Applying for LMIA for your own job......

[Sighman]

My employer called ESDC today and was told the following:

Even if <my employer> applied, you would not be eligible for this program because you were hired prior to an application from <my employer>. The rules changed in December 2014 and they don't allow going back. The hiring process must take place after the application has been approved. The ad has to run for 4 weeks; the company has to provide the number of people that have applied and prove that the employer is not screening out Canadians.

So seeing that I reside in Alberta (and have for 18 months in same job) and Alberta doesn't do PNP for EE and I am not allowed to apply for an LMIA how would i ever be selected?
I am in NOC code B, skilled trade and had my CEC application returned like lots of others......Currently have a open work permit.

Is the above correct???

Feeling totally rejected by Canada :'(

 

[SMCANADAVISA]

My employer called ESDC today and was told the following:

Even if <my employer> applied, you would not be eligible for this program because you were hired prior to an application from <my employer>. The rules changed in December 2014 and they don't allow going back. The hiring process must take place after the application has been approved. The ad has to run for 4 weeks; the company has to provide the number of people that have applied and prove that the employer is not screening out Canadians.

So seeing that I reside in Alberta (and have for 18 months in same job) and Alberta doesn't do PNP for EE and I am not allowed to apply for an LMIA how would i ever be selected?
I am in NOC code B, skilled trade and had my CEC application returned like lots of others......Currently have a open work permit.

Is the above correct???

Feeling totally rejected by Canada :'(

Yes what you wrote about LMIA is absolutely correct. You need to find a new job with LMIA. But wondering why your employer would not sponsor you for PNP?

 

[Sighman]

Employer drive stream in Alberta has a processing time of 25+months............and they only issue 5500 PNP per year.

 

[Kiwisteph]

Are you eligible for the Skilled Trade Program ? I know one option is having a LMIA with a one year job offer but the other is holding a Canadian certificate of qualification.

Perhaps you have enough experience In your Noc and can do the exam to enter express entry pool under this program

 

[amira_mais]

Even if <my employer> applied, you would not be eligible for this program because you were hired prior to an application from <my employer>. The rules changed in December 2014 and they don't allow going back. The hiring process must take place after the application has been approved. The ad has to run for 4 weeks; the company has to provide the number of people that have applied and prove that the employer is not screening out Canadians.

Can you elaborate a bit on this? Your employer was told he/she can't apply for an LMIA because you're already an employee? If that's what was said, it's untrue.

 

[asdf-1234+]

Can you elaborate a bit on this? Your employer was told he/she can't apply for an LMIA because you're already an employee? If that's what was said, it's untrue.

Why would it be untrue???

and if it is true, I along with plenty of other people, are in deeep craaaap. I'm an employee and I do not have LMIA, and I want to apply for one too. I'm in ONT, and PNP for EE isn't available yet either! :O

 

[amira_mais]

Why would it be untrue???

and if it is true, I along with plenty of other people, are in deeep craaaap. I'm an employee and I do not have LMIA, and I want to apply for one too. I'm in ONT, and PNP for EE isn't available yet either! :O

Dozens of people on this board alone have spoken of applying for LMIAs for positions where they're the incumbents. My guess is the employer misunderstood what he/she was told or the person he/she spoke to was very misinformed.

 

[Mack23]

Wow,

I was going to say that your employer could apply for a supporting LMIA and i was going to post a link. I just checked the website again and they have amended it. Look

Note:

The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa.
The LMIA processing fee does not apply to higher-skilled positions related to on-farm primary agriculture such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256).
Date modified:2015-01-02

Now the first line is missing,

Note:
The LMIA processing fee does not apply to higher-skilled positions related to on-farm primary agriculture such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256).
Date modified:2015-01-15

You can see it was only just changed this year. They have no clue what they are doing.

 

[SMCANADAVISA]

Employer drive stream in Alberta has a processing time of 25+months............and they only issue 5500 PNP per year.

Yes you are right and that's why my employer's attorney suggested last year that I should not apply for PNP. They directly applied for EE this year. Even my application for CEC last year was returned as it reached a cap. This is only because Alberta has so much of rush.

Now coming to your situation, CIC wanted to filter out those TFWs especially on intra company transfer who did not require an LMIA to land in Canada. Thousands of my colleagues who came to Calgary for projects managed their managers to live more than 12 months, applied for PR on 13th month, received PR in next 12-14 months and then threatened their employers of quitting once they were told to go back to home country. This situation particularly prevails in IT. In order to plug this CIC decided to prioritize on LMIA based job offers where it is proven that the employer could not find a Canadian hence need a TFW. If you are already working your employer can no longer start the LMIA process on the job you hold. If you are in good terms with your employer ask him if he can initiate a LMIA now for a position same as yours. Then terminate your contract and get you onboarded through that LMIA based position. If that does not work try to move to Manitoba if possible at all where the government is looking for people. and because you already have Canadian work experience they would take you in. Alberta is saturated and slowing down. PNP, EE would be much faster in Manitoba because they need people.

 

[asdf-1234+]

Wow,

I was going to say that your employer could apply for a supporting LMIA and i was going to post a link. I just checked the website again and they have amended it. Look

Note:

The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa.
The LMIA processing fee does not apply to higher-skilled positions related to on-farm primary agriculture such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256).
Date modified:2015-01-02

Now the first line is missing,

Note:
The LMIA processing fee does not apply to higher-skilled positions related to on-farm primary agriculture such as farm managers/supervisors and specialized livestock workers (specifically National Occupational Classification (NOC) codes 8251, 8252, 8253, 8254 and 8256).
Date modified:2015-01-15

You can see it was only just changed this year. They have no clue what they are doing.

I checked and it's still there.

"The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa."

 

[moonpalace]

This clearly states that existing employers can apply for an LMIA.


http://www.vancouversun.com/business/Opinion+immigration+rules+threaten+Canada+competitiveness/10858777/story.html#ixzz3TOQj4de5.

 

[exp7]

Can someone post an official link which states that employers cannot apply for LMIA for existing employee please?

 

[SMCANADAVISA]

This clearly states that existing employers can apply for an LMIA.


http://www.vancouversun.com/business/Opinion+immigration+rules+threaten+Canada+competitiveness/10858777/story.html#ixzz3TOQj4de5.

Yes employers can apply for LMIA only for positions that are not occupied. LMIA is the first step where the employer tells Services Canada that no Canadian is available to fill the position hence he is looking for a TFW. Singhman is already employed in a position for which no LMIA was issued. And the employer cannot now ask Services Canada to issue LMIA for which offer has been rolled out many months ago.

 

[exp7]

If I am already working in a position X, can my employer apply for LMIA for this position (X) where I am already working?

 

[SMCANADAVISA]

If I am already working in a position X, can my employer apply for LMIA for this position (X) where I am already working?

No your employer cannot apply for position X . LMIA is applied for positions for which employer is looking for people to fill up. and in this case you already occupy position X.