LMIA + Work Permit + FSW/PNP Question

[Tester1234]

Hello,

I would like my father to search for jobs in Canada. I would like him to initially come for a work permit and then transition into a PR. From my understanding, there seem to be two options:

1) FSW
2) PNP

But the time-lines for these are very long. Assuming, I do not want him to get a PR right away, and instead just come to Canada to work. Could you please let me know if there is a work-visa option only? What are the time-lines for this? Once he works for a year. We could potentially apply via the CEC class correct? Atleast, this way, he will be able to be in Canada although the time might be long, but on the other hand. The PR sponsorship takes forever.

Questions:

Q1: Could you please guide me with what documents he'd need?
Q2: What would a potential employer have to do etc.?
Q3: If he comes to Canada on a visit visa. Can he apply from USA? It says on the website that you need to provide citizenship proof of the country you are applying from. He is not a US Citizen
Q4: Can I please get a list of which jobs are LMIA except? I didn't quite find something specific. I understand some job classes are. Are all jobs under NOC : A , LMIA exempt?
Q5: Would you suggest once he has a work permit to apply via the FSW class right away? Or to wait a year and apply via CEC?
Q6: Could you please give me an idea of the process required to apply for PR after a work visa?

I would genuinely appreciate any and all help ...

 

[scylla]

The first step for working temporarily in Canada is to find an employer in Canada who is willing to offer your father a full time job. This is a very difficult step. So I would recommend you figure this out before worrying about anything else.

Before your father will be able to apply for a work permit, the employer will first need to obtain an approved LMIA. To obtain the LMIA, the employer will first have to advertise the job for at least a month on several recognized job sites to prove no Canadian could be found for the role. Then the employer will have to pay a $1,000 processing fee and submit the LMIA application for processing. The processing of the LMIA application will take a few months. Once the LMIA is approved, your father can then apply for a work permit. This will take another few months of processing.

No - NOC A jobs are not LMIA exempt.

LMIA exempt jobs are here: http://www.cic.gc.ca/english/work/apply-who-permit.asp

 

[Tester1234]

Thanks scylla, for your reply. I appreciate it.

I am aware of the LMIA and have done some reading on it. They say that it takes 10 days to process. But you've mentioned a few months. Could you please clarify why do you say a few months?

Q1: Does my father need an ECA (Education Equivalency) for a work permit?
Q2: Does he need IELTS result for the work permit as well? My father had given IELTS 5 years ago and I know that the results are only valid for 2 years, would that mean he would have to take it again?
Q3: Is there any possibility to apply for a work permit from within Canada? As in, if he came on a visit and was able to obtain an offer of employment on the visit visa

 

[scylla]

Read through the LMIA discussions on this forum to see processing times. It's not 10 days.

No - he doesn't need ECA or IELTS. Yes - he can apply for a work permit while here as a visitor.

 

[Tester1234]

scylla, thanks for your reply. Could you tell me how much time is takes approximately for the work permit from within Canada?

So according to you, if I did Work Permit -> 1 year experience -> CEC PR. Would that be a good option? I don't want to deal with the hassle of ECA and having to give IELTS again. I believe these are not required for CEC, and only a factor of FSW?

 

[Tester1234]

Also, if I wanted my mother to get an open work permit along with my father. What would be the process for that? Would she need to apply seperately? My mother would not be elligible for any skilled profession unfortunately. Just something part-time ...

 

[scylla]

So according to you, if I did Work Permit -> 1 year experience -> CEC PR. Would that be a good option? I don't want to deal with the hassle of ECA and having to give IELTS again. I believe these are not required for CEC, and only a factor of FSW?

You can't avoid IELTS. You need IELTS for CEC as well.

 

[scylla]

Also, if I wanted my mother to get an open work permit along with my father. What would be the process for that? Would she need to apply seperately? My mother would not be elligible for any skilled profession unfortunately. Just something part-time ...

If your father gets a work permit based on a skilled or semi skilled job, then your mother can apply for an open work permit. However there is no guarantee she will be approved. We see plenty of refusals for spousal OWPs on this forum.

 

[Tester1234]

Thanks for all your reply scylla. Much appreciated.

But is an older IELTS result valid? (5 years ago). Can you please confirm if ECA is not required?
Also, I believe his birth certificate might be misplaced. Would this be an issue? Could the passport be a viable record of place/date of birth?
What are your recommendations on CEC vs. FSW vs. PNP?

 

[scylla]

You'll have to read up on the programs to determine which one will work best. I can't recommend one for you. If you don't have time to do this research you should hire a consultant to assist you.

No - older IELTS is not valid. He will need to retake IELTS.

He needs a birth certificate to apply. A passport does not replace a birth certificate.