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LMIA for those currently working...

evanstp9

Hero Member
Nov 27, 2012
367
27
Hi,

Has anyone seen the following?

PURPOSE OF APPLICATION
Are you applying for an LMIA to support a foreign national's:


permanent resident visa application (this means you will hire the foreign national only after their immigration application is processed and the
permanent resident visa is issued). This option does not have a processing fee.

OR

work permit application and permanent resident visa application (this means you will hire the foreign national as a temporary foreign worker before
while their permanent residence application being processed). This option requires paying a processing fee.


Does the statement in brackets: (this means you will hire the foreign national only after their immigration application is processed and the
permanent resident visa is issued)
mean that even if you are currently employed, on an OWP, you have to stop working and wait, not only for the LMIA but the PR application to be finalized???

If so, could an OWP holder then choose the second option, which needs $1000 fee and also gives a work permit? (I assume closed, based on the current employer)??
 

gabu1980

Newbie
Feb 15, 2015
4
0
Not a 100% sure but I don't think that you have to stop working, I believe you can still carry on and work as long as your OPW is not about to expire.

Now if that is the case I guess you would have to go with the second option.

Keep in mind that an OPW allows the employer to hire you without having to obtain an LMIA, which pretty much means that no rules are being broken while you work for your employer and wait for the processing of your PR application.

I want to ask you about something donno if you might have any idea.

I'm a bit confuse, to my understanding someone is eligible to get and LMIA on a high skilled occupation with a low wage as long as they don't represent more than the 10% of the company work force. is that the way it is ???

or if that's not the case does the company has to paid the median wage to the employee base on the noc code for the job or base on the provincial median wage?

thanks,
 

paras1991

Hero Member
Jun 26, 2015
266
10
Mississauga, ON
Category........
NOC Code......
1311
Job Offer........
Pre-Assessed..
App. Filed.......
20-08-2015
Doc's Request.
RCMP -23 Sep, submitted-23 Sep 2015
AOR Received.
20-8-2015
Med's Done....
29 Aug-Passed
Passport Req..
07 jan 2016
LANDED..........
30 jan 2016
Service Canada Said that the employee can't work if the fees is not paid

Which option you have choosed?