Unnamed LMIA, processing times and ways to remain in Canada.

[lfg2707]

Hello everyone,

I have a big consern about the following:

My employer started the process for an unnamed LMIA (I don't know why he did't put my name) on October 25th, 2023. He says that it's still in process. It's that normal that this king of LMIA takes that long?

In the case that he lied about that he asked for an LMIA, do I have the right to ask for an open work permit based on the thing that if he lied I lost money and I need to pay my rent and credit cards here? I have whatsapp and emails with all the employment offer details and stuff.

Another thing its, should I apply for an extension on my visitor status since it will end on February?

Thank you so much!

 

[Naturgrl]

Hello everyone,

I have a big consern about the following:

My employer started the process for an unnamed LMIA (I don't know why he did't put my name) on October 25th, 2023. He says that it's still in process. It's that normal that this king of LMIA takes that long?

In the case that he lied about that he asked for an LMIA, do I have the right to ask for an open work permit based on the thing that if he lied I lost money and I need to pay my rent and credit cards here? I have whatsapp and emails with all the employment offer details and stuff.

Another thing its, should I apply for an extension on my visitor status since it will end on February?

Thank you so much!

It can take many months for a LMIA. Some people wait 4-6 months. Seen that on this site depending on the NOC. You do not have a right to ask for an open work permit.

 

[lfg2707]

It can take many months for a LMIA. Some people wait 4-6 months. Seen that on this site depending on the NOC. You do not have a right to ask for an open work permit.

It's a low wage salary and NOC is 65102 Store Clerk, we are running out of founds, so we will have to leave I guess.

 

[Naturgrl]

It's a low wage salary and NOC is 65102 Store Clerk, we are running out of founds, so we will have to leave I guess.

So employer posted the job and no one applied? Employer paid $1k? Low wage procesing averages 60 calendar days so you are within the time period. And that is the average and can take much longer. You have no recourse as the employer doesn’t have to file for a LMIA. What is your status now? Were you on a PGWP? You still have to apply for a closed work permit even with a LMIA. That takes 4-5 months.

 

[Naturgrl]

The employer already payed and immigration advisor to apply for my LMIA. He said he applied for an unnamed because if I find another job in the meanwhile he doesn't want to lose money. He payed all the fees an stuff through the immigration advisor. I'm in Canada as a visitor. I need to apply then to a work permit I know that but if i dont have an LMIA it doesnt make me any sense to keep waiting and wasting my money here, no matter if the employer wants me.

Processing takes on average 60 business days so think you are within that timeframe because of the holidays. And that is the average. Most low wage LMIAs take many months. May not get a response until February or later. Assume you have the job experience. Depending on the job IELTS.

 

[Naturgrl]

Hopefully the salary is the median for the region. Since you entered as a visitor then you really are not eligible for an open work permit. You are a visitor to Canada. You don’t need to stay in Canada, and wait for a LMIA. You can apply outside Canada.

 

[scylla]

Ok perfect, there is another way I actually discussed with a friend.

He just registered her company here 1 week ago and he is willing to send me an offer of employement through the IRCC website for the Francophone Mobility program that it’s LMIA exempt. I have a certificate of French so I can apply for a work visa under the C16 Francophone Mobility LMIA except.

The question is, it’s it possible for him to file all the items in the offer of employement portal pay the employer fee of $230 and then give me the offer of employement number so I use it in my application? Thank you

If your friend only registered the company a week ago then IRCC may think your job offer is fraudulent and only for the purposes of extending your stay in Canada. You want to avoid a situation where IRCC thinks the job offer is fraudulent. How many employees does your friend's company have? Is the business already operational and generating income?

 

[Naturgrl]

Ok perfect, there is another way I actually discussed with a friend.

He just registered her company here 1 week ago and he is willing to send me an offer of employement through the IRCC website for the Francophone Mobility program that it’s LMIA exempt. I have a certificate of French so I can apply for a work visa under the C16 Francophone Mobility LMIA except.

The question is, it’s it possible for him to file all the items in the offer of employement portal pay the employer fee of $230 and then give me the offer of employement number so I use it in my application? Thank you

The company must be at least one year old and file taxes. They will provide their CRA T2 schedule and balance sheet/income statement to show their earnings. They must be registered federally/provincially. They will still show that they could not hire anyone in Canada, and the position could not be filled.

 

[Copingwithlife]

Ok perfect, there is another way I actually discussed with a friend.

He just registered her company here 1 week ago and he is willing to send me an offer of employement through the IRCC website for the Francophone Mobility program that it’s LMIA exempt. I have a certificate of French so I can apply for a work visa under the C16 Francophone Mobility LMIA except.

The question is, it’s it possible for him to file all the items in the offer of employement portal pay the employer fee of $230 and then give me the offer of employement number so I use it in my application? Thank you

If they only incorporated literally a week they’d have zero tax information showing it’s a viable company. Filing T2- corporation returns , GST returns showing revenue and more importantly showing a payroll account that they have other employees and that they been compliant in remitting all payroll taxes . It would be a huge red flag that this company miraculously needed to be incorporated last week and they needed only YOU to be there FIRST employee.
Sorry, doesn’t make sense .

https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html

The owner might want to take a gander at the link

 

[canuck78]

Hello everyone,

I have a big consern about the following:

My employer started the process for an unnamed LMIA (I don't know why he did't put my name) on October 25th, 2023. He says that it's still in process. It's that normal that this king of LMIA takes that long?

In the case that he lied about that he asked for an LMIA, do I have the right to ask for an open work permit based on the thing that if he lied I lost money and I need to pay my rent and credit cards here? I have whatsapp and emails with all the employment offer details and stuff.

Another thing its, should I apply for an extension on my visitor status since it will end on February?

Thank you so much!

What do you mean by you lost money? Do you mean you paid for the LMIA or that he isn’t paying you for the hours you work if you do work there? If you are a visitor how are you working?

It sounds like you may also have a fraudulent TEF. You are risking a 5 year ban if you use it if you don’t know French.