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Previously LMIA exempt, looking at LMIA process

jonular

Member
Sep 29, 2014
19
0
With the 600 points basically being a necessity at the moment, I need some clarity on how the LMIA process works. A few questions below:

1) Can you get an LMIA after already being in Canada with an LMIA exempt work permit? And keep your same position?
2) If I were to get my employer to go through the LMIA process, and I had a positive LMIA report, would this give me the 600 points? I still would not have an LMIA attached to my current work permit?
3) Has anyone had any success obtaining an LMIA for a NOC 1111 position (such as an auditor, working in a public accounting firm)?
4) This is a bit unrelated, but does anyone know how I can find out how long a NAFTA work permit can last? My current one expires in 2016, but I don't now how long I can renew it for.

Thanks.
 

amira_mais

Hero Member
Aug 18, 2011
635
20
Job Offer........
Pre-Assessed..
1. Can you get an LMIA after already being in Canada with an LMIA exempt work permit? And keep your same position?
Yes. The fact that you're currently working in the position has no positive or negative impact on the LMIA process.

2. If I were to get my employer to go through the LMIA process, and I had a positive LMIA report, would this give me the 600 points?
Yes.

3. I still would not have an LMIA attached to my current work permit?
The LMIA would not be attached to your current work permit, but you can continue working until your WP validity expires. Also, which type of LMIA would your employer apply for? One option is an LMIA that can be used only for PR and has no cost. The other option allows for both a work permit and PR but costs $1000.

4. Has anyone had any success obtaining an LMIA for a NOC 1111 position (such as an auditor, working in a public accounting firm)?
Without data to back this up, I'd still say most likely yes.

5. This is a bit unrelated, but does anyone know how I can find out how long a NAFTA work permit can last? My current one expires in 2016, but I don't know how long I can renew it for.
NAFTA work permits are renewable about 2-3 times but I can't find the exact source for this right now. You could call CIC to check: 1888-242-2100.
 

jonular

Member
Sep 29, 2014
19
0
Thank you!

Can you direct me to more information for the LMIA that can be used only for PR? I'd like to discuss this option with my employer. I don't need one for my work permit as I'm under NAFTA.

I take it that having a positive LMIA at all is what earns the 600 points, not whether or not the LMIA is attached to my current work permit.
 

Rid.Saf

Newbie
Feb 24, 2015
7
0
Hello

I am in Canada since a year on an open work permit. So I can work here with any employer, I don't need lmia to work but to apply PR I need it.

I was reading on lmia. So you saying that if my employer is applying lmia for me just for PR purposes, he does not have to pay anything?

Would you please send me the link for that.

Thank you
 

amira_mais

Hero Member
Aug 18, 2011
635
20
Job Offer........
Pre-Assessed..
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml

This is the link for LMIAs to support PR. The requirements are the same for both types of applications.
 

jonular

Member
Sep 29, 2014
19
0
amira_mais said:
5. This is a bit unrelated, but does anyone know how I can find out how long a NAFTA work permit can last? My current one expires in 2016, but I don't know how long I can renew it for.
NAFTA work permits are renewable about 2-3 times but I can't find the exact source for this right now. You could call CIC to check: 1888-242-2100.
For what it's worth, I called and they indicated NAFTA is exempt from the regular 4 year limits. This guy seemed to think it's indefinite (just keep renewing), although it took him a long time to come up with that answer. I'd prefer to get that in writing somewhere.
 

pixelfrontier

Star Member
Oct 13, 2014
79
4
Job Offer........
Pre-Assessed..
I'm also working on a NATFA work permit. I'm pretty sure I've read somewhere NAFTA work permits can get renewed an indefinite number of times like that CIC agent told you, but I can't remember where. I already asked my employer to get me a free LMIA; just a heads up, the process is supposed to take 2 to 4 months but some people have reported recently it's taking even longer.
 

Mack23

Full Member
Feb 9, 2015
21
0
Hi guys, i am in the same position and i am very interested about the "free" LMIA. I have to say this is the first time i have heard of this and i have done a lot of research. I followed the link but did not see any reference to a free alternative. How did you come by this information and do you have any links to it in writing?

This could potentially help out a lot of people currently working on a inter-company transfer visa and LMIA exempt like myself.

Thanks.
 

kagopala

Star Member
Sep 24, 2014
57
4
check the below NOTE in the above said link:



Note:
The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa.
 

Mack23

Full Member
Feb 9, 2015
21
0
Hiring Skilled Workers and Supporting their Permanent Residence

The Government of Canada believes that foreign workers can help employers meet their labour needs when Canadians and permanent residents are not available. As part of this process the government supports higher-skilled foreign workers based on their potential to become economically established in Canada and to assist employers to meet their skilled labour shortages.


Tab list

1. Description


2. Requirements


3. Wages, Working Conditions and Occupations


4. Recruitment and Advertisement


5. How to Apply


6. Next Steps





Description

Employers who wish to hire skilled foreign workers and support their permanent resident visa application can make a job offer under Citizenship and Immigration Canada’s (CIC) Express Entry system. The job offer must meet the criteria of 1 of the listed economic immigration programs. These programs include:


Federal Skilled Worker Program (FSWP)

The employer must be offering a job that is:
•for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
•full-time hours (a minimum of 30 hours of work per week);
•permanent; and
•non-seasonal.


Federal Skilled Trades Program (FSTP)

The employer must be offering a job that is for:
•an eligible skilled trade or technical occupation (NOC skill level B);
•full-time hours (a minimum of 30 hours of work per week); and?
•at least one year.




Note:

Under the FSTP, the employment offer can be made by up to two employers.



Canadian Experience Class (CEC)

The employer must be offering a job that is:
•for higher-skilled positions such as: management, professional, scientific, technical or trade occupations (National Occupational Classification (NOC), skill type 0, and skill levels A and B)
•full-time hours (a minimum of 30 hours of work per week);
•permanent; and
•non-seasonal.




Note:

Under the CEC, the foreign worker must have at least 12 months of full-time (or an equivalent amount in part-time) skilled work experience in Canada within the 36 months prior to applying for permanent residence. Visit CIC’s website, for more information on the requirements for the CEC.


Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:
•an embassy;
•a high commission or consulate in Canada;
•on the list of ineligible employers maintained by CIC;
•new and have not been in business for a minimum of 1 year; or
•hiring workers for jobs located in the province of Quebec.

For information on the Quebec Skilled Worker Program, consult the ministère de l’Immigration, de la Diversité et de l'Inclusion (MIDI).

Employers who wish to hire skilled foreign workers through 1 of these immigration programs may also want to hire these workers temporarily while their application for permanent residence is being processed by CIC. As a result, employers can apply for a dual intent Labour Market Impact Assessment (LMIA) which requires paying the processing fee. These dual intent LMIAs can be used to support the foreign nationals’ application to CIC for a:
•permanent resident visa; and
•temporary work permit.



This is what i see when i click the link. No Note. Sorry, but am i missing something?
 

moonpalace

Full Member
Dec 26, 2012
29
2
Will the process of applying for LMIA be even stricter when its done in order to get PR?

I spoke to a lawyer who said that my boss could advertise my job for a month, interview a minimum of 3 people to show evidence that they looked for others, and then offer me the job in order to get the LMIA that costs $1000. But with the LMIA in order to achieve PR will the process be even more stringent?
 

CEC321

Full Member
Dec 3, 2014
34
0
Let say the LMIA is recieved for Open work permit holder just for PR application,
Is it mandatory to work for the same employer until the PR is cleared? or is it possible to move anywhere after LMIA?
 

kagopala

Star Member
Sep 24, 2014
57
4
hello Mack,

go to the requirements tab, there you can see the NOTE,
you are seeing in the description tab
 

kagopala

Star Member
Sep 24, 2014
57
4
hello moonplace,

you can ask this question to your lawyer itself? which one would be easy to get LMIA for TFW or for PR visa?
 

vivek4u4me

Star Member
Mar 26, 2014
171
9
Category........
Visa Office......
CIO SYDNEY NOVE SCOTIA
NOC Code......
1311
Job Offer........
Pre-Assessed..
App. Filed.......
DEC 09
Nomination.....
AINP....NOV 27 2015
AOR Received.
March/08/2016
Med's Request
NOV 07 2016
Med's Done....
NOV 08 2016
Interview........
WAITING
Passport Req..
WAITING
VISA ISSUED...
WAITING
LANDED..........
WAITING
Although My company applied for lmia for me... My noc 1311.. applied for ainp in feb.. but ainp is only about wait. So wt u guys think how many chances for me to get a positive LMIA..My company never had any tfw or pgwp holder before...Thats there first tym....