Lmia confusion- Please advice!

[Navprateek]

Hi All,
I am looking to get some information on LMIA. I am currently employed in NOC A cat job in Ontario but my employer is not ina favor of providing LMIA. Whereas my husband who has a valid spouse open work permit workes as a Drywall installers and finishers and lathers NOC -B 7284 have talked to his employer and he is willing to look into the procedure. My concerns are:

1. My husband is on SOWP does he qualifies to apply for LMIA?
2. His employer is a sub contractor, I am not sure if he can even provide LMIA? Their union is Drywall Acoustic Lathing & Installation Local 675.
3. Or will my husband has to sign up for the union and they are the one who can apply for the same.
4. I know that there is no minimum experience required to apply for the same whereas my husband has been working with him from almost 3 months now. My husband's highest education is secondary school cred. He was enrolled in 2 year prog in Canada but due to some reasons he had to go back to his home country and wasn't able to finish his studies. That's why we end up applying for SOWP.

Every little suggestion and help will be highly appreciated.

 

[scylla]

Your husband's employer can certainly try applying for an LMIA. To be approved, the employer will have to demonstrate that he is paying a fair wage for the job and will have to prove the job was advertised and no Canadian could be found for the role. If your husband is being paid below the median wage - you should expect the LMIA to be refused.

 

[Navprateek]

Your husband's employer can certainly try applying for an LMIA. To be approved, the employer will have to demonstrate that he is paying a fair wage for the job and will have to prove the job was advertised and no Canadian could be found for the role. If your husband is being paid below the median wage - you should expect the LMIA to be refused.

Thank-you so much Scylla,
So just to be more clear the sub contractor (basically the person he works under) can apply for his LMIA. He doesn't have to go through his union right?
Also the median for this category is $30 - $31. And the lowest is $18. Does this mean his wage should be somewhat between $25- $27 will be good enough or it requires to be $30?

 

[paras1991]

check on job bank website for median wage for the title and the region he is working. There needs to be a employee-employer relationship between him and the person for whom he is working.

The govt needs to be convinced that the employer is unable to find a Canadian with the skills and knowledge required to do the job. That said, education and experience do make a difference unless there is a real labour shortage in the area where the job is located.

 

[scylla]

He should be paid $30 / $31 or higher. Agreed there should also be a shortage of his skill in that region or there's probably no point applying for the LMIA.

 

[Navprateek]

He should be paid $30 / $31 or higher. Agreed there should also be a shortage of his skill in that region or there's probably no point applying for the LMIA.

Thank-you so much Scylla and Paras for the information. Highly appreciated.

 

[Pippin]

I am no expert, but a couple of things crossed my mind. As a subcontractor, is the employer in a position to offer a full time permanent position? Also, I don't know what the skill or education requirements are for the trades immigration stream, but your husband would have to qualify and be the primary applicant if he was the one with the job offer, wouldn't he?

 

[jes_ON]

Some good points raised. Assuming you want the LMIA for the 600 point bonus, you should know that the "valid job offer" bonus requires more than just the LMIA - it requires a written offer of full-time, non-seasonal, permanent employment. Given his occupation, it is unlikely that the employer is able to do this.

 

[kveashoka]

Hi
I am PGWP holder working on NOC B ( construction estimator) job from June 15,2015( PGWP valid from September 2015 to 2018) in alberta.Is it possible to get an LMIA for me? My employer is willing to apply for that. I want to know the chances before i request him to do so.I lost my hope in AINP. I think that having an LMIA will improve myscore for EE.