have a work permit but

[zara_zah]

Hi everyone,

I am currently working as a post doc with a temporary work permit (LMIA exempt).
Recently I got a job offer from a company. My understanding is that I have to apply for a new work permit (with a positive LMIA) to be able to work in the company. Is that right? if yes, how is the process? they already advertised the job and chose me after 2 interviews. Neither they or I know what is the next step to apply for the work permit. Anyone has an advice?

Thanks
Zara

 

[Weststarr]

Where did they advertise ? what web pages ?

 

[zara_zah]

I saw the ad, a month ago, on linkedin.

 

[Bs65]

Start by reading here https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent.html

 

[Weststarr]

First of all the AD have to be placed on JobBank for at least one month, and on top of that the ad have to also placed on 2 additional places (beside job bank) for at least one month, after that you employer can apply for LMIA

 

[zara_zah]

Start by reading here https://www.canada.ca/en/employment-social-development/services/foreign-workers/permanent.html

thanks. I am already out of the express entry pool and collecting my documents to apply. and this is not a permanent job. its going to be a 2-yr contract.

 

[zara_zah]

First of all the AD have to be placed on JobBank for at least one month, and on top of that the ad have to also placed on 2 additional places (beside job bank) for at least one month, after that you employer can apply for LMIA

I see. I dont think they have posted their add in the Job bank. this is a rule effective from yesterday!

 

[scylla]

I see. I dont think they have posted their add in the Job bank. this is a rule effective from yesterday!

Which rule is effective as of yesterday? The requirement to advertise on Job Bank has been in place for years now. It's not new. The LMIA will be refused if they only advertised on LinkedIn.

 

[zara_zah]

Which rule is effective as of yesterday? The requirement to advertise on Job Bank has been in place for years now. It's not new. The LMIA will be refused if they only advertised on LinkedIn.

I am referring to this:
"Advertise on the Government of Canada’s Job Bank or its provincial or territorial counterpart in British Columbia, Saskatchewan and Quebec. Effective August 28, 2017, all employers, irrespective of province or territory, will be required to advertise on Job Bank (if you choose to use an alternative method, you must submit a written rational and explanation of the alternative method)"

 

[scylla]

I am referring to this:
"Advertise on the Government of Canada’s Job Bank or its provincial or territorial counterpart in British Columbia, Saskatchewan and Quebec. Effective August 28, 2017, all employers, irrespective of province or territory, will be required to advertise on Job Bank (if you choose to use an alternative method, you must submit a written rational and explanation of the alternative method)"

Even before this rule, your employer would have still failed to meet the advertising requirement and guaranteed an LMIA refusal. Prior to this rule, the employer could advertise on the provincial/territorial equivalent of Job Bank (instead of Job Bank itself). Your employer only advertised on LinkedIn. So your employer failed to meet the LMIA advertising requirements both before and after this rule came into place. No point applying for an LMIA until he advertises properly for at least a month to meet the LMIA advertising requirements.

 

[zara_zah]

Even before this rule, your employer would have still failed to meet the advertising requirement and guaranteed an LMIA refusal. Prior to this rule, the employer could advertise on the provincial/territorial equivalent of Job Bank (instead of Job Bank itself). Your employer only advertised on LinkedIn. So your employer failed to meet the LMIA advertising requirements both before and after this rule came into place. No point applying for an LMIA until he advertises properly for at least a month to meet the LMIA advertising requirements.

I see. I am not sure if linkedin is the only place they've advertised the job. So, sounds there is nothing we can do unless the job is LMIA exempt.

 

[scylla]

I see. I am not sure if linkedin is the only place they've advertised the job. So, sounds there is nothing we can do unless the job is LMIA exempt.

If the job is with a company - highly unlikely it is LMIA exempt unfortunately.

To meet the LMIA advertising requirement your employer would have needed to advertise on Job Bank or the equivalent provincial/territorial job site + two other places that meet the LMIA requirements. So three places in total.

 

[zara_zah]

If the job is with a company - highly unlikely it is LMIA exempt unfortunately.

To meet the LMIA advertising requirement your employer would have needed to advertise on Job Bank or the equivalent provincial/territorial job site + two other places that meet the LMIA requirements. So three places in total.

it is a "Conservation Authority".

 

[scylla]

it is a "Conservation Authority".

You should assume an LMIA is needed.

 

[zara_zah]

You should assume an LMIA is needed.

I see. Thanks.