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Applying for EE while currently working in Canada on a Work Permit under NAFTA

Ramlaz

Newbie
Mar 22, 2015
9
0
My husband is a Senior Accountant working on a work permit with a company here since Aug 2013. He is a U.S citizen and therefore the work permit was received under NAFTA. I am here as well working under an open work permit that i received through him. Our EE profile is giving us a score of 256. His ECA is under process and I am going to give me CELPIP soon to increase our score. Our lawyer is telling us to get an LMIA. But wont we be LMIA-exempt as our work permit was received under NAFTA? Should we not still get some sort of points for that? Or do we need to get a document that says we are LMIA-exempt and that will give us more points? Any information in this regard will be really helpful as there's not much clarity for how the EE works for workers in Canada under NAFTA. Thank you.
 

scylla

VIP Member
Jun 8, 2010
93,418
20,758
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He needs an approved LMIA if he wants the extra 600 points for having a permanent job offer in Canada. No points otherwise. It doesn't matter that he's LMIA exempt.
 

gecordon

Star Member
Mar 7, 2015
74
0
Ramlaz said:
My husband is a Senior Accountant working on a work permit with a company here since Aug 2013. He is a U.S citizen and therefore the work permit was received under NAFTA. I am here as well working under an open work permit that i received through him. Our EE profile is giving us a score of 256. His ECA is under process and I am going to give me CELPIP soon to increase our score. Our lawyer is telling us to get an LMIA. But wont we be LMIA-exempt as our work permit was received under NAFTA? Should we not still get some sort of points for that? Or do we need to get a document that says we are LMIA-exempt and that will give us more points? Any information in this regard will be really helpful as there's not much clarity for how the EE works for workers in Canada under NAFTA. Thank you.
0 points without LMIA
600 points with LMIA, no exceptions
 

AshesNdust

Hero Member
Jan 4, 2015
663
335
Ramlaz said:
My husband is a Senior Accountant working on a work permit with a company here since Aug 2013. He is a U.S citizen and therefore the work permit was received under NAFTA. I am here as well working under an open work permit that i received through him. Our EE profile is giving us a score of 256. His ECA is under process and I am going to give me CELPIP soon to increase our score. Our lawyer is telling us to get an LMIA. But wont we be LMIA-exempt as our work permit was received under NAFTA? Should we not still get some sort of points for that? Or do we need to get a document that says we are LMIA-exempt and that will give us more points? Any information in this regard will be really helpful as there's not much clarity for how the EE works for workers in Canada under NAFTA. Thank you.
I just went through this. I have a permit through NAFTA, but had to get the LMIA anyway. After I got the LMIA, I filled out the EE profile as no LMIA on current permit, but LMIA on job offer. I was then awarded the 600 points. My HR manager has submitted for a new permit online with the LMIA, but I don't appear to need it to get the points.
There isn't any kind of document to get extra points with just NAFTA.
 

Ramlaz

Newbie
Mar 22, 2015
9
0
AshesNdust said:
I just went through this. I have a permit through NAFTA, but had to get the LMIA anyway. After I got the LMIA, I filled out the EE profile as no LMIA on current permit, but LMIA on job offer. I was then awarded the 600 points. My HR manager has submitted for a new permit online with the LMIA, but I don't appear to need it to get the points.
There isn't any kind of document to get extra points with just NAFTA.
How easy was it for you to get an LMIA?
 

mikek27

Hero Member
Oct 15, 2014
346
26
AshesNdust said:
I just went through this. I have a permit through NAFTA, but had to get the LMIA anyway. After I got the LMIA, I filled out the EE profile as no LMIA on current permit, but LMIA on job offer. I was then awarded the 600 points. My HR manager has submitted for a new permit online with the LMIA, but I don't appear to need it to get the points.
There isn't any kind of document to get extra points with just NAFTA.
Which NOC did you get the LMIA for and where ? How easy was it and did your HR have to actually interview a bunch of people and then document all of their names and say why they were rejected ????
 

AshesNdust

Hero Member
Jan 4, 2015
663
335
From my perspective, it was fairly easy as my company did all the work. All I had to do was contact HR, explain to them why I needed the LMIA, and they did the rest. It probably helped that I mentioned that without it, not onlywould it be harder for me to get the ITA, but I would be required to enter the job bank and therefore would be open to receiving other offers from other companies who might get one for me. :)
I got one under NOC B5241. Where? Not sure I understand the question, but the job is in BC. I don't know which office HR sent the LMIA application.
I'm not 100% sure what my company had to do. I do know I qualified for high-wage and skill LMIA and most companies in my field are constantly looking for people with 15+ years experience because there aren't a ton of them in Canada. So, I wouldn't be surprised if they could only find 2 or 3 other candidates to even interview. Anyone else probably wouldn't have the same amount of experience I have or the skills. I'm just very lucky to be in Canada at this point in time as I'm sure things will change in the future as local talent gets more experience.
I don't think the LMIA application is particularly hard for most HR people to fill out as my company was able to get it done within a few days. Also, they already had all of my paperwork to get me my packet for the work permit. So, I'm pretty sure they just had to contact their lawyers and get the ball rolling.
 

dobes

Champion Member
Nov 23, 2014
1,177
95
Category........
NOC Code......
1123
Job Offer........
Pre-Assessed..
I am also American, in Canada on an open work permit, because my European partner is a grad student in Canada.

An LMIA is, of course, the fastest path to an ITA. But most requests for LMIAs are rejected - I've heard as much as 80% - so you have to be careful. The LMIA is basically an assessment, after your employer advertises your job and interviews people who already have status in Canada, that a Canadian who can perform your job, or be trained to perform it, can't be found. Obviously, this is a much easier task in very technical occupations, or in geographically outlying places. With a job like mine (literary agent in Toronto) there are, of course, many Canadians who would want my job and who could be trained to do it. I was hired because of my very specific background in the arts, business, and journalism, and because I can work in Los Angeles as well as Toronto, but my employer would be hard pressed to explain why there was absolutely no Canadian who could do the same.

The first immigration lawyer I saw also recommended applying for an LMIA, but the second, more honest, one told me my chances of getting it approved were next to nothing, and I shouldn't waste my money or put my job in jeopardy. Remember that you pay the lawyer to do the work - but if you are rejected only you pay the consequences!

I applied for CEC last November, but was too late - the cap had been reached and my application was returned. In February, I posted my EE profile, with 466 points (no LMIA!), and on March 27, I got an ITA in the FSW class, which is fine with me.

My point is that having an LMIA virtually assures an invitation to apply, but if you are in a job that will probably be turned down, get your credentials and English proficiency evaluated, post your score, and wait. You'll probably score high enough to be selected anyway.
 

mikek27

Hero Member
Oct 15, 2014
346
26
dobes said:
I am also American, in Canada on an open work permit, because my European partner is a grad student in Canada.

An LMIA is, of course, the fastest path to an ITA. But most requests for LMIAs are rejected - I've heard as much as 80% - so you have to be careful. The LMIA is basically an assessment, after your employer advertises your job and interviews people who already have status in Canada, that a Canadian who can perform your job, or be trained to perform it, can't be found. Obviously, this is a much easier task in very technical occupations, or in geographically outlying places. With a job like mine (literary agent in Toronto) there are, of course, many Canadians who would want my job and who could be trained to do it. I was hired because of my very specific background in the arts, business, and journalism, and because I can work in Los Angeles as well as Toronto, but my employer would be hard pressed to explain why there was absolutely no Canadian who could do the same.

The first immigration lawyer I saw also recommended applying for an LMIA, but the second, more honest, one told me my chances of getting it approved were next to nothing, and I shouldn't waste my money or put my job in jeopardy. Remember that you pay the lawyer to do the work - but if you are rejected only you pay the consequences!

I applied for CEC last November, but was too late - the cap had been reached and my application was returned. In February, I posted my EE profile, with 466 points (no LMIA!), and on March 27, I got an ITA in the FSW class, which is fine with me.

My point is that having an LMIA virtually assures an invitation to apply, but if you are in a job that will probably be turned down, get your credentials and English proficiency evaluated, post your score, and wait. You'll probably score high enough to be selected anyway.
I'm in NOC 2175 ...I'm not even sure of what chances that NOC has in getting LMIA.

I have an English IELTS test scheduled for 9th May ...Really have to get CLB9 at the very least to get 404 points , if I get more in the test then I can get up to 416.
I will be eligible under FSW only, since my open work permit is for 1 year (arrived Jan 2015 , got a job mid Feb , visa expires Jan 2016).

I just honestly hope the EE points will go down to 400.

Was the IELTS test difficult ? Did you get CLB10 ?
 

dobes

Champion Member
Nov 23, 2014
1,177
95
Category........
NOC Code......
1123
Job Offer........
Pre-Assessed..
English is my native and only language, and both my partner and I actually TAUGHT the IELTS as ESL teachers in Europe, so yes, it was easy for us, and we both scored 9 on all sections. I don't know what that is in CLB, but we got maximum points for first official language.
 

mikek27

Hero Member
Oct 15, 2014
346
26
dobes said:
English is my native and only language, and both my partner and I actually TAUGHT the IELTS as ESL teachers in Europe, so yes, it was easy for us, and we both scored 9 on all sections. I don't know what that is in CLB, but we got maximum points for first official language.
Could you give me any advice for the test ? THe standards are the same wherever you sit the test right ?

I've been looking at the examples on the IELTS and the British Council website, would that be enough ?

As for the writing, you only have to write a 250 word essay within 1 hour right ? To get the max score on that, do you have to be 100% accurate on the grammar ?

Which part do most people struggle in or usually get the lowest score in ?

My weakness will probably in speaking. I speak English as my 1st language but when told to speak for 2 minutes without feedback, nonstop and on a random topic given to me on-the-spot, I sometimes struggle to come up with the words/sentences. Are you allowed to bull**** ?
 

AshesNdust

Hero Member
Jan 4, 2015
663
335
mikek27 said:
Could you give me any advice for the test ? THe standards are the same wherever you sit the test right ?

I've been looking at the examples on the IELTS and the British Council website, would that be enough ?

As for the writing, you only have to write a 250 word essay within 1 hour right ? To get the max score on that, do you have to be 100% accurate on the grammar ?

Which part do most people struggle in or usually get the lowest score in ?

My weakness will probably in speaking. I speak English as my 1st language but when told to speak for 2 minutes without feedback, nonstop and on a random topic given to me on-the-spot, I sometimes struggle to come up with the words/sentences. Are you allowed to bull**** ?
I was in the same boat as you and I did rather well, all 9s except an 8 in writing which was my own fault. The examples on the website was enough for me. Everyone I know had the hardest time in the written.
For the writing, you have two things you need to write. One is usually something informal, like a letter to a friend and the other in an essay form. Huge piece of advice on that is that structure of the essay counts for a lot. What they are looking for is an opening statment, several paragraphs in support of your statement, and a concluding paragraph. Spelling and grammar count. Try not to use the same words over and over again. So, if you start a sentence with, "The book" don't keep saying "the book" over and over again. Also, don't do want I did and start doing an outline and rough draft like you would doing a college paper. You'll waste a ton of time. Just do a quick outline to make sure you structure things correctly and then just start writing. I lost about 15 minutes doing a rough draft and had to race through my second writing assignment. If I didn't do that, I would have most likely gotten a 9. I know I would have have caught some mistakes if I had more time to look things over.
If you have issue speaking on the spot definitely take the IELTS and not the CELPIP on the computer. When you do the IELTS, you'll do your speaking with a person and they'll ask you question about subjects and you just answer them. There's no right or wrong answers, they just have to make sense and show that you understand questions and can respond in a rational manner. For example, I was asked if I prefer electronic maps or paper ones. I said it depends on the circumstances and that while electronic ones are more detailed, I like writing notes on the paper maps. Another question was do I prefer shopping in a big super market or farmer's markets and why. I said farmer's because I like talking to the growers and asking them questions about the products and the best way to cook with them as well as have local and fresh produce to buy. So, nothing really hard and you can't really answer incorrectly. It's almost like having a conversation.
Basically, don't over think things and you'll be fine. Do a quick read of the questions before the speaking when they give a minute to do so and answer the questions as you go.