Get a LMIA meanwhile in CA on IEC

[fra1499]

Hello everybody
I just "landed" in this forum!

I introuduce myself, my name is Francesco, I'm an Italian guy and this year I participated to the 2015 IEC programme.

I got my WHV permit issued last month once I landed in Canada on 28th of September. It took me few days to go through all the paperworks and everything I needed. I found a job and I started to work right away, on October 1st.

The reason I decided to come here in Canada is because my girlfriend is Canadian and we decided to move in together, and I took the chance to participate this programme to get started some how in here, since we are not married for the moment and anyway I needed of course to be able to work in here.

Now, my working holiday permit is going to expire on March 27th 2016, but I was trying to understand which could be the best way to extend my stay, getting a different permit.

I was thinking that I may apply for a LMIA with my employer, but I'm not very sure about how to proceed and a bit confused since I red a lot of different opinion on that and different information.

Since I'm working already for this employer, how am I supposed to go through it? Am I allowed to apply (let's say the employer apply) for a LMIA and then get a closed work permit to let me stay and work for this employer?
My current employment is officially "driver" for a big company here in Toronto.
I should meet the criteria for the eligibility of a LMIA application or there is some special requirements?

I know this is a lot of question but I really care about it and I am getting crazy all the time with this thought always present and I really mean to success and I need to know as much as possible before starting it..

Any kind of help would be really appreciated.
Thank you so much

 

[scylla]

If you want to go the LMIA route, your employer will have to apply and obtain it (not you). It doesn't matter that you are already in the job, they will still have to follow the same process including advertising the job for at least a month to prove that no Canadian could be hired for the role. Once they have completed the advertising requirement, they will have to submit the application for processing plus the $1,000 processing feel. Processing could take up to four months or more. If the LMIA is approved (not all are), you would then apply for a closed work permit tied to that specific employer.

 

[fra1499]

If you want to go the LMIA route, your employer will have to apply and obtain it (not you). It doesn't matter that you are already in the job, they will still have to follow the same process including advertising the job for at least a month to prove that no Canadian could be hired for the role. Once they have completed the advertising requirement, they will have to submit the application for processing plus the $1,000 processing feel. Processing could take up to four months or more. If the LMIA is approved (not all are), you would then apply for a closed work permit tied to that specific employer.

Hi scylla, thank you for the answer.

In the best case scenario what could be the processing time in total? Is there like a min time that would take to process the LMIA (1 week/1 month)? And what about the processing time, in case of positive LMIA, of a CWP tied to that specific employer?

I'd love to make you another question about this: in a case of positive LMIA and following CWP issue, there will be an expiration date on this kind permit? What would be the best route to stay and eventually start to think to get a PR?
Is it like going through another LMIA process would be required till I reach a min amount of time to change my sitation and eventually apply for it?

Thank you very much

 

[scylla]

If you are aiming for PR, the job you have in Canada now won't help you get there. You should be looking to move into a skilled or semi-skilled role (NOC level A, B or 0).

The best case scenario for the processing time of the LMIA is probably a month. Worst case scenario if 4+ months. You also have to factor in the one month of advertising your company needs to complete before they submit the LMIA application. Yes - there will certainly be an expiration date attached to the work permit you receive. Likely a year - maybe two years. Then you'll have to go through the LMIA / work permit process all over again from scratch. And yes - that work permit will be tied to that specific employer. You won't be able to use it to work for anyone else.

 

[fra1499]

Yes - there will certainly be an expiration date attached to the work permit you receive. Likely a year - maybe two years. Then you'll have to go through the LMIA / work permit process all over again from scratch.

This means that this kind of permit, passing through a LMIA could be ideally issued more than once?

So about the PR, it wouldn't count the amount of time spent working here in total?

If you are aiming for PR, the job you have in Canada now won't help you get there. You should be looking to move into a skilled or semi-skilled role (NOC level A, B or 0).

Let's say not being part of one of these category, would I be able at some point to apply for a PR?
Let's say cumulating a min months (years) staying here working (under a CWP issued after a LMIA)? Would they count that?

Thank you

 

[scylla]

I would recommend that you spend time reading through the requirements of Canada's various immigration programs to understand what the requirements are to qualify to apply. This information is available in detail here:

http://www.cic.gc.ca/english/immigrate/apply.asp

This will allow you to understand what type of job experience will help you to get PR.

If you would rather not do this research on your own, then I would recommend that you hire an immigration lawyer or consultant.

 

[krishnalynn]

Just pointing out that if you intend to live with your girlfriend, a much easier route for PR would be through common-law sponsorship. Just make sure to collect as many proof documents for the year you live together. This would still take a few years but something to think about for long-term.