LMIA Options for PGWP

[jes_ON]

There are two LMIA options, one with the fees and other without fees - which one would apply to me? Please give me your opinion what should be the best course of action for me?

The one without fees is strictly to support a PR application. The one with fees - good for a work permit (as well as PR). So it depends whether you need a new work permit in the near future.

With free LMIA, I can't start working until I am awarded PR? But how does that work, I am currently employed. To do that, do I have to apply for another position for my employer? Please correct me if I am wrong.

Free LMIA would have no impact on your current work permit. If you are currently authorized to work, you would continue per your work permit.

 

[dukhi]

Good luck! My manager said I don't want to get involved in this, I am just too busy. She sent an email to HR saying do whatever it takes to support his application 8) 8) 8) 8)

I have meeting with HR Manager tomorrow. Fingers crossed.

One more question, are there wage restrictions for LMIA? Does the wage has to be at least equal to median wage? I am working on an entry level position, and my wage is little over than the minimum wage of my occupation. Is this going to be a n issue? Thanks

I think you will need a median wage for lmia

 

[Nightrocker]

Thanks a lot for clarification. My work permit expires next mid-year, so I should be good.

 

[Nightrocker]

I think you will need a median wage for lmia

That's no good. I think no would have median wage on an entry level position.

 

[dukhi]

That's no good. I think no would have median wage on an entry level position.

Thats an irony ...i have good wage equal to median wage but my company categorically said no help from us

 

[Nightrocker]

Thats an irony ...i have good wage equal to median wage but my company categorically said no help from us

Too bad.

 

[dukhi]

Too bad.

I dont want to discourage...but i am not sure how can a company prove they didnt Find any canadian for this position

 

[AAA2133]

Check this out:

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general/index.shtml

"Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.

Employers must review and adjust (if necessary) the TFW's wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.

In addition, employers must ensure the wage offered to the TFW is not below any:

Applicable federal or provincial/territorial minimum wage rates; or
Wage schedules set by provincial/territorial legislation (e.g. Manitoba Construction Industry Wages Act).
Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA."

I'm not aware if any exception.

 

[dukhi]

Check this out:

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general/index.shtml

"Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.

Employers must review and adjust (if necessary) the TFW's wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.

In addition, employers must ensure the wage offered to the TFW is not below any:

Applicable federal or provincial/territorial minimum wage rates; or
Wage schedules set by provincial/territorial legislation (e.g. Manitoba Construction Industry Wages Act).
Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA."

I'm not aware if any exception.

Yes thats what said you need median wage

 

[Nightrocker]

I dont want to discourage...but i am not sure how can a company prove they didnt Find any canadian for this position

That's the issue. Will see what my HR manager says tomorrow. I am pretty sure they must be familiar with the process. If they don't see success they'll simply deny it. My second option would be to look for jobs in remote areas where it is really difficult to find candidates. How about Yellowknife?

 

[Nightrocker]

Check this out:

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general/index.shtml

"Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.

Employers must review and adjust (if necessary) the TFW's wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.

In addition, employers must ensure the wage offered to the TFW is not below any:

Applicable federal or provincial/territorial minimum wage rates; or
Wage schedules set by provincial/territorial legislation (e.g. Manitoba Construction Industry Wages Act).
Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA."

I'm not aware if any exception.

Thanks for sharing. Means, it is clearly going to be a failure.

 

[mf4361]

One more question, are there wage restrictions for LMIA? Does the wage has to be at least equal to median wage? I am working on an entry level position, and my wage is little over than the minimum wage of my occupation. Is this going to be a n issue? Thanks

LMIA requires prevalent wage/median wage, or else a negative...

that'd be a problem...and that's an issue people had been raising for some time. It's close to impossible to earn prevalent wage at most entry-level job, which most PGWP are.

 

[dukhi]

That's the issue. Will see what my HR manager says tomorrow. I am pretty sure they must be familiar with the process. If they don't see success they'll simply deny it. My second option would be to look for jobs in remote areas where it is really difficult to find candidates. How about Yellowknife?

If you can find a job there

 

[se7en]

That's the issue. Will see what my HR manager says tomorrow. I am pretty sure they must be familiar with the process. If they don't see success they'll simply deny it. My second option would be to look for jobs in remote areas where it is really difficult to find candidates. How about Yellowknife?

My wage is more the median. My position is strong based on union and I am in very good standing in my department and already spent more than a year.
Nightrocker come to Yellowknife, I am already here Its a small place but you might find it a bit colder as compare to the other cities in Canada.
Pay rate is on the lead here as compare to other provinces.

 

[evanstp9]

You don't have to necessarily get median wage, check the link below:

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/general/index.shtml

And I quote form that:

Transition to a Canadian Workforce
Employers must engage in activities to transition to a Canadian workforce and reduce their reliance on TFWs. The specific requirements an employer must follow are determined by the wage being offered for the position, in relation to the provincial/territorial median hourly wage, based on Statistics Canada’s Labour Force Survey (2013).

Employers offering a wage to a TFW that is:

BELOW the provincial/territorial median hourly wage will be subject to a cap on low-wage positions;
AT or ABOVE the provincial/territorial median hourly wage will be required to complete a Transition Plan for high-wage positions.

as well as:

Cap on Low-wage category Positions
offering a wage to a TFW tEmployers hat is below the provincial/territorial median hourly wage will be subject to a maximum 10% cap on the proportion of low-wage TFWs. The cap will be phased in over the next 2 years to provide employers who use the Program with time to transition to a Canadian workforce.

Employers that have a low-wage TFW workforce will be:

limited to 30% or frozen at their current level, whichever is lower;
reduced to 20% beginning July 1, 2015; and
further reduced to 10% on July 1, 2016.
The 10% cap is the maximum percentage of low-wage TFWs that an employer will be allowed to have at a work site, as of July 2016.

So technically you can, of course it is going to be more difficult for a positive response, and the employer has to comply with the restrictions I mentioned above.