Is the wage important for obtaining a positive LMIA?
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From the official website, http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general/index.shtml link that is called "requirements", is quoted below:
Cap on Low-wage category Positions
offering a wage to a TFW Employers that is below the provincial/territorial median hourly wage will be subject to a maximum 10% cap on the proportion of low-wage TFWs. The cap will be phased in over the next 2 years to provide employers who use the Program with time to transition to a Canadian workforce.
Employers that have a low-wage TFW workforce will be:
limited to 30% or frozen at their current level, whichever is lower;
reduced to 20% beginning July 1, 2015; and
further reduced to 10% on July 1, 2016.
The 10% cap is the maximum percentage of low-wage TFWs that an employer will be allowed to have at a work site, as of July 2016.
As of now, there are 2 contradicting pieces of info around that, from their site.
From my understanding, the high-low skilled distinction remains as is, but on top of each of them, they added the low wage (below median) and high wage (above median). The difference is that you have to check the wage offered across the provincial median, not the occupation median.
So, Ontario has $21, your's is $22.5, you are high-skilled (1226), high-wage (since the wage offered is above provincial median), Transition plan has to be submitted as well.
Check also the link below:
http://www.gowlings.com/KnowledgeCentre/article.asp?pubID=3707
Part of it:
There is now a concept of “high-wage” versus “low-wage” occupations.
This is determined by comparing the wage being offered to the TFW to the provincial/territorial median wage. If the wage being offered for the position is above the provincial/territorial median wage, it will be considered a high-wage position. If it is not, then it is a low-wage position.
The applicable provincial/territorial median wages are set out in the LMIA application form, and are also available at this link: Provincial Median Wages. This provincial median wage figure needs to be compared to the wage being offered to the TFW for the position.
Whether an occupation is “high-wage” or “low-wage” will dictate the path an employer must follow to transition to a Canadian workforce.
If the employer is applying for a high-wage occupation, the employer must provide a Transition Plan in most situations. A Transition Plan is not required when applying for an LMIA for a low-wage occupation.
Cap on Low-wage category Positions
offering a wage to a TFW Employers that is below the provincial/territorial median hourly wage will be subject to a maximum 10% cap on the proportion of low-wage TFWs. The cap will be phased in over the next 2 years to provide employers who use the Program with time to transition to a Canadian workforce.
Employers that have a low-wage TFW workforce will be:
limited to 30% or frozen at their current level, whichever is lower;
reduced to 20% beginning July 1, 2015; and
further reduced to 10% on July 1, 2016.
The 10% cap is the maximum percentage of low-wage TFWs that an employer will be allowed to have at a work site, as of July 2016.
As of now, there are 2 contradicting pieces of info around that, from their site.
From my understanding, the high-low skilled distinction remains as is, but on top of each of them, they added the low wage (below median) and high wage (above median). The difference is that you have to check the wage offered across the provincial median, not the occupation median.
So, Ontario has $21, your's is $22.5, you are high-skilled (1226), high-wage (since the wage offered is above provincial median), Transition plan has to be submitted as well.
Check also the link below:
http://www.gowlings.com/KnowledgeCentre/article.asp?pubID=3707
Part of it:
There is now a concept of “high-wage” versus “low-wage” occupations.
This is determined by comparing the wage being offered to the TFW to the provincial/territorial median wage. If the wage being offered for the position is above the provincial/territorial median wage, it will be considered a high-wage position. If it is not, then it is a low-wage position.
The applicable provincial/territorial median wages are set out in the LMIA application form, and are also available at this link: Provincial Median Wages. This provincial median wage figure needs to be compared to the wage being offered to the TFW for the position.
Whether an occupation is “high-wage” or “low-wage” will dictate the path an employer must follow to transition to a Canadian workforce.
If the employer is applying for a high-wage occupation, the employer must provide a Transition Plan in most situations. A Transition Plan is not required when applying for an LMIA for a low-wage occupation.
Since I am in a similar position, my best advice would be for us to make a call to ESDC, Service Canada, try to ask that specific question and see what answers we get...
Based on cic call center, they might be useless as well, but it's worth the try for me
Based on cic call center, they might be useless as well, but it's worth the try for me
Hi guys,
I'm in the same position as you. I talked to an operator on CIC today and they said that as long as the wage being paid to you at the time the application is submitted is on or above the median, your application should be fine. They said the officer MIGHT go back and check what your wage was before but that the possibility of this having a negative outcome on your application would be very low, since what matters is what you are being paid now. In addition, an immigration lawyer told me that if your wage needs to be adjusted in order to meet the median, it has to be done at least ONE MONTH before the LMIA application is sent in. But it absolutely has to be AT LEAST at the median wage, as far as I know.
As for the low-wage, high-wage thing. I am just as confused as you are. The website very specifically lists the procedures and documents to be submitted when the LMIA is ONLY being used to support a PR application, and those do not include the high-wage, low-wage procedures or forms you have to do for a regular LMIA application (including waiving the $1000 application fee). I specifically told the CIC operator this case was ONLY for supporting of a PR application, but I don't really think she understood it (She didn't really know what I was talking about when I said "PR", I had to explain I meant permanent residence.)
I have a phone call scheduled with an immigration lawyer who has been very kind as to explain some things to me, and she will hopefully clear up the whole low-wage, high-wage thing. I promise to come back and update you all on the answer as soon as I get off the phone!
I'm in the same position as you. I talked to an operator on CIC today and they said that as long as the wage being paid to you at the time the application is submitted is on or above the median, your application should be fine. They said the officer MIGHT go back and check what your wage was before but that the possibility of this having a negative outcome on your application would be very low, since what matters is what you are being paid now. In addition, an immigration lawyer told me that if your wage needs to be adjusted in order to meet the median, it has to be done at least ONE MONTH before the LMIA application is sent in. But it absolutely has to be AT LEAST at the median wage, as far as I know.
As for the low-wage, high-wage thing. I am just as confused as you are. The website very specifically lists the procedures and documents to be submitted when the LMIA is ONLY being used to support a PR application, and those do not include the high-wage, low-wage procedures or forms you have to do for a regular LMIA application (including waiving the $1000 application fee). I specifically told the CIC operator this case was ONLY for supporting of a PR application, but I don't really think she understood it (She didn't really know what I was talking about when I said "PR", I had to explain I meant permanent residence.)
I have a phone call scheduled with an immigration lawyer who has been very kind as to explain some things to me, and she will hopefully clear up the whole low-wage, high-wage thing. I promise to come back and update you all on the answer as soon as I get off the phone!
I finally talked to my immigration lawyer, sorry it took so long for my reply! She couldn't call me yesterday as scheduled so we talked this morning. She told me that employers who are seeking an LMIA for Permanent Residence support ONLY have slightly different requirements. Here's the link:
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/index.shtml
And you click on where it says "Supporting Permanent Residence Application". In there, it outlines the procedure to be followed by employers who are only seeking an LMIA for a PR application by their employee. As you can see, there are a couple of differences, like:
-No fee (unless it's a Dual intent application, meaning with this LMIA you are seeking for the employee to get a work permit AND permanent residence)
-No High-wage, low-wage position divisions.
-Which in turn means no "Transition Plan" or "Low-wage cap" requirements.
However, your employer still needs to meet the median on your wage. This is all straight from the website, you can see the requirements, application steps and everything. I'll try calling CIC on Monday just to confirm but I have a feeling they might not know what they're talking about. My lawyer said this process is all so new, not even CIC knows what's going on sometimes.
Hope this helped you guys! It cleared a lot up for me.
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/index.shtml
And you click on where it says "Supporting Permanent Residence Application". In there, it outlines the procedure to be followed by employers who are only seeking an LMIA for a PR application by their employee. As you can see, there are a couple of differences, like:
-No fee (unless it's a Dual intent application, meaning with this LMIA you are seeking for the employee to get a work permit AND permanent residence)
-No High-wage, low-wage position divisions.
-Which in turn means no "Transition Plan" or "Low-wage cap" requirements.
However, your employer still needs to meet the median on your wage. This is all straight from the website, you can see the requirements, application steps and everything. I'll try calling CIC on Monday just to confirm but I have a feeling they might not know what they're talking about. My lawyer said this process is all so new, not even CIC knows what's going on sometimes.
Hope this helped you guys! It cleared a lot up for me.