LMIA Clarifications for a Weird Situation

[bradleyn]

So, my wife and I have a bit of a complex situation, and I'd appreciate any help.

We came here a year ago on her closed, LMIA-exempt work permit, with me holding an open work permit. Since then, I found employment (product analyst and technical support for a software company) and am looking to continue working with them.

A year later, her contract was not renewed for a full year (only 5 months), and mine is an indefinite contract. So now, we will need to change my permit status to a closed work permit with my current employer, and she will need an open permit so she can find work after her short contract ends. Everything seems relatively straightforward except for whether a LMIA from my current employer is required or not.

Has anyone else been through a similar situation? Am I LMIA exempt since I was originally hired with an open work permit and am already working in Canada, or will my employer still need to file an LMIA for this application cycle?

 

[scylla]

Yes - you absolutely require an LMIA to obtain a closed work permit. No - you are not LMIA exempt. You were only LMIA exempt while your wife was holding a closed work permit. Your employer needs to go through the entire LMIA cycle including advertising your role for a month before applying for the LMIA and paying the $1000 fee.

 

[bradleyn]

Yes - you absolutely require an LMIA to obtain a closed work permit. No - you are not LMIA exempt. You were only LMIA exempt while your wife was holding a closed work permit. Your employer needs to go through the entire LMIA cycle including advertising your role for a month before applying for the LMIA and paying the $1000 fee.

Thanks for the clarification. I was unsure if LMIA only applied during a permit life cycle, or if it was tied to the whole life of the job. Sounds like it's definitely the former.

Follow-up: There are multiple positions in the company for people who hold my title. My employer has been effectively advertising and hiring individuals for the same position since I was hired. Would that satisfy the requirements of LMIA, or does it require something further from them?

Thanks again.

 

[scylla]

Thanks for the clarification. I was unsure if LMIA only applied during a permit life cycle, or if it was tied to the whole life of the job. Sounds like it's definitely the former.

Follow-up: There are multiple positions in the company for people who hold my title. My employer has been effectively advertising and hiring individuals for the same position since I was hired. Would that satisfy the requirements of LMIA, or does it require something further from them?

Thanks again.

It may or it may not. If you haven't done so already, read up on the advertising requirements for LMIA in detail - they are very specific and if your employer doesn't meet them, the LMIA will be refused. The requirements include specific locations the job needs to be advertised (including the Canadian Job Bank). It's quite possible the advertising your employer has done to date won't meet the LMIA minimum requirements.

 

[Regina]

LMIA cycle including advertising your role for a month

A month or two weeks? Just for clarification.

 

[scylla]

A month or two weeks? Just for clarification.

Month.