LMIA application processing time?

[Ac810827]

Hello.
I hope any of you can help me.
I am an employer looking to hire Chinese chefs(from china) using LMia.
Theif English is not really good, but I'm confused aboutthe language requirements.
English is not a skill described under NOC and not an essential skill for the ethnicchef position.
I'm thinking to first, apply for unnamed Lmia and get the positive response, I assume the English requirements will be in the positive response and then get the chefs to complete the EE using the Lmia and maybe the officer will interview them even though their English skills are low. The officer will make a decision based on the requirements for the job and not on their ability to communicate on a daily basis. Also i will present a plan to help them with their language while they are in Canada. I noticed that the application for work permit does not mention English results.
Do you think this makes sense or they mustobtain the mandatory clb levels for skilled trades.
Has anyone dealt with a similar situation and also can somebody share generally wath a positive lmia says.

 

[Funbox]

Hello.
I hope any of you can help me.
I am an employer looking to hire Chinese chefs(from china) using LMia.
Theif English is not really good, but I'm confused aboutthe language requirements.
English is not a skill described under NOC and not an essential skill for the ethnicchef position.
I'm thinking to first, apply for unnamed Lmia and get the positive response, I assume the English requirements will be in the positive response and then get the chefs to complete the EE using the Lmia and maybe the officer will interview them even though their English skills are low. The officer will make a decision based on the requirements for the job and not on their ability to communicate on a daily basis. Also i will present a plan to help them with their language while they are in Canada. I noticed that the application for work permit does not mention English results.
Do you think this makes sense or they mustobtain the mandatory clb levels for skilled trades.
Has anyone dealt with a similar situation and also can somebody share generally wath a positive lmia says.

If you already have a foreign worker in mind, I believe that there is no problem to indicate his/her name in the LMIA application. The only information about the foreign worker that goes in the LMIA application the full name and nationality as they don't need any other information. However, if his/her English skills is to low, it might be a problem when he/her applies for a work permit. I'm not sure how they evaluate if the person applying for a work permit under a LMIA has the qualifications.

R200(3)(a) states that:

"An officer shall not issue a work permit to a foreign national if there are reasonable grounds to believe that the foreign national is unable to perform the work sought."
Immigration officers should not limit their assessment of language, or other requirements to perform the work sought, solely to those described in the Labour Market Impact Assessment (LMIA). However, the language requirement stated in the LMIA should be part of the officer's assessment of the applicant’s ability to perform the specific work sought because it is the employer's assessment on the language requirement(s) for the job.

Find more info here (official website): http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/lang.asp

 

[mulho]

Hello.
I hope any of you can help me.
I am an employer looking to hire Chinese chefs(from china) using LMia.
Theif English is not really good, but I'm confused aboutthe language requirements.
English is not a skill described under NOC and not an essential skill for the ethnicchef position.
I'm thinking to first, apply for unnamed Lmia and get the positive response, I assume the English requirements will be in the positive response and then get the chefs to complete the EE using the Lmia and maybe the officer will interview them even though their English skills are low. The officer will make a decision based on the requirements for the job and not on their ability to communicate on a daily basis. Also i will present a plan to help them with their language while they are in Canada. I noticed that the application for work permit does not mention English results.
Do you think this makes sense or they mustobtain the mandatory clb levels for skilled trades.
Has anyone dealt with a similar situation and also can somebody share generally wath a positive lmia says.

Hi
I got an LMIA recently, and I just had my Work Permit approved. In this process, there was no requirement to prove my English Skills. In fact, my employer hired two immigration lawyers to help in the process, so I didn't even have to interact with CIC in this process. Although I have good english skills, there was no requirement to prove I can speak english in the process of getting a Work Permit.

So, as per my experience english should not be a problem for getting a Work Permit.

Just note that the same does not apply for some other immigration programs, like Permanet Residency (Express Entry), where english is mandatory.
Also, another concern should be on the landing. There, he will be received by an officer that will allow him to enter Canada or not. At this stage, maybe, english could be an issue.
Cheers

 

[sandra02]

My husband`s employer is under supervision by SC.. They have to proof the salary in the last 3 months, time cards, the duties of the occupation and the same documents that the company already sent with the LMIA application in last August. (business registration, T4....) We got the LMIA in last September, it was an extension and now the employer is under a random review.

 

[Funbox]

My husband`s employer is under supervision by SC.. They have to proof the salary in the last 3 months, time cards, the duties of the occupation and the same documents that the company already sent with the LMIA application in last August. (business registration, T4....) We got the LMIA in last September, it was an extension and now the employer is under a random review.

I've read before that from time to time they select randomly some positive LMIAs for a post inspection to determine whether the employer is accomplishing the requirements like wage, benefits and so on. Is this your husband situation? I believe it should not be a problem if his employer is doing everything alright.

 

[sandra02]

Hi Funbox,

It is a not a problem for the company, but they just sent almost every documents in last August, except the pay stubs and time cards.
I just wanted to let you know SC is still working hard

 

[Shamrock16]

Has been 19 weeks and still waiting. So stressful about this....

 

[alekspara]

Same here Shamrock,
I'm extremely stressed too as I'm at the 24th week...
Hopefully we'll both be done soon.

 

[patelsandip21]

Has been 19 weeks and still waiting. So stressful about this....

I am on the same boat...almost 24 week and still no ans.

 

[Funbox]

I am on the same boat...almost 24 week and still no ans.

My employer applied again on Jun 1st, 2016. In our last time, it took 20 weeks. I believe it would have taken about a month if they hadn't had to ask for additional documents (this request was exactly 1 month after the application).

 

[Pink81]

Counting to 21 weeks
So frustrating :-[

 

[Joejo]

Hello.
I hope any of you can help me.
I am an employer looking to hire Chinese chefs(from china) using LMia.
Theif English is not really good, but I'm confused aboutthe language requirements.
English is not a skill described under NOC and not an essential skill for the ethnicchef position.
I'm thinking to first, apply for unnamed Lmia and get the positive response, I assume the English requirements will be in the positive response and then get the chefs to complete the EE using the Lmia and maybe the officer will interview them even though their English skills are low. The officer will make a decision based on the requirements for the job and not on their ability to communicate on a daily basis. Also i will present a plan to help them with their language while they are in Canada. I noticed that the application for work permit does not mention English results.
Do you think this makes sense or they mustobtain the mandatory clb levels for skilled trades.
Has anyone dealt with a similar situation and also can somebody share generally wath a positive lmia says.

There are no language requirements while applying LMIA. But for Express entry he needs CLB 5 in speaking and listening and CLB 4 in reading and writing. But as far as a work permit is concerned, it is not a requirement. You can give details about the English training in the Transition plan in your LMIA application if you are not applying for a dual intent LMIA.

 

[Conradica]

I've read before that from time to time they select randomly some positive LMIAs for a post inspection to determine whether the employer is accomplishing the requirements like wage, benefits and so on. Is this your husband situation? I believe it should not be a problem if his employer is doing everything alright.

I believe this is part of an Employer Compliance Program. Service Canada is conducting more inspections than before just to be sure TFWP is not being abused.

"Employer compliance

ESDC/Service Canada, under the IRPA and the IRPR, has the authority to review the activities of any employer using the TFWP, in relation to their LMIA or LMIA request by conducting:

an inspection;
an Employer Compliance Review (ECR); and/or
a review under Ministerial Instruction.

If an employer is selected for a review, they will be informed of:

-the type of review being undertaken, including the legislative or regulatory authority under which the review is authorized;
-the type of inspection, namely whether a site visit and/or interview will be conducted, and the period being reviewed (before or after December 1, 2015);
-the condition(s) for which they need to demonstrate compliance and/or accuracy of the information provided;
-specific actions they may need to take, such as providing documents, attending an interview and the timelines; and
consequences of non-compliance or non-response."

 

[MumbaiMetro]

My employer applied again on Jun 1st, 2016. In our last time, it took 20 weeks. I believe it would have taken about a month if they hadn't had to ask for additional documents (this request was exactly 1 month after the application).

Hey funbox! Did u get a new file number when u reapply?

 

[Funbox]

My employer applied again on Jun 1st, 2016. In our last time, it took 20 weeks. I believe it would have taken about a month if they hadn't had to ask for additional documents (this request was exactly 1 month after the application).

Hey funbox! Did u get a new file number when u reapply?

We have not. The first time we've applied, we just got a file number when Service Canada requested additional documents (it was included in the email).
This time, we haven't get anything yet. I'm not sure how it works if no additional documents are required. If this was the case, they would not need to sent any email.

Once and a while, we check the credit card to see if they have charged the application fee so we know that it has been received.