LMIA for PR and start working with the same employer

[Fantasticned]

Hi every one ,
I am so confused about my current statues for Express entry application. I got a job offer and they applied for LMIA for Permanent residency. I want to know after I got my positive LMIA, and approval of PR, shall I start working with them or I can apply for another job. Currently I am in the pool of the express entry and had 1 years work experience with another employer. I appreciate if you could

 

[Naturgrl]

Hi every one ,
I am so confused about my current statues for Express entry application. I got a job offer and they applied for LMIA for Permanent residency. I want to know after I got my positive LMIA, and approval of PR, shall I start working with them or I can apply for another job. Currently I am in the pool of the express entry and had 1 years work experience with another employer. I appreciate if you could

Once you have PR, you can work for anyone you want. You don’t want to change jobs until you have PR.

 

[Fantasticned]

Thanks for your answer. So they gave me a job offer for dec2023 and they are a new start up. They might not get enough fund to pay me the salary. If I apply for PR with positive LMIA by them, is it still ok?

 

[Naturgrl]

Thanks for your answer. So they gave me a job offer for dec2023 and they are a new start up. They might not get enough fund to pay me the salary. If I apply for PR with positive LMIA by them, is it still ok?

How old is the company to be eligible to apply for a LMIA? Do they meet eligibility requirements? Have they posted the job and the salary must meet NOC salary standards? They must prove that they can pay you and meet or exceed the median salary for that NOC.

 

[Fantasticned]

How old is the company to be eligible to apply for a LMIA? Do they meet eligibility requirements? Have they posted the job and the salary must meet NOC salary standards? They must prove that they can pay you and meet or exceed the median salary for that NOC.

The company established since 2012 and they started working officially for their project from 2019. They have all the business legitimacy documents, Pay roll number and financial reports, but they still don’t have a proper fund. There is no one on payroll and they are trying to get the capital now, but they have their patents and prototypes. They applied for theNOC 0013 and the salary is 43 per hour and they offered some shares to this job. The median salary for this NOC in Alberta is higher than 43 $ but when shares are accounted as as a salary it’s getting higher than median.
they posted the job for 2 months at indeed and newcomers platforms and one month at Job bank Canada.
Do you think it would be a problem if they are a new company with this situation?

 

[Naturgrl]

The company established since 2012 and they started working officially for their project from 2019. They have all the business legitimacy documents, Pay roll number and financial reports, but they still don’t have a proper fund. There is no one on payroll and they are trying to get the capital now, but they have their patents and prototypes. They applied for theNOC 0013 and the salary is 43 per hour and they offered some shares to this job. The median salary for this NOC in Alberta is higher than 43 $ but when shares are accounted as as a salary it’s getting higher than median.
they posted the job for 2 months at indeed and newcomers platforms and one month at Job bank Canada.
Do you think it would be a problem if they are a new company with this situation?

Have the employer read through the LMIA documentation. They have to show their financials and prove that the starting salary is the median (shares don’t count) and that they have the money to pay a salary to a new employer. They need to show their annual profits, losses and their bottom line. So yes, it will be a problem because they have to show they can pay you.

 

[Fantasticned]

Thanks for your consideration. I don’t know what to do now they said this LMIA is for support permanent residency and at the time you will be permanent residence we probably can have enough money to support you. They are not hiring me before PR approval. Is this still a matter for LMIA approval?

 

[Naturgrl]

Thanks for your consideration. I don’t know what to do now they said this LMIA is for support permanent residency and at the time you will be permanent residence we probably can have enough money to support you. They are not hiring me before PR approval. Is this still a matter for LMIA approval?

So you have an approved LMIA? if not, have they applied for LMIA or not? They have to show they can pay you. Are you applying for PR through EE or PNP?

 

[Fantasticned]

No I don’t have a LMIA approval yet. They are applying for the LMIA and they prepared their documents to submit it. I am in the pool of EE right now but when I get the positive LMIA I will apply PNP as well.
my CRS is 400 since 2022 December and I haven’t selected by the Alberta government.
I want to apply for PNP after LMIA approval but they are applying thePR support LMIA for me. How can I make sure that all their documents are correct and I would have a chance to get the positive LMIA ? Do you know some one to check the documents before submit ?

So you have an approved LMIA? if not, have they applied for LMIA or not? They have to show they can pay you. Are you applying for PR through EE or PNP?

 

[Naturgrl]

No I don’t have a LMIA approval yet. They are applying for the LMIA and they prepared their documents to submit it. I am in the pool of EE right now but when I get the positive LMIA I will apply PNP as well.
my CRS is 400 since 2022 December and I haven’t selected by the Alberta government.
I want to apply for PNP after LMIA approval but they are applying thePR support LMIA for me. How can I make sure that all their documents are correct and I would have a chance to get the positive LMIA ? Do you know some one to check the documents before submit ?

Well you need to ask to see the paperwork they are filling out. They need to provide their financial statements to support salaries. Are they based in Alberta? Do you have a NOC that is being selected for AINP. Because increasing your score may not give you a nomination. It is based on NOC, CRS score, having family in the province, knowing French etc.

 

[Fantasticned]

So the NOC is 0013 for LMIA application but my background NOC that I am experienced at is university professor. I don’t know how it works !

 

[Naturgrl]

So the NOC is 0013 for LMIA application but my background NOC that I am experienced at is university professor. I don’t know how it works !

You said you aren’t apply for a work permit based on the LMIA. You are using it for PR. Whether you get PR will be determined by if you get a nomination through Alberta…not sure you will. Look at past draws.

 

[Fantasticned]

Well you need to ask to see the paperwork they are filling out. They need to provide their financial statements to support salaries. Are they based in Alberta? Do you have a NOC that is being selected for AINP. Because increasing your score may not give you a nomination. It is based on NOC, CRS score, having family in the province, knowing French etc.

Yes they are based in Alberta. They prepared all the financial statements up to date but the remained funds are not sufficient to pay now.

 

[Naturgrl]

Yes they are based in Alberta. They prepared all the financial statements up to date but the remained funds are not sufficient to pay now.

Ok. So you will wait to see if LMIA is approved as they need to show they can pay an employee.

Employers applying for a labour market impact assessment (LMIA) must pay the temporary foreign worker (TFW):

• at a minimum, the posted prevailing wage for the occupation and work location where the foreign worker will be employed, or
• a wage that is within the same wage range that they are paying their current employees working in the same occupation and same work location, if this rate is higher than the prevailing wage

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

 

[foodie69]

It all sounds a bit dodgy.. I see a teary outcome.