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CIC might need to clear this confusion!!!

se7en

Hero Member
Apr 20, 2011
571
45
According to a note on http://www.cic.gc.ca/english/hire/offers.asp
CIC says, Most foreign workers can be recruited temporarily while we process their application for permanent residence. This would require a separate temporary work permit application and processing fee. Employers must also pay the regular LMIA processing fee.

What about foreign workers already working and are LMIA exempt.
If you refer the LMIA application from, there are two options, asking the employer :
http://www.servicecanada.gc.ca/eforms/forms/esdc-emp5593%282014-12-004%29e.pdf

Are you applying for an LMIA to support a foreign national's:

Option 1: permanent resident visa application (this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued). This option does not have a processing fee.

Option 2: work permit application and permanent resident visa application (this means you will hire the foreign national as a temporary foreign worker before or while their permanent residence application being processed). This option requires paying a processing fee.

Option 2 applies for those who are abroad and employer wants them ASAP but Option 1 is very confusing, does that mean the foreign national who are already working and were LMIA exempt before and now they should stop working before employer starts LMIA process and wait until it gets processed and then apply for PR wait 6 months and then start working?

Any thoughts?
 

namaste

Champion Member
Jan 5, 2013
1,959
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Visa Office......
CPC-Ottawa
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
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15-10-2014 (PER)
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se7en said:
You will fall into the first option since you would not need a temporary work permit to continue working in Canada (you are already authorized to do work in canada).

The second option applies only for people who cannot work in Canada without a LMIA-approved work permit (that would be people that aren't already working in Canada with an authorized permit). This is to help employers bring in their new hires to work for them ASAP even before the PR process is complete. So obviously, this does not apply to people that are already working for their LMIA-sponsoring employer.
 

se7en

Hero Member
Apr 20, 2011
571
45
namaste said:
You will fall into the first option since you would not need a temporary work permit to continue working in Canada (you are already authorized to do work in canada).

The second option applies only for people who cannot work in Canada without a LMIA-approved work permit (that would be people that aren't already working in Canada with an authorized permit). This is to help employers bring in their new hires to work for them ASAP even before the PR process is complete. So obviously, this does not apply to people that are already working for their LMIA-sponsoring employer.
If you re-read Option 1 specially the statement enclosed in brackets "(this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued)". What do you say? Does it make any sense?
 

manidhatt

Champion Member
May 30, 2013
1,257
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Ontario
NOC Code......
2281
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se7en said:
If you re-read Option 1 specially the statement enclosed in brackets "(this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued)". What do you say? Does it make any sense?
When I asked this question to CIC call agent, she replied "sir, that is a million dollar question." She couldn't provide me an answer even after consulting her seniors and putting me on hold for 30 mins. Then she said, you have to call esdc. Mind you the only contact us info on esdc website is service canada no. So i ended up calling service canada no. and they advised to ask this question to CIC. That was kinda annoying :mad:
 

se7en

Hero Member
Apr 20, 2011
571
45
manidhatt said:
When I asked this question to CIC call agent, she replied "sir, that is a million dollar question." She couldn't provide me an answer even after consulting her seniors and putting me on hold for 30 mins. Then she said, you have to call esdc. Mind you the only contact us info on esdc website is service canada no. So i ended up calling service canada no. and they advised to ask this question to CIC. That was kinda annoying :mad:
It needs to to be forwarded to proper CIC person or minister.
 

doubleym

Hero Member
Jan 6, 2015
426
16
se7en said:
If you re-read Option 1 specially the statement enclosed in brackets "(this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued)". What do you say? Does it make any sense?
If you're currently in Canada working on an Open Work Permit, and your employer wants to apply for a free 10-day LMIA to support your application with 600 points then you fall into the first option, ignore the text related to hiring someone after they have received PR, that's aimed at people applying outside Canada who don't have a work permit, basically explaining that this doesn't allow you to obtain a TWP for them while their application is in process.

Option 2 would be if you were outside the country and a company wanted to hire you straight away as a temporary worker and also provide you the 600 points, so you can submit your PR application and also work while it's in process.
 

good_choice

Member
Jan 31, 2015
19
1
This is why I have asked that we create a dummy email and twitter account in order to seek clarification from them. Probably, CIC is not aware of these things, and we might even be going about these things the wrong way, we might be over stressing this LMIA thingy.
 

doubleym

Hero Member
Jan 6, 2015
426
16
good_choice said:
This is why I have asked that we create a dummy email and twitter account in order to seek clarification from them. Probably, CIC is not aware of these things, and we might even be going about these things the wrong way, we might be over stressing this LMIA thingy.
Why would you need a dummy email and Twitter account? Just email or tweet them yourself, whether you'd get an informative reply, if any, is another story...
 

good_choice

Member
Jan 31, 2015
19
1
doubleym said:
Why would you need a dummy email and Twitter account? Just email or tweet them yourself, whether you'd get an informative reply, if any, is another story...
Oh I said that because some scary-cats in the forum felt they will be repercussions for sending such emails. Like being the fall guy if the email is sent. The point it this, its not a protest or challenging their rules. Its just a friendly, humble letter to clarify some of our doubts.
 

doubleym

Hero Member
Jan 6, 2015
426
16
good_choice said:
Oh I said that because some scary-cats in the forum felt they will be repercussions for sending such emails. Like being the fall guy if the email is sent. The point it this, its not a protest or challenging their rules. Its just a friendly, humble letter to clarify some of our doubts.
Do you really think that a PR application would be denied to someone because they asked for clarification on a particular aspect of a complex immigration system?

Imagine the media reaction to a story like that...
 
Aug 11, 2015
12
0
Quick Question.
This note "Most foreign workers can be recruited temporarily while we process their application for permanent residence.", does it imply that the temporary offer can be treated as a valid job offer for PR application ? I have LMIA and working as a TFW with the offer letter clearly mentioning the words "TEMPORARY".

Any help is greatly appreciated.