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Obtaining LMIA - risk in bigger cities

mtnx

Newbie
Jan 14, 2015
6
0
I noticed a number of people are going to try asking their employer for LMIA. I have checked with my company about what trying to obtain an LMIA actually entails. I thought I would share it here in case some of you are not aware of this or what I was told is completely wrong (in which case, please, correct me).

Here's what I was told:

- Employer has to repost my current position for a number of weeks (can't remember the exact number) on 3 major job boards;

- The employer has to prove they couldn't find a Canadian citizen/permanent resident to do the job: this is where the catch is.

Once the NOC for my position is figured out, lets say 1234, then the minimum the Canadian/PR has to satisfy is the bare minimum requirements for 1234, not the 'would like/nice to have' qualities. In other words, if the bare minimum for NOC1234 is a bachelor's degree or diploma in information technology then as soon as a Canadian/PR with an IT diploma applies, they would get the job instead of me, implying that I would lose my job. It doesn't matter that I have years of experience in this field/position, it doesn't matter if I fit in better with the team and have more of the desirable qualities than the Canadian/PR. The employer is expected to hire the Canadian/PR and train them. In bigger cities, the risk of not being able to obtain a positive LMIA is very high for those NOCs with low enough minimum educational requirements.

Employers are very hesitant to try obtain an LMIA since they would not get to select the best candidate for the job anymore especially if the only Canadians/PR to apply would have never made it to the top of the list.
 

Immed

Full Member
Jan 16, 2015
25
1
I think there is more leeway than what you stated. From when i've seen on the LMIA application form, you just have to explain why the applicant was unqualified.

I can't post links but search for "LABOUR MARKET IMPACT ASSESSMENT APPLICATION" and on page 5 or 6 depending on the form you'll see that they just require you to list why the applicant does not qualify.
 

hariskhan

Hero Member
Aug 23, 2014
352
7
Job Offer........
Pre-Assessed..
How are foreign skilled workers going to land job(s) through jobbank when;

(1) employers have to get LMIA
(2) every job (or most jobs that are advertised) in Canada require at least 1 year Canadian work experience

?
 

all_the_best

Star Member
May 25, 2012
50
2
LMIA are approved by Service Canada which is part of Employment and Social Development Canada. This ministry caters to Human Resources. CIC is a ministry in itself. So we have two departments who work independently and have different set of priorities. Service Canada wants to ensure Canadians and PR holders have enough jobs and growth opportunities so they do not approve LMIAs easily. If they can find enough people with skill sets in the job bank, they will not approve LMIA and there is no dearth of people with generic skill sets in Canada. A company will need to explain why it can not hire a person who applied in response to advertisements and has similar credentials with less experience. I have seen examples where they have rejected LMOs based on idea that a prospective employer can get a less trained inexperienced worker and polish him/ her off with on job experience. Do companies agree with it....No.. They are suffering miserably as a result...They are paying huge amounts to contractors in some specific skill sets..

Its hard to get LMIA though not impossible. Its all about location, skill sets and an employer willing to go through the pain of applying and both employee and employer having the patience and perseverance to go through this for months together without hiring someone else or getting hired somewhere...
 

the_lion

Hero Member
May 24, 2012
394
29
Job Offer........
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all_the_best : +1 for your post.

I went and talked to CISCO, TCS and BLACKBERRY. all of them say that they're dont with LMIAs becoz its time and cost consuming, matching salaries is hard, even if approved it takes sometimes 6 -8 months for them. hiring managers arent really ready to wait that long.
 

pixelfrontier

Star Member
Oct 13, 2014
79
4
Job Offer........
Pre-Assessed..
One thing you didn't mention OP was that your employer has to pay a 1000 CAD fee for the LMIA application.
 

evanstp9

Hero Member
Nov 27, 2012
367
27
No fee for LMIA to support PR application, as OP mentioned that he currently works, so I assume he meant LMIA is for PR and EE purposes.
 

pixelfrontier

Star Member
Oct 13, 2014
79
4
Job Offer........
Pre-Assessed..
evanstp9 said:
No fee for LMIA to support PR application, as OP mentioned that he currently works, so I assume he meant LMIA is for PR and EE purposes.
Are you sure? I've come across several people saying there's no fee for a LMIA that supports a PR application, but where are you guys getting this info from? I've been unable to find any official sources mentioning this.
 

G4v1N

Full Member
Dec 3, 2014
37
4
As I told by my consultant, LMIA to support PR is free but with this LMIA you are not able to extend your Work Visa. On the other hand, if your employer pay $1000 for your LMIA, with that you can extend your Work Visa as well.
 

evanstp9

Hero Member
Nov 27, 2012
367
27
pixelfrontier said:
Are you sure? I've come across several people saying there's no fee for a LMIA that supports a PR application, but where are you guys getting this info from? I've been unable to find any official sources mentioning this.

There you go:

http://www.cic.gc.ca/english/department/media/notices/2014-12-01.asp

Number 10, second to last bullet point