PNP through PEO payroll company

[v-rachen]

I’m currently in US and my company is willing to move me to Canada through a payroll company. The idea is to get work permit, work for a year and apply through Experience class or PNP. Will any province (BC) accept PEO letter as valid (offer) letter for PNP. Does it need to be LMIA approved? Since I’m above 45, what are my options? Is there any point in trying now?

 

[Naturgrl]

I’m currently in US and my company is willing to move me to Canada through a payroll company. The idea is to get work permit, work for a year and apply through Experience class or PNP. Will any province (BC) accept PEO letter as valid (offer) letter for PNP. Does it need to be LMIA approved? Since I’m above 45, what are my options? Is there any point in trying now?

How are you getting a work permit to move to Canada? You need a Canadian employer who can’t hire within Canada, and then files for a LMIA. You can’t work in Canada through PEO if you don’t have a LMIA. A job offer from a US company is not a valid job offer.

To immigrate, EE may not be an option because of your age. For BC, you need a Canadian job offer. Then you apply for PR.

 

[v-rachen]

One of the PEO I talked to said, they will do GTS work permit without LMIA. Is that right? Does BC require LMIA? Can we apply for PNP with that job offer?

 

[moscatojuices]

I don't know why but something smells funny to me here but I'm the cynical type. Can I ask why your company seems to be going out of the way to help you get PR in Canada? Why you?

Only you and your company can determine if you'd qualified for the GTS, there are too many factors: https://www.canada.ca/en/employment...n-workers/global-talent/requirements.html#h13

 

[v-rachen]

Because Ive been with the company for 10 years and US immigration is getting delayed. There is nothing fishy here. Lot if companies move employees to Canada since GC queue for Indians is long. To my original question, can this PEO offer be used for PNP?

 

[Naturgrl]

One of the PEO I talked to said, they will do GTS work permit without LMIA. Is that right? Does BC require LMIA? Can we apply for PNP with that job offer?

To be eligible for BC PNP, the company has to be based in BC and show that they have employees and pay taxes in the province. The employer has to show a business license too. The PEO would be supporting you so they are filling out all the BC PNP employer paperwork. They will need to show that they advertised the job and no one can fill it. Go to the BC PNP website and look up employer requirements.

 

[v-rachen]

Thanks. I had concerns because BC PNP site says employment agencies are not eligible. PEO team says they will do it. Ofcourse they will say because they get business. But I wanted to check the reality.

 

[Naturgrl]

Thanks. I had concerns because BC PNP site says employment agencies are not eligible. PEO team says they will do it. Ofcourse they will say because they get business. But I wanted to check the reality.

I do not think a PEO would be eligible given the BC PNP employer requirements, and the paperwork that must be completed to support the nomination.

 

[v-rachen]

This is what site says about ineligible employers. How strictly this is enforced?

• employment agencies and similar placement firms unless you directly employ the applicant, and they are contributing directly to your primary line of business

 

[scylla]

This is what site says about ineligible employers. How strictly this is enforced?

• employment agencies and similar placement firms unless you directly employ the applicant, and they are contributing directly to your primary line of business

The PEO would need to misrepresent the employment situation in order for you to be able to use this for PNP.

Misrepresentation is dangerous territory. It's possible IRCC may not catch it. Possible they may catch it and simply refuse your application. Or possible you may be refused and also banned from Canada for 5 years for misrepresentation.

 

[Naturgrl]

This is what site says about ineligible employers. How strictly this is enforced?

• employment agencies and similar placement firms unless you directly employ the applicant, and they are contributing directly to your primary line of business

Correct. Are you an employee of the PEO? No. If they say they can do it and support your nomination that it may be considered misrepresentation.

 

[v-rachen]

What are the chances of getting PR through experience class draw? I will at most get around 420-430 after a year.

 

[scylla]

What are the chances of getting PR through experience class draw? I will at most get around 420-430 after a year.

You mean CEC?

It's a hard call and your score is on the lower side.

There have been no CEC draws since September last year and we don't know when / if draws will restart. Assuming draws restart, the score to be selected is expected to be quite high, especially if they return to general draws which would include FSW applicants. There's also talk of IRCC changing the CEC program.

It's honestly really hard to say.

Can you increase your score?

 

[v-rachen]

My IELTS is 8.5 and wife's is 7. Not sure what else to do. I dont have Masters or French knowledge. Both are going to take more time and delay things.
What are the possibilities of getting a LMIA approved job for me or my wife (any clerical job) after getting in?

 

[moscatojuices]

Pretty weak IELTS scores - anything below 480 won't cut it given what Scylla said and that's on the basis that you're even able to obtain Canadian work experience. Your best option seems to be to find a job that requires an LMIA or get nominated by a province through a job offer and apply for PNP, though I'm not sure of the implications here for your US residency.