****************** URGENT HELP NEEDED: Applying for workvisa with LMIA exemption**************************

[Mr. Ax]

Dear seniors,

my work is related to defense industry and i was hired by a private defense company based in Ontario in Dec 2018 but they didn't want to sponsor my visa so I had to hire an immigration lawyer to get me a positive LMIA then later applied workpermit by end of 2019.

Unfortunately, because of the Covid it got delayed. Next, we heard from the case officer in April 2021 asking for a fresh valid offer later but by that time the company which offered me job said because of the Covid they couldn't do business and doesn't require my services now.

I kept following up and now they wanted to hire me again, like before I would be paying the lawyer for the expenses. The immigration lawyer is an IRCC registered lawyer and the lawyer is saying that she dont want to apply for LMIA again as it has a very long processing time, instead she wants to get LMIA exemption for me since my company has a defense contract with Ukraine and is actively supplying defense equipment so she will try to convince that my services are vital for this cause and get the approval without LMIA.

Please guide me if this can work? I already have previous workpermit rejection as explained earlier and a visit visa rejection. I don't want to waste more money and get 3rd rejection.

PS. I don't have any connection with Ukraine

 

[Mr. Ax]

Still waiting for the reply. Kindly comment on it

 

[scylla]

Still waiting for the reply. Kindly comment on it

See responses in your other thread. This is a complex question that is best answered by an immigration lawyer.

Everyone here is a normal person like you. We are not lawyers or experts. You should not be relying on those of us here to make this decision given the nature of your question and no one here can tell you the chances of approval. You need to make the decision yourself on whether you'll apply again or not.

 

[GandiBaat]

I kept following up and now they wanted to hire me again, like before I would be paying the lawyer for the expenses. The immigration lawyer is an IRCC registered lawyer and the lawyer is saying that she dont want to apply for LMIA again as it has a very long processing time, instead she wants to get LMIA exemption for me since my company has a defense contract with Ukraine and is actively supplying defense equipment so she will try to convince that my services are vital for this cause and get the approval without LMIA.

Please guide me if this can work? I already have previous workpermit rejection as explained earlier and a visit visa rejection. I don't want to waste more money and get 3rd rejection.

Few things:

1. Immigration lawyers are usually not related to IRCC but they are member of Canadian Bar AFAIK. Registered Consultants are registered with IRCC. Consultants are good at processes while lawyers are really good in representing you in court. That being said either could be great anywhere depending upon the person. You may have a RIC which is okay. RICs can be great as well.

2. It is WEIRD if an employer does not provide immigration support. It makes things really hard for perspective employee. It also makes everything look suspicious.

3. There are well defined LMIA exemption codes (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes.html). I do not know how your situation fits here and under what code. Which makes me wonder how good your consultant is. I am not sure under which code will they portray your situation.

4. Given you have already existing rejections, it may become hard.

So, get details from your lawyers / RCIC about which LMIA exemption code they are planning to use.

 

[Suhagh Boksh]

প্রিয়, আমি Suhagh Boksh আমি বসবাসকারী একজন বাংলাদেশী নাগরিক। বাংলাদেশ একটি কৃষিপ্রধান দেশ এবং কৃষি জাতীয় পরিবেশ। আমি কঠোর পরিশ্রম করি, আমি আমার সংবাদ মাধ্যমে একটি উন্নত জীবন গড়তে কানাডাকে বেছে নিয়েছি। আমি আমার কাজের প্রতি গভীর থাকবো। হ্যাঁ কানাডা যেতে আগ্রহী।

 

[Suhagh Boksh]

হ্যাঁ