistant to start preparing with the application for LMIA - higher skilled occupation. However, he showed me the application form for LMIA that he needs to advertise my position in the job bank for 4 weeks. Well, here is the accurate partial context under recruitment and advertisement:

"Advertisement
A job posting is an announcement of an employment opportunity in a public medium such as newspapers, on job posting website, etc. It provides a broad exposure of the vacancy to Canadian and permanent residents who would be potential candidates for the position.

To meet the minimum advertising requirements set by the Program, employers must advertise:

On the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec or Newfoundland and Labrador
The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market opinion is issued."....

I am soo worried and confused as to how this will work for me. Moreover, I am already doing the job so how does this really work?....Does that mean that i will have to quit my job and wait for more than 4 weeks to go by and my employer will file my application under LMIA with valid job offer for PR?. Can't my employer still file the LMIA application with the same position while i am still employed?...

All Seniors and members please help and advise me. Sorry for the long post. I know there is a lot of questions that i am hoping to get an answer. Please help...Really appreciate...Thanks

 

[theshak]

Dear fellow members,


I am currently working F/T with a post-graduation work permit with my employer and my job falls under NOC A. I meet the CEC eligibility requirements. I know that working with a Post-grad work permit does NOT require LMIA opinion. I want to apply under the Express Entry- CEC with a valid job offer as it will increase my chance to getting an invitation to apply.

I talked to my boss about this and he read about it and he is willing to offer me a valid permanent job offer for PR. He asked his assistant to start preparing with the application for LMIA - higher skilled occupation. However, he showed me the application form for LMIA that he needs to advertise my position in the job bank for 4 weeks. Well, here is the accurate partial context under recruitment and advertisement:

"Advertisement
A job posting is an announcement of an employment opportunity in a public medium such as newspapers, on job posting website, etc. It provides a broad exposure of the vacancy to Canadian and permanent residents who would be potential candidates for the position.

To meet the minimum advertising requirements set by the Program, employers must advertise:

On the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec or Newfoundland and Labrador
The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market opinion is issued."....

I am soo worried and confused as to how this will work for me. Moreover, I am already doing the job so how does this really work?....Does that mean that i will have to quit my job and wait for more than 4 weeks to go by and my employer will file my application under LMIA with valid job offer for PR?. Can't my employer still file the LMIA application with the same position while i am still employed?...

All Seniors and members please help and advise me. Sorry for the long post. I know there is a lot of questions that i am hoping to get an answer. Please help...Really appreciate...Thanks

Relax it is not as bad as it sounds. You can continue to work. I am about to go through the same process. Basically a very general job description is used. After 4 weeks (to my knowledge) your company fills out documentation to state that you are the most qualified for the position and that jobs are not been taken from Canadians. It takes between 6-8 weeks to process the LMIA (thats why my solicitor told me).Once you have your LMIA I imagine you withdraw your current profile (if you have already submitted a profile) and then submit it again with the LMIA documentation.

 

[mf4361]

Yup, that's the weird quirk for people who are already working in Canada, but wants LMIA to boost the points.

You will have your employer advertise the job you are working, record all respondent and explain why not hiring them. They will also have to pay you prevalent wage, which is about the median wage of your NOC code in your location, or else LMIA will be given negative.

 

[AAA2133]

Yup, that's the weird quirk for people who are already working in Canada, but wants LMIA to boost the points.

You will have your employer advertise the job you are working, record all respondent and explain why not hiring them. They will also have to pay you prevalent wage, which is about the median wage of your NOC code in your location, or else LMIA will be given negative.

Yeah true. Prevalent wage and entry level job for a PGWP holder!!! Not easy if ever possible.

 

[canadain]

Relax it is not as bad as it sounds. You can continue to work. I am about to go through the same process. Basically a very general job description is used. After 4 weeks (to my knowledge) your company fills out documentation to state that you are the most qualified for the position and that jobs are not been taken from Canadians. It takes between 6-8 weeks to process the LMIA (thats why my solicitor told me).Once you have your LMIA I imagine you withdraw your current profile (if you have already submitted a profile) and then submit it again with the LMIA documentation.

Thanks for your response...Glad that i can still continue my position while my employer advertise my position. When my employer fills out the documentation, does that mean that he would have to attach a separate paper to state why i am the most qualified person for this position?...Thanks

 

[canadain]

Yup, that's the weird quirk for people who are already working in Canada, but wants LMIA to boost the points.

You will have your employer advertise the job you are working, record all respondent and explain why not hiring them. They will also have to pay you prevalent wage, which is about the median wage of your NOC code in your location, or else LMIA will be given negative.

I was thinking all along that post-grad students will be exempt from getting LMIA to apply for EE with a job offer.

 

[mf4361]

I was thinking all along that post-grad students will be exempt from getting LMIA to apply for EE with a job offer.

With PGWP, you can work without LMIA. You can apply CEC thru EE and get into the pool. But without LMIA, there is no 600 points, and that's the whole point of getting one.

 

[dukhi]

your employer is very generous ...most of them dont help in immigration process at all

 

[marcus66502]

Dear fellow members,
I am currently working F/T with a post-graduation work permit with my employer and my job falls under NOC A. I meet the CEC eligibility requirements. I know that working with a Post-grad work permit does NOT require LMIA opinion. I want to apply under the Express Entry- CEC with a valid job offer as it will increase my chance to getting an invitation to apply.

I talked to my boss about this and he read about it and he is willing to offer me a valid permanent job offer for PR. He asked his assistant to start preparing with the application for LMIA - higher skilled occupation. However, he showed me the application form for LMIA that he needs to advertise my position in the job bank for 4 weeks. Well, here is the accurate partial context under recruitment and advertisement:

"Advertisement
A job posting is an announcement of an employment opportunity in a public medium such as newspapers, on job posting website, etc. It provides a broad exposure of the vacancy to Canadian and permanent residents who would be potential candidates for the position.

To meet the minimum advertising requirements set by the Program, employers must advertise:

On the national Job Bank or its provincial/territorial counterpart in British Columbia, Saskatchewan, the Northwest Territories, Quebec or Newfoundland and Labrador
The advertisement must be posted for a minimum of 4 weeks starting from the first day the ad appears and is accessible to the general public.
The advertisement must remain posted to actively seek qualified Canadians and permanent residents until the date a labour market opinion is issued."....

I am soo worried and confused as to how this will work for me. Moreover, I am already doing the job so how does this really work?....Does that mean that i will have to quit my job and wait for more than 4 weeks to go by and my employer will file my application under LMIA with valid job offer for PR?. Can't my employer still file the LMIA application with the same position while i am still employed?...

All Seniors and members please help and advise me. Sorry for the long post. I know there is a lot of questions that i am hoping to get an answer. Please help...Really appreciate...Thanks

Relax, it's not as bad as it sounds. Your employer submits a bunch of paperwork that's supposed to make it look like there's nobody qualified for the position and then at the Government office they take all that, roll their eyes over it, and issue a negative LMIA.

That's the process in a nutshell.

 

[doubleym]

Relax it is not as bad as it sounds. You can continue to work. I am about to go through the same process. Basically a very general job description is used. After 4 weeks (to my knowledge) your company fills out documentation to state that you are the most qualified for the position and that jobs are not been taken from Canadians. It takes between 6-8 weeks to process the LMIA (thats why my solicitor told me).Once you have your LMIA I imagine you withdraw your current profile (if you have already submitted a profile) and then submit it again with the LMIA documentation.

It's not as simple as advertising a job and then applying. They have to actively recruit, if a general job description is used then there will be many Canadian applicants perfectly suited to the role.

LMIAs are difficult to get because they are designed for situations when there is no Canadian or Permanent Resident qualified for the role, such as a very specialized, niche position that requires a particular skillset or where there is literally a shortage of people skilled enough for the role.

The Employer has to demonstrate why any Canadians/PR's that applied are not suited to the role, it's not a case of "We had these 5 people apply but we like this foreign worker better", the Canadians take precedence.

This was all introduced because the old LMO system was broken and open to abuse.

Basically don't bank on getting one, if you do then consider yourself lucky...

 

[fkl]

Sure that is the concept. You only get LMIA and those 600 points if you are doing a job for which there are no qualified Canadians.

If you are doing a job based upon PGWP, that is fine too. You can still apply and most likely would get PR too.

But you cannot be given the priority given to some one who is actually badly needed here and Canada does not have people of his qualification to do the job he is doing.

I understand it might not be the most pleasant thing to know but come on - you are not being denied PR process. You are not just on the top of the list of priority.

It is not as bad as you think. And yes wages are a factor too. Those who actually came with LMO/LMIA shouldn't have that problem. Because wages in those cases are actually better.

 

[canadain]

If and when i apply for LMIA...What if i get a negative LMIA?...hopefully not but what if?...Will i lose my Post-Grad work permit then?...

 

[mf4361]

If and when i apply for LMIA...What if i get a negative LMIA?...hopefully not but what if?...Will i lose my Post-Grad work permit then?...

No, your PGWP entitles you to work without LMIA. You can still work, you just don't get the 600 points

 

[pixelfrontier]

LMIAs are difficult to get because they are designed for situations when there is no Canadian or Permanent Resident qualified for the role, such as a very specialized, niche position that requires a particular skillset or where there is literally a shortage of people skilled enough for the role.

The Employer has to demonstrate why any Canadians/PR's that applied are not suited to the role, it's not a case of "We had these 5 people apply but we like this foreign worker better", the Canadians take precedence.

Sorry to hijack your thread a little bit, OP, but I read it and I'm very interested in what you guys think of my situation, particularly after reading what doubleym just wrote here.

I am not an international student (I am actually a NAFTA professional) and I was recruited in 2013 along with several other people from different countries because my employer needed bilingual and trilingual software engineers urgently. Only reason my colleagues got a LMIA and I did not is because Canada has an international agreement with my home country (which is NAFTA) and I was LMIA exempt so there you go my employer didn't bother getting it for me. Do you think I should go ahead and ask my employer to get me a LMIA? Language fluency is a very particular skillset and I'm sure there are not many Canadians who speak English, French and Spanish (I would even say it's rare to find Canadians who are fluent in English and French outside of Québec, but that's a discussion for another day...). Maybe it could work in my case, provided my employer accepts to help me get me a LMIA. What do you guys think?

 

[fkl]

Sorry to hijack your thread a little bit, OP, but I read it and I'm very interested in what you guys think of my situation, particularly after reading what doubleym just wrote here.

I am not an international student (I am actually a NAFTA professional) and I was recruited in 2013 along with several other people from different countries because my employer needed bilingual and trilingual software engineers urgently. Only reason my colleagues got a LMIA and I did not is because Canada has an international agreement with my home country (which is NAFTA) and I was LMIA exempt so there you go my employer didn't bother getting it for me. Do you think I should go ahead and ask my employer to get me a LMIA? Language fluency is a very particular skillset and I'm sure there are not many Canadians who speak English, French and Spanish (I would even say it's rare to find Canadians who are fluent in English and French outside of Québec, but that's a discussion for another day...). Maybe it could work in my case, provided my employer accepts to help me get me a LMIA. What do you guys think?

Sure, the grounds are good and seem reasonable for you to get an LMIA. You should definitely ask your employer. But again, is it worth the hassle? If they submit application today, it would take roughly 3 months these days to get LMIA. Assuming you are eligible to apply without LMIA and make a good score otherwise, there is a very good chance that if you apply today, you would get drawn much earlier than those 3 months.

P.S. Just for fun, There aren't many Canadians even in side Qubec who are fluent in both. Just the case is opposite here, french is the dominant one. I exaggerated a little, but let's just say, the net average of Qubec's English skill is close to that of rest of Canada's French fluency.