Reasons for LMIA

[Specterz]

Hi Everyone,

I'll be having a meeting with HR, explaining the need of LMIA.

Can you guys provide me some strong reasons, that why my employer should file LMIA for me?

Thanks,

 

[HAILMANU]

What points are you at without the LMIA? I guess the best argument would be to stress that without the LMIA it is possible that you will be unable to continue working in Canada. Hopefully they will look at the value you add to the company and decide to do it. Are you aware of the requirements? Your company will need to advertise your position for a minimum of 4 weeks, they will need to show that they've actively recruited for the position and have been unable to find a suitable candidate with PR/citizenship.

Also if they arent prepared to go the lMIA route for you than you could consider asking them to do PNP, unlike LMIA this option doesn't cost them anything and the requirements are less stringent - although the downside to PNP is it takes a lot longer, about 6 months - I know because I am going PNP route!

 

[mf4361]

"If you don't get LMIA for me, I might not be able to get invitation to apply PR, meaning I might be forced to quit and get send back home when time runs out" That's the reason.

I, too, think it's more a flavor you ask to your employer since the process of LMIA is very involved, including adverts and paperworks they'd have to go through, and your manager will be questioned quite intensely on why no other Canadians are available.

Even if you are the best candidate of your job doesn't mean LMIA will be approved. As long as there is 1 Canadian who qualify the basic requirement, LMIA is most likely be rejected (Even your manager thinks you are better than him/her).

That's why LMIA is such a difficult route.

The LMIA for PR purposes only is free, and that for Temp work permits has $1000 fee.

 

[valar morghulis]

"If you don't get LMIA for me, I might not be able to get invitation to apply PR, meaning I might be forced to quit and get send back home when time runs out" That's the reason.

I, too, think it's more a flavor you ask to your employer since the process of LMIA is very involved, including adverts and paperworks they'd have to go through, and your manager will be questioned quite intensely on why no other Canadians are available.

Even if you are the best candidate of your job doesn't mean LMIA will be approved. As long as there is 1 Canadian who qualify the basic requirement, LMIA is most likely be rejected (Even your manager thinks you are better than him/her).

That's why LMIA is such a difficult route.

The LMIA for PR purposes only is free, and that for Temp work permits has $1000 fee.

LMIA for PR purposes will be processed in 10 days? But then employee can only start the employment when they receive Permanent Residency. Correct?

The other way, LMIA application processing takes about 4/5 months (depends)? Please correct me if I am wrong.

 

[Specterz]

LMIA for PR purposes will be processed in 10 days? But then employee can only start the employment when they receive Permanent Residency. Correct?

The other way, LMIA application processing takes about 4/5 months (depends)? Please correct me if I am wrong.

Hey valar morghulis,

LMIA will be processed within 10 business days, for only certain occupations (mostly oil and gas industry), high paying jobs (more than ~$38/hr), or the job is for less than 4 months.

More information about LMIA can be found on the following websites:

http://www.canadavisa.com/labour-market-impact-assessments.html

http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml

 

[mf4361]

LMIA for PR purposes will be processed in 10 days? But then employee can only start the employment when they receive Permanent Residency. Correct?

The other way, LMIA application processing takes about 4/5 months (depends)? Please correct me if I am wrong.

I only said it's free, i didn't say it will be done in 10 days.

As @Specterz mentioned, 10 days LMIA is only for highest priority like short term/seasonal jobs, and high demand/high paying jobs

Depending situations, LMIA could be processed in 1-4 months time. And rejection rate has been somewhere around 70-80% historically. (According to a consultant I know personally)

 

[quarko]

The LMIA for PR purposes only is free, and that for Temp work permits has $1000 fee.

Em, it is? Is it free for employer, employee or both? Does employer merely mention in their LMIA application that employee would like to use it for PR, and then he does not have to pay anything? Or am I totally misunderstanding your sentence?

 

[Pippin]

If employee is not going to work until he/she has PR then there is no $1000 charge. If the employer wants the employee to start working prior to that, the Employee has to get a work permit and the LMIA costs the EMPLOYER $1000.

 

[Specterz]

If employee is not going to work until he/she has PR then there is no $1000 charge. If the employer wants the employee to start working prior to that, the Employee has to get a work permit and the LMIA costs the EMPLOYER $1000.

In my case, I already working for employer under PGWP.

Then, which category my employer should go to, Dual Intent LMIA ($1000) or LMIA for PR Purpose (Free) ??

 

[mf4361]

Em, it is? Is it free for employer, employee or both? Does employer merely mention in their LMIA application that employee would like to use it for PR, and then he does not have to pay anything? Or am I totally misunderstanding your sentence?

LMIA fees shall never be pass along to the employees. It's always a cost only to the employer (if any)

IIRC, there is an check box option on the LMIA application form saying LMIA for PR and for TWP.

If you already have a work permit and is working, there is no point for dual intent LMIA, just do PR only.

 

[yepyep]

LMIA for employers, from outside of Canada I need one of the free PR ones no matter what? Or of my employer currently has some temp worker LMIAs in process is it possible for that to be used?

 

[kuljit]

hi there
I have question to ask..
My brother is working as retail supervisor from last 1/1/2 year.his AINP gets deinied.AINP people said u can explore your oppurtunity with express entry.
to apply for express entry we need a LMIA,so do u think alberta is approving LMIA pretty much?
i am just worried for him.

 

[Pippin]

LMIA approval depends on proving there are no local employees suitable for position. It is hard for anyone on for to guess about approval, but you can look at the nber of people who have checked out a job listed on job bank and that will give you a rough idea of the interest generated by the position. The employer has to advertise so there is always a chance that a local could apply and have to be hired. If he has worked for 1.5 yrs he can apply under CEC and doesn't require LMIA if he has enough points to get an Invitation.

 

[mf4361]

Technically even a local applied the job and qualifies basic requirement, the business doesn't have to hire him/her. But Service Canada will know that, and LMIA is unlikely to be approved and all that effort will be in vain.

 

[Pippin]

Yes you are absolutely correct.