Need a couple clarifications for the LMIA process

[beholder69]

As above, I have two questions after reading the changes:

1) does it mean that now employers can offer TFWs a wage below the provincial median one? If of course they are not affected with the cap.

2) if they offer more than that, what could be actual examples of a transition plan activities?

 

[jes_ON]

As above, I have two questions after reading the changes:

1) does it mean that now employers can offer TFWs a wage below the provincial median one? If of course they are not affected with the cap.

If the wage is below the provincial median, it is considered lower skilled, and will therefore be subject to the cap and other limitations for lower skilled.


2) if they offer more than that, what could be actual examples of a transition plan activities?
How you will train a Canadian to replace you.

 

[beholder69]

Thanks for that! Although for no2 they seem to require some specific activities from 3 separate groups, according to the Service Canada website and it gets a bit too complicated.

The thing is that the position offered is that of a cook and the salary would be close to the provincial median of 11.25 anyway but now if we adjust it before posting the ad a bit below that, the employer will not have to worry about the transition plan but on the other hand, I guess if it's above that, it will raise the possibility of receiving a positive LMIA. You see, time is of huge essence in our case, so really can't afford receiving a negative one.

 

[jes_ON]

The thing is that the position offered is that of a cook and the salary would be close to the provincial median of 11.25

well... based on the information posted, it's not the provincial median for the occupation that they will use - it's the overall provincial median:
http://www.edsc.gc.ca/eng/jobs/foreign_workers/reform/restrict.shtml

 

[beholder69]

Whoa, big difference! ;D

Thanks for that, will have to go under the low-skilled category then.

One last question (I promise). I saw that if an LMO had already been issued and suspended, it's still valid if it hasn't expired but didn't see any info about unnamed LMOs. Ie if an employer had an unnamed LMO, can it still be used if they add the name of the employee?

 

[stopDA]

Whoa, big difference! ;D

Thanks for that, will have to go under the low-skilled category then.

One last question (I promise). I saw that if an LMO had already been issued and suspended, it's still valid if it hasn't expired but didn't see any info about unnamed LMOs. Ie if an employer had an unnamed LMO, can it still be used if they add the name of the employee?

I was about to ask the same thing. I just called my employer a few hours ago and he told me that he plans to put names on his LMO some time next week. I'm guessing that unnamed LMOs are still valid. Unnamed LMOs aren't processed the same way as regular LMOs. All your employer has to do is submit a list of names along with their LMO approval letter and then the names are entered into the system by ESDC. They don't do any assessments of whether or not they'll give you permission to hire foreign workers. They've already done that in the pre-approval process.

 

[jes_ON]

One last question (I promise). I saw that if an LMO had already been issued and suspended, it's still valid if it hasn't expired but didn't see any info about unnamed LMOs. Ie if an employer had an unnamed LMO, can it still be used if they add the name of the employee?

I don't see any info either. It says if you are named on the LMO, you can go ahead and process, so I would assume that if you are NOT named on the LMO, you're probably out of luck. But your employer should contact ESDC to find out for sure.