Questions about LMIA - Very urgent

[Karim Saleh]

Helllllo friends

This is my first post in this valuable forum. I need your urgent advice.

I have accepted in a job opportunity and the employer is now applying for the LMIA to be able to send me a job offer.

my employer is asking how to apply for the LMIA (I am the first foreign employee they hire).

they are asking about the following:

1- should the LMIA form be filled out manually, or it can be filled and submitted online?
2- as for the duration of the job offer, is there a limit for this? i mean to support me on the immigration, should the job offer be limited by years?

the current job is full-time and they say that the contract is for 3 years.


In addition, 3 months ago, i have been accepted in the Express Entry Pool, but my point are not very much and I did not receive an Invitation to Apply.

I asked my employer if i can use the job offer in my EEP profile, they said that this may not be applicable, because they have registered the company less than a year ago (around 4 months ago).

so, in this case,

3- how can i benefit from this job in my express entry pool profile?
4- i read on the CIC that the LMIA has an expiry date of 6 months. my employer needs me to join the team next January/Feb. 2017. if they waited till this, should they apply for another LMIA? do you think i can receive an invitation to apply, before these 6 months? my score now is 340 points.

Please let me know for these questions as soon as possible.

thank you friends.

 

[Bs65]

So just for clarification the employer has only been around for or in business for 4 months ? Believe An employer needs to have been in business for a minimum 12 months to support an LMIA others can comment. See here
http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/overview.page

 

[Karim Saleh]

the information is for 'Hire a skilled worker to support their permanent residency'. and that what the employer said.

but what if the job offer will not be used to support my permanent residency? can they just give me the sponsorship as a temporary worker? I mean, forget about my express entry profile. can i use the job offer from them and have a temporary work permit?

 

[scylla]

Has the employer advertised the job for at least a month to prove no Canadian could be found for the role? That's the first step regardless of why you are getting the LMIA.

Yes - your employer can certainly get an LMIA that will allow you to get a temporary work permit. They will have to pay the $1,000 compliance fee to do this.

 

[Karim Saleh]

Thank you scylla,

Yes, i knew about the job from an advertisement. i am not sure that it lasts for a month. I will ask them.

but the main question here, they can sponsor me as a temporary worker (with temporary work permit) even they have just opened the firm 4 months ago, right?

if yes, when i enter Canada as a Temporary worker, how can this help me to immigrate?

also, can you please let me know your advice regarding the questions i mentioned in my post?

thank you.

 

[scylla]

They need to advertise the job for a month AND they need to advertise it in a way that meets the LMIA advertising requirements. Just advertising it isn't enough.

Sure - it's possible for a company that's just 4 months old to obtain an LMIA as long as they are able to prove they weren't able to hire a Canadian for a role since it requires specialized skills / experience that are rare in Canada.

If you want the job offer to support immigration, the job offer needs to be a permanent job offer.

 

[Karim Saleh]

Thank you very much.

I am searching for the meaning of 'permanent job offer'. may you please help clarifying it? does it mean no end date to the contract? the employer says that the contract is for 3 year and is renewable. is this sufficient?

do you know the page on CIC that defines the 'permanent job offer'?

another update:

I have just received an email from the client that the company was originally established on 2012 in South Africa. and the employer just moved to Canada this year, so they moved the company there. does this change anything regarding the job offer support for the Express Entry?

 

[Regina]

the employer says that the contract is for 3 year and is renewable. is this sufficient?

I doubt it is permanent.

 

[Karim Saleh]

so, what they need to do to make it permanent, please?

 

[Regina]

http://www.canadavisa.com/canada-immigration-discussion-board/what-is-the-exact-definition-of-a-permanent-job-offer-t123339.0.html

 

[scylla]

I have just received an email from the client that the company was originally established on 2012 in South Africa. and the employer just moved to Canada this year, so they moved the company there. does this change anything regarding the job offer support for the Express Entry?

No - it doesn't change anything.

 

[Bs65]

No - it doesn't change anything.

Just for my clarification that for a temp foreign worker maybe the fact only been established in Canada for 4 months is fine but for an LMIA for a permanent role the company maybe need to be established in Canada for at least 12 months with accounts etc.. http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/overview.page

The web entries are not very precise given they mix PR with temp but for the OP I doubt that they could use at least initially the temp job as input to EE until established in Canada. I may be reading it all wrong of course but would seem strange could just setup a company in Canada and then in 4 months with no established Canadian business track record or accounts start dishing out LMIA supported job offers other than of a temp nature.

 

[Karim Saleh]

Yes, you are right. I contacted the employer and they will give me a temporary Visa and Temporary work permit.

so, my question is, when i work in Canada under temporary work permit. will this help me if any kind of immigration programs? i mean let us imagine that i finished one year of full-time work under a temporary work permit. will this qualify me to be a permanent resident (i have IELTS General 6.5, and 31 years old, 8 years experience, and BA degree that is assessed by World Education Services).

 

[Regina]

i mean let us imagine that i finished one year of full-time work under a temporary work permit. will this qualify me to be a permanent resident (i have IELTS General 6.5, and 31 years old, 8 years experience, and BA degree that is assessed by World Education Services).

Did you look at www.cic.gc.ca? Provincial and Express Entry.

 

[Karim Saleh]

The CIC is like an ocean of information

i found that the Canadian Experience Class needs one year of full time experience: cic.gc.ca/english/immigrate/cec/apply-who.asp

they say:
Minimum requirements

You must:

have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,
have gained your experience in Canada with the proper authorization,
meet the required language levels needed for your job for each language ability (speaking, reading, writing and listening),
plan to live outside the province of Quebec.


I did not reach for PN yet. do you Know anything other than the Canadian Experience?