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

[MONKUCHA]

If there is no LMIA or the employer does not qualify to participate in their provincial nominee program, the employer must advertise on Canada's national job bank and pursue recruitment activities designed to attract Canadian citizens or permanent residents to replace the existing employee in order to qualify for an LMIA. Employers will be required to justify why they have not hired Canadians to replace the incumbent. This applies to any foreign worker who wants to apply for permanent residence with the support of a federally approved offer of employment, including senior managers, executives and specialized knowledge workers now employed in Canada through LMIA-exempt programs.
For professionals and intra-company transferees who qualify to work in Canada without a LMIA under international trade agreements (i.e. NAFTA, Canada-Chile FTA), employers will now need to obtain an LMIA or a provincial nomination to attain some measure of certainty about eligibility for permanent residence status.
International students who have come to Canada for international study and offered assurances of an easy pathway to permanent residence will now have to obtain LMIAs or provincial nomination to compete for an ITA. This means that international graduates who are not provincially nominated will need to have their entry-level job offers vetted by ESDC to assess whether they are displacing Canadians. Employers of new graduates will have to demonstrate that they are prepared to pay international graduates above entry-level wages for the occupation and that their newly acquired skills are in demand in the Canadian labour market.


http://www.ht-llp.com/episode-4-express-entry-crucial-facts-for-canadian-employers-prospective-immigrants/


yes your employer can apply for LMIA

 

[exp7]

If there is no LMIA or the employer does not qualify to participate in their provincial nominee program, the employer must advertise on Canada's national job bank and pursue recruitment activities designed to attract Canadian citizens or permanent residents to replace the existing employee in order to qualify for an LMIA. Employers will be required to justify why they have not hired Canadians to replace the incumbent. This applies to any foreign worker who wants to apply for permanent residence with the support of a federally approved offer of employment, including senior managers, executives and specialized knowledge workers now employed in Canada through LMIA-exempt programs.
For professionals and intra-company transferees who qualify to work in Canada without a LMIA under international trade agreements (i.e. NAFTA, Canada-Chile FTA), employers will now need to obtain an LMIA or a provincial nomination to attain some measure of certainty about eligibility for permanent residence status.
International students who have come to Canada for international study and offered assurances of an easy pathway to permanent residence will now have to obtain LMIAs or provincial nomination to compete for an ITA. This means that international graduates who are not provincially nominated will need to have their entry-level job offers vetted by ESDC to assess whether they are displacing Canadians. Employers of new graduates will have to demonstrate that they are prepared to pay international graduates above entry-level wages for the occupation and that their newly acquired skills are in demand in the Canadian labour market.


http://www.ht-llp.com/episode-4-express-entry-crucial-facts-for-canadian-employers-prospective-immigrants/

Thank you MONKUCHA for your answer!

So?
According to your post my employer can apply for LMIA for the position that I am already working. Right?
Of course following all the right process of advertising etc......

 

[exp7]

According to this website
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml

On step 3 clearly states and implies that the worker may already working there.
If YES then
On step 4 they will determine his/her wage etc...


Am I wrong?


Step 3:
Determine if there are any workers currently employed in the same occupation and work location where the foreign worker will be employed.

If yes, proceed to step 4.
If no, proceed to the Prevailing Wage section.
Step 4:
Determine the wage range paid to the current employees working in the same occupation and work location where the foreign worker will be employed.

If the wage range paid to these workers is higher than the prevailing wage on Job Bank, employers must pay the foreign worker a wage that is above the prevailing wage and within the wage range.
If the wage paid to these workers is lower than the prevailing wage on Job Bank, proceed to the Prevailing Wage section.

 

[exp7]

Can someone clarify about the above question?
It is very important...please

 

[Sighman]

Can someone clarify about the above question?
It is very important...please

No they are talking about the median wage and wage determination for a new worker.

 

[Sighman]

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.

Yes it was in regard to a PR application. My employer can post a new job advert for 4 weeks on jobbank and 2 other places. then he could hire me for the new job. Although this process seems rediculous. (oh and the job must be posted for the entire PR process too.....and because I am in the country he would have to pay the $1000 fee)

 

[Sighman]

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

I qualify under FSW, I work in a restricted trade so have Canadian red seal..............however this doesn't help get more points i.e the magic extra 600 point to gaurantee selection

 

[Sighman]

I would really like someone who has gained an LMIA for their own job to say if the process worked or not. Lots of people are posting that they are looking to or thinking about, has anyone actually done it?

 

[evanstp9]

Read the following:

If recruiting from within Canada
If you have a positive Labour Market Impact Assessment for an employee holding a temporary work permit to whom you wish to extend a permanent job offer, the LMIA may still be valid under Express Entry. However, if the position or person was previously exempt from an LMIA, then a new LMIA will be required under Express Entry.


It is part of the link: http://www.cic.gc.ca/english/hire/offers.asp


Pretty clear, recruit from within Canada, previously LMIA exempt jobs (means they might currently work or not, doesn't matter), LMIA application has to be filled for EE and 600 points

 

[anwer]

I would really like someone who has gained an LMIA for their own job to say if the process worked or not. Lots of people are posting that they are looking to or thinking about, has anyone actually done it?

Hi. I'm in a pretty similar situation as yourself.

My employer has started the LMIA process. He has put up the necessary advertising for the position and we'll wait until the end of March (to complete the minimum 4 week requirement) to send the LMIA application to CIC.

By the way I have already been working in the position for the past 5 months.

 

[asdf-1234+]

Hi. I'm in a pretty similar situation as yourself.

My employer has started the LMIA process. He has put up the necessary advertising for the position and we'll wait until the end of March (to complete the minimum 4 week requirement) to send the LMIA application to CIC.

By the way I have already been working in the position for the past 5 months.

Keep us posted! I want my employer to do the same, but i'm kinda confused about it. We're already employed, and the employer is gonna post out jobs for our position? and then what? rehire us? :/

 

[exp7]

Keep us posted! I want my employer to do the same, but i'm kinda confused about it. We're already employed, and the employer is gonna post out jobs for our position? and then what? rehire us? :/

I do no think the employer will rehire you, but an LMIA will confirm that you are suitable for this position (and get 600 points for EE).
No lay off and rehire process will take place.
I understand what you mean, but it is a process must be done if you want 600 points.

 

[amira_mais]

My employer can post a new job advert for 4 weeks on jobbank and 2 other places. then he could hire me for the new job. Although this process seems rediculous. (oh and the job must be posted for the entire PR process too.....and because I am in the country he would have to pay the $1000 fee)

If you have enough validity on your open work permit to enter the pool, wait for an invitation to apply, PR visa to be processed and all that - then have your employer apply for the free LMIA. The only risk is that your OWP may expire before you get PR so you might have to stop working, but then you could apply for a bridging open work permit once you get acknowledgement of receipt.

 

[cecorpnp]

My employer has started my lmia process my four weeks of advertising ends 24th march
I am already working for this position for 15 months.
noc 0632

I would really like someone who has gained an LMIA for their own job to say if the process worked or not. Lots of people are posting that they are looking to or thinking about, has anyone actually done it?

 

[Sighman]

I am starting tho think that immigration policy now will pretty much be you won't be able to get PR without a PNP or LMIA.....LMIA being the preferred one as then they can always say 'immigrants did not take Canadians jobs' anyne have similar thoughts? I don't see there being a ITA round with people being selected without the 600 points.

in the CRS criteria it says:

A goal of Express Entry is to ensure strong links between economic immigration and the Canadian labour market. For that reason, qualified candidates who also have a job offer will get enough points to ensure they are ranked high enough to get an invitation to apply.

An employer will need to ensure the job offer is supported by a Labour Market Impact Assessment. This process ensures they have first tried to find Canadians to fill job openings.

Similarly, a nomination by a province or territory, will give a candidate additional points to rank high enough to be invited to apply at the next eligible round of invitaitons.

I read that as without one or the other you will not get an ITA.