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Question about my lmia

fredde587

Star Member
Jan 7, 2014
96
0
Anyways here we are again with all the changes the company is applying for noc 7611 (plumbers helper) it has been advertised now for quite some time and we were just filling out the application and we noticed it says this on their website. WHAT YOU READ BELOW IS COPY & PASTED.

Stream for Low-wage Positions

The Stream for Low-wage Positions allows employers to hire temporary foreign workers (TFW) for full-time positions (minimum of 30 hours of work/week) where the wage being offered is below the provincial/territorial median hourly wage where the job is located.
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Description

The Temporary Foreign Worker Program (TFWP) is using the provincial/territorial median hourly wage to set program requirements by stream. The specific requirements an employer must follow will be determined by the wage being offered for the position, in relation to the provincial/territorial median hourly wage, based on Statistics Canada’s Labour Force Survey.

Employers offering a wage to a TFW that is below the provincial/territorial median hourly wage will be subject to all of the requirements of the Stream for Low-wage Positions.

It is important to note, that the TFWP uses the National Occupational Classification (NOC) codes to determine the prevailing wage and to ensure that the appropriate job requirements and duties are used for the occupation. After employers have determined whether they are hiring a TFW for a low-wage position or a high-wage position, they must ensure that they meet all of the requirements for that stream including meeting the prevailing wage requirement.

Under the Immigration and Refugee Protection Act (IRPA), there are special circumstances when:

employers are exempt from requiring a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC)/Service Canada to hire a TFW; or
TFWs are exempt from requiring a work permit issued by Citizenship and Immigration Canada (CIC).

Ministerial Instruction – Refuse to Process

The TFWP is refusing to process LMIA applications for 10 low-wage / lower-skilled occupations from employers that are included in the Accommodation and Food services sector and the Retail trade sector in economic regions across Canada that have an unemployment rate of 6% or higher. To be affected by this refusal to process, 3 criteria must be met.

Employers must be:

seeking to hire TFWs in an economic region with an unemployment rate of 6% or higher (as defined by Statistics Canada);
classified under the North American Industry Classification System (NAICS) as:
Accommodation and food service (NAICS 72); OR
Retail trade (NAICS 44-45)
applying to hire TFWs for specific lower-skilled occupations, classified under the National Occupational Classification (NOC) as:
Food Counter Attendants, Kitchen Helpers and Related Occupations (NOC 6641);
Light Duty Cleaners (NOC 6661);
Cashiers (NO 6611);
Grocery Clerks and Store Shelf Stockers (NOC 6622);
Construction Trades Helpers and Labourers (NOC 7611);
Landscaping and Grounds Maintenance Labourers (NOC 8612);
Other Attendants in Accommodation and Travel (NOC 6672);
Janitors, Caretakers and Building Superintendents (NOC 6663);
Specialized Cleaners (NOC 6662);
Security Guards and Related Occupations (NOC 6651)

Note: ESDC currently recognizes Yellowknife as microregion experiencing low unemployment. This means that the Ministerial Instruction – Refuse to Process does not apply to LMIA applications for work locations with specific Yellowknife postal codes.


WeARE NOT above the 6% unemployment rate here in Edmonton

-So will this affect us and refuse the application right away though? Ive heard different opinions about this.
 

dreematt

Star Member
May 24, 2015
96
7
Category........
Visa Office......
CIC Mississauga
Job Offer........
Pre-Assessed..
AOR Received.
March 17, 2015
Med's Done....
Jan 2015 (Up Front)
Lammawitch said:
Hi seniors. just need some advice regarding lmia. My cousin have been offered a job in Edmonton, and the employer is willing to process lmia. But the problem that I can see is that the number of employee working there is as low as just 2 people. Do you think lmia will still be positive? Please give me advice. Thanks. I just wanna make sure that it'll be positive coz I want to be with my cousin here.
 

Lammawitch

Champion Member
Dec 21, 2014
2,256
110
Job Offer........
Pre-Assessed..
dreematt said:
Hi seniors. just need some advice regarding lmia. My cousin have been offered a job in Edmonton, and the employer is willing to process lmia. But the problem that I can see is that the number of employee working there is as low as just 2 people. Do you think lmia will still be positive? Please give me advice. Thanks. I just wanna make sure that it'll be positive coz I want to be with my cousin here.
No one can say whether the LMIA will be granted or refused. What job is this? If it's one requiring specialized skills and the employer can't recruit a Canadian or a PR, and proves this, then your cousin might have a good chance.

There's a thread somewhere on the board (which I can't find at the moment) about a successful LMO for a job in a very small company, but iirc, it was highly specialized.
 

dreematt

Star Member
May 24, 2015
96
7
Category........
Visa Office......
CIC Mississauga
Job Offer........
Pre-Assessed..
AOR Received.
March 17, 2015
Med's Done....
Jan 2015 (Up Front)
Lammawitch said:
No one can say whether the LMIA will be granted or refused. What job is this? If it's one requiring specialized skills and the employer can't recruit a Canadian or a PR, and proves this, then your cousin might have a good chance.

There's a thread somewhere on the board (which I can't find at the moment) about a successful LMO for a job in a very small company, but iirc, it was highly specialized.
No it's just a food counter attendant