Ontario resident treated as a foreign worker(LMIA problem?)

[atazure]

Hey guys!

I understand that EE is there to try and control the skills of foreign workers coming into Canada. The problem is, I am an international student, graduated with a BAchelor degree from a Canadian college, that has been living in working in Canada since my graduation(4 years now). Technically i am NOT a foreign worker since all of my experience has been here in Ontario, and yet, my current work place needs to apply for an LMIA and prove that I(a foreign worker??) am better than a Canadian citizen even though, technically, we are the same.

Any advice on what I can do and how best my work should approach the LMIA application?

Is there a PR program supporting international students that stayed and worked in Canada after graduating or is EE our only option?

 

[scylla]

Technically you are a foreign worker. The term foreign worker refers to anyone who requires some sort of visa/permit to work in Canada. It has nothing to do with where your work experience was gained.

EE is really your only option at this point. Regardless whether you want to apply through CEC or FSW, you now have to go through EE. The same applies for the provincial nominee programs (you need to apply through EE first).

The best approach to the LMIA process is to ensure all of the conditions are fully met before your employer applies. This means ensuring the job is properly advertised for at least a month on several job sites. If you make at least the median wage, this will help as well.

Good luck.

 

[atazure]

Technically you are a foreign worker. The term foreign worker refers to anyone who requires some sort of visa/permit to work in Canada. It has nothing to do with where your work experience was gained.

EE is really your only option at this point. Regardless whether you want to apply through CEC or FSW, you now have to go through EE. The same applies for the provincial nominee programs (you need to apply through EE first).

The best approach to the LMIA process is to ensure all of the conditions are fully met before your employer applies. This means ensuring the job is properly advertised for at least a month on several job sites. If you make at least the median wage, this will help as well.

Good luck.

Thank you!

I was reading up on the LMIA website and saw that the employer had to prove why this specific foreign worker was better than a canadian one and I focused on the "foreign" part thinking that I needed, outside of canada exerience, but I guess it's really more about them proving that I am a necessity to the workplace no matter where I gained my experience.

Do you know if they have to let me go for the time they advertise for my position? Or may I continue working?

 

[scylla]

No - they certainly do not need to let you go while the position is being advertised. As long as your work permit is valid you can keep working.

 

[atazure]

No - they certainly do not need to let you go while the position is being advertised. As long as your work permit is valid you can keep working.

Awesome, thanks again.