LMIA process - from my experience/positive result/less than 10 employees company

[evanstp9]

I will prepare it and upload it tonight or tomorrow, as soon as I can, promise...the link will be in this thread. Also, have a look at the lawyer's guide in one of my links posted in my privies posts.

Appreciated!

I checked the link you provided from the lawyer as well.


The questions I am having issues are:

21. What are the potential benefits to the Canadian labour market for offering this job to a TFW(s)?
-Being an OWP holder, valid till July 2015, I am currently working for my employer for the past 1.5 year

22. Provide a rationale for the job offer you are making to the TFW(s) and describe how this will meet your employment needs:
-Looking just for ideas, to assist my employer

23. Do you plan to hire or train Canadians/permanent residents for the position(s) for which you are requesting an opinion?
No
If no, explain.

Yes
If yes, provide a brief description of the training plan.

Since training plan is required only for high wage jobs, mine is low wage, so the employer is exempt from that, but subject to the cap.
So it is NO, but what explanation are they looking for??

Last issue: What about the fee payment form? LMIA for EE are supposed to be without any fees, but when I downloaded the form, the payment form is attached as well.

Did you send yours without one?
Leave it blank, with explanation letter?

Thanks again for your valuable input!

 

[seton]

I am not sure what do you consider illegal in my case. I have no issues as my LMIA and WP are legal as my job and position as well. Can you be more specific, please?

The employer is supposed to pay the LMIA fee, and it isn't supposed to be part of the reported wages . If the employer plans to deduct the $1,000 from the employee, the wage used in the LMIA application should be the net wages (gross wage less any associated fees), otherwise the entire wage element gets manipulated. This has been a big issue in the news last year where employers were getting LMOs based on certain reported wage levels, but actually paying their employees less.

Employers are not supposed to deduct any LMIA associated costs from their employee's salary.

 

[sportas]

https://drive.google.com/file/d/0B6WJ7qPfxPNnZnl0Q2h5VHR2ZFk/view?usp=sharing

Here you can find my application filled as filed.

 

[sportas]

Bellow you can find my training plan that we submitted. I suggested few more details, but not sure did employer included it. Details were about cutter being able to deal with many interruptions due to need to communicate with designer, pattern maker, sewers and other stuff, but being able to continue with his/her work even with complicated tasks. Dealing with stressful deadlines, missing supplies, keeping the track of it etc...
Being fit is important. E.g. they had a big girl cutting, but she could not lift the fabric, reach it from high shelf, walk between shelfs etc...


1. Custom Cutting knowledge & skills transfer

a. Trainer to review with trainee before trainee starts the following:

i. Types of tools used for manual & custom cutting.

ii. Types of fabrics & options for cutting each type

iii. How to store & deal with different types of fabrics

iv. Handling and using different patterns

v. Types of adjustments & how to measure & complete them

vi. Processes to ensure info is properly provided to sewers

b. Trainee to watch trainer do job and ask questions as needed

c. Trainee to complete simple actions while trainer confirms outcome

d. Eventual expectation is that the trainee will be able to complete the job without input from the trainer.

2. Use & maintenance of different machines to be provided

a. Types of machines & what they are used for

b. Types of needles & threads & when to use them

c. How to ensure machines are operating; how to care for them

d. Simple problems and possible solutions

3. Dressmaking & Tailoring techniques to be shared, including

a. Assembly using different machines (e.g. serger, coverseam, binder etc.)

b. Handling different types of fabrics

c. Dresses, jackets, pants etc.

d. Elastic usage & stretch wear

e. Closures (zippers, buttons etc.)

4. Alteration techniques to be shared

a. Altering for proper fit

b. Other types of alterations

 

[sportas]

The employer is supposed to pay the LMIA fee, and it isn't supposed to be part of the reported wages . If the employer plans to deduct the $1,000 from the employee, the wage used in the LMIA application should be the net wages (gross wage less any associated fees), otherwise the entire wage element gets manipulated. This has been a big issue in the news last year where employers were getting LMOs based on certain reported wage levels, but actually paying their employees less.

Employers are not supposed to deduct any LMIA associated costs from their employee's salary.

I worked it of. It is recorded as employer payed for it, but did not came of his pocket, even came off his CC. That part you are right - it is not legal. Unfortunately, I had WAY worse experience with my former employer, who breached the contract and miss lead me in my immigration process, as his consultant as well...so I took it in the name of the love for my son who is waiting to continue his education. Done. Moving forward.

 

[sportas]

Appreciated!

I checked the link you provided from the lawyer as well.


The questions I am having issues are:

21. What are the potential benefits to the Canadian labour market for offering this job to a TFW(s)?
-Being an OWP holder, valid till July 2015, I am currently working for my employer for the past 1.5 year

22. Provide a rationale for the job offer you are making to the TFW(s) and describe how this will meet your employment needs:
-Looking just for ideas, to assist my employer

23. Do you plan to hire or train Canadians/permanent residents for the position(s) for which you are requesting an opinion?
No
If no, explain.

Yes
If yes, provide a brief description of the training plan.

Since training plan is required only for high wage jobs, mine is low wage, so the employer is exempt from that, but subject to the cap.
So it is NO, but what explanation are they looking for??

Last issue: What about the fee payment form? LMIA for EE are supposed to be without any fees, but when I downloaded the form, the payment form is attached as well.

*** my LMIA was for WP, not foe EE. Therefore was not for free.

Did you send yours without one?
Leave it blank, with explanation letter?

*** red above

Thanks again for your valuable input!

Find my comments marked as *** in your text. Other answers you will ring in my application you can see following the link. I posted it earlier. Training plan as well.

 

[shek1lla]

good job, this will be a huge help for us! hvala

 

[evanstp9]

Thank you, great assistance!

But why did you submit a training plan?

Since your wage was below the provincial prevailing, your employer was subject to the low cap, but because he had less than 10 employees, exempt as well.

Also, since your offer is permanent, why did you put as expected employment duration 1 year?

 

[sportas]

good job, this will be a huge help for us! hvala

You are welcome. Wish you good luck. Last three weeks before they approved LMIA, my employer was on the phone and email with them almost daily, answering all kind of questions. It was quite annoying but at least we knew they didn’t just refuse it.

 

[sportas]

Thank you, great assistance!

But why did you submit a training plan?

Since your wage was below the provincial prevailing, your employer was subject to the low cap, but because he had less than 10 employees, exempt as well.

Also, since your offer is permanent, why did you put as expected employment duration 1 year?

Training plan was submitted as they were requesting it additionally. In fact, lawyer made the mistake with filling the application. He put how I am going to train Canadians. From that ESDC had idea how that would be the focus of my job position. So they called my employer to clarify that. When my employer explained that I am going to do sewing, cutting and coaching seamstresses cutting as well, than they rather asked the training plan to be submitted, than to return the application and start it all over again. So we did. No complains .

 

[evanstp9]

Any advice on what should I put as expected employment start date and duration?

Have been working full time for the past 1.5 year on that position and company, with an OWP

 

[sportas]

Any advice on what should I put as expected employment start date and duration?

Have been working full time for the past 1.5 year on that position and company, with an OWP

The best I could imagine would be ASAP. With documenting that you are already working and your employer is supporting your PR application. But don’t forget that your employer can call and get some information. They are pretty good guys there, from my boss’s experience.

 

[gsidhu05]

Hi could anyone please tell me if lower skilled occupation (NOC C & D) LMIA are eligible for 600 points in express entry system ?

 

[sportas]

Hi could anyone please tell me if lower skilled occupation (NOC C & D) LMIA are eligible for 600 points in express entry system ?

I am sorry, I wouldn’t know. My LMIA was for WP. Maybe you should follow the thread related to EE. All the best.

 

[sportas]

good job, this will be a huge help for us! hvala

You are welcome. Nema na cemu .Keep us posted.