Work Permit (LMIA Exemption) with Canadian Sole Proprietor

[Snake143]

Hi All,

I would like to ask a couple of specific questions in relation to the work permit application (exempted from LMIA):

1) On the Employer Portal, the Canadian Employer that wants to give me a job offer is a sole proprietor. Can he used the Employer Portal to submit a job offer as sole proprietor?

2) The role I am waiting for a job offer is Marketing Executive NOC 1123 (Classification NOC A) and the job is 100% commission based for the first 6 months. Would it be an issue if the Employer put it in the Employer Portal? Can I still apply for my work permit exempted of LMIA with a job being 100% commissioned based?

I appreciate your response.

 

[scylla]

Hi All,

I would like to ask a couple of specific questions in relation to the work permit application (exempted from LMIA):

1) On the Employer Portal, the Canadian Employer that wants to give me a job offer is a sole proprietor. Can he used the Employer Portal to submit a job offer as sole proprietor?

2) The role I am waiting for a job offer is Marketing Executive NOC 1123 (Classification NOC A) and the job is 100% commission based for the first 6 months. Would it be an issue if the Employer put it in the Employer Portal? Can I still apply for my work permit exempted of LMIA with a job being 100% commissioned based?

I appreciate your response.

I'm a bit confused about why you believe this work permit will be LMIA exempt. To be LMIA exempt, you would need to be the sole proprietor who is applying for the work permit. To be the sole proprietor - you must be the person who has sole or majority ownership in the company. If you are an employee of the sole proprietorship - that doesn't make you LMIA exempt.

 

[Snake143]

I'm a bit confused about why you believe this work permit will be LMIA exempt. To be LMIA exempt, you would need to be the sole proprietor who is applying for the work permit. To be the sole proprietor - you must be the person who has sole or majority ownership in the company. If you are an employee of the sole proprietorship - that doesn't make you LMIA exempt.

Apologies, I have not been clear in my previous message.

I am applying under the C16 exemptioEmpln (French Mobility Program).

The Canadian Employer that wish to submit the Job Offer on the Employment portal is a sole proprietor. He is not sure whether he can submit an application on the Employer Portal.

 

[scylla]

Apologies, I have not been clear in my previous message.

I am applying under the C16 exemptioEmpln (French Mobility Program).

The Canadian Employer that wish to submit the Job Offer on the Employment portal is a sole proprietor. He is not sure whether he can submit an application on the Employer Portal.

Ah - that makes sense now. Sorry - I don't know the answer.

 

[Snake143]

Ah - that makes sense now. Sorry - I don't know the answer.

I would like to submit a work permit application (IMM 1295) LMIA-exempt under the French Mobility Program (C16) as I fulfill all the requirements:
- I am a French citizen
- My employer would like to hire me as ''Marketing Executive'' NOC 1123 (NOC A)
- The position is based in Toronto (outside of Quebec)

I understand that the 1st step is for the Employer to submit a job Offer on the employer portal : https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/employer-portal.html
After paying the compliance fee (CAD 230) he will get a Job offer employment number which I will need for my work permit application.

My employer is not familiar with the process, hence he asked me to get information on the following:

1. My employer is a sole proprietor, hence I am not sure if he has a business number, IRCC number (or CRA number) which should be filled in the Employer Portal. Could you please confirm if a sole proprietor is entitled to submit a job offer on the Employment Portal? and what should he put as these numbers? (& any other documentation)
2.1 My employer would like to put a 100% commission based salary in the Employer Portal as my compensation (I am happy with that). Is that ok for my work permit application?
2.2 If 100% commission based doesn't work - can you confirm if I can get hired in with part-time position? What's the minimum work hours eligible while applying for this work permit?
3. My employer would like to put a start date for the job in the Employer Portal in 3 months time. If I apply for the work permit today and will I receive a Letter of Invitation much before my start date?
4. I have seen that I am eligible for a 2 weeks processing time: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/global-skills-strategy.html could you please confirm?


Many Thanks,