Few questions regarding LMIA

[andy pitcher]

Hello experts,

Please help.

I studied on 1y college program in Toronto. After its completion I got a PGWP for 1y 6m, have no idea why this time span. Struggled to find any distant job and eventually landed 3 self-employed contracts. Well, all of them worth nothing in regards to "Canadian experience".

My current employer (one among these 3 contracts) is willing to apply for LMIA so I can apply for work permit. I went to a lawyer to discuss it and choose the right path. I was told that in my field (web dev) the average salary per year equals $60k which is kind of insane but we leave it for now.

Q1: Does the employer need to demonstrate $60k readily available funds prior or during LMIA process? The company does not generate any income yet, investments only.
Q2: I know that I am eligible for implied status while LMIA case is in process. Can I continue to work when I am on implied status?
Q3: Lets say my PGWP ends in July, does my employer need to apply for LMIA right now or we can postpone it till May or June?

Thank you in advance anyone who will spend time asking my questions.

 

[scylla]

You've misunderstood how implied status works. You will not be on implied status while the LMIA is being processed. You will only be on implied status if you submit an application to extend/renew your work permit before your current work permit expires.

You should really have an approved LMIA before you submit the application to extend/renew your work permit.

 

[andy pitcher]

Can I apply for any bridge permit after my employer will have LMIA case number and my current permit expires? Do I have to leave Canada in this case and wait for LMIA success/failure?

Just found this cic.gc.ca/english/helpcentre/answer.asp?q=701&t=17
Seems like I can apply for "something" but it is not clear what exactly

 

[irishIan]

Can I apply for any bridge permit after my employer will have LMIA case number and my current permit expires? Do I have to leave Canada in this case and wait for LMIA success/failure?

Bridging visa only pertains to when you're applying for permanent residency and your work permit is almost expired. If you have no work permit then your prospective employer needs permission from HRSDC in the form of a positive LMIA before you can apply for a work permit. The LMIA can take anywhere from 2-6+ months! Then your application for work permit another 1-2 months online, 3+ months paper.

Ask your employer to get a consultant involved as the new LMIA is very complicated and designed to deter 70% of people actually getting them.

You are better off applying for work permit 2 days before it expires by SNAIL MAIL which will give you just over 2 months of 'implied status'. But you need to submit a letter stating that you have applied for the LMIA.

Remember, your boss needs to advertise for that position for 1 month and keep the ad in place for the duration of the whole process.

So get your boss moving on LMIA ASAP then submit you work permit extension at the very last moment.

 

[andy pitcher]

irishIan thanks a lot!
We already involved a lawyer in the process. I am likely looking at 5 months (4m LMIA + 1m wp) to 7+ months.

Yeah I understood the complexity behind LMIA when I talked to the lawyer. I don't think that ads is a problem, the company is advertising this position since Sept for sure, they are constantly looking for new people but it's hard to find anyone who can pick up our technology.

Anyone knowledgeable about funds/financial records required for LMIA, please?

 

[irishIan]

irishIan thanks a lot!
We already involved a lawyer in the process. I am likely looking at 5 months (4m LMIA + 1m wp) to 7+ months.

Yeah I understood the complexity behind LMIA when I talked to the lawyer. I don't think that ads is a problem, the company is advertising this position since Sept for sure, they are constantly looking for new people but it's hard to find anyone who can pick up our technology.

Anyone knowledgeable about funds/financial records required for LMIA, please?

You dont need to actually do anything for the LMIA. Your boss will have to do a bunch of stuff like come up with a plan to eventually hire canadians for your position...but its all bull.
Since you have a lawyer just sit back and relax...just keep tabs on it with your employer.

Im sitting at almost 3 months waiting for my LMIA and according to work its 'moving along in the process'

Best of luck and you should apply for the Express Entry as soon as you get the LMIA...its worth 600 points!

 

[andy pitcher]

irishIan I hope you get yours approved soon.

Does anybody now for how long can I stay on implied status? CIC website says about 2 months but in several threads here I read that people worked for 4-5 months on implied status.

 

[irishIan]

irishIan I hope you get yours approved soon.

Does anybody now for how long can I stay on implied status? CIC website says about 2 months but in several threads here I read that people worked for 4-5 months on implied status.

I was on implied status for 9 weeks until i got the letter that i was out of status. When is your permit expiring? You should apply for Express Entry PR with the LMIA if you get it also as I'm hoping to do.

 

[andy pitcher]

What did you do after you received that letter? Did you convert to a visitor status while waiting for LMIA decision?

My PGWP expires early June but my employer will be able to apply for LMIA only in May. I doubt that I am eligible for PR as I do not have a valid work experience yet.

 

[irishIan]

Well, im going to wait almost 90 days to see if the LMIA comes through and if it comes through in time ill apply for work permit and restoration at the same time.
Im out of status at the moment so just waiting.

Why will your employer have to wait until May? Make sure they have the 3 adverts running a month before they apply. If you apply for work permit 1 or 2 days before it expires you will have another 8-10 weeks on implied status so save up for the down time.

 

[andy pitcher]

So when my implied status expires I get another 3 months w/o status. I presume I cannot work during that 3 month time.

Well, not every company can afford to pay "above the median wage". Yeah, their ads are up since summer 2014 except for Job Bank which is sad because it will add another month to waiting period.

 

[irishIan]

So when my implied status expires I get another 3 months w/o status. I presume I cannot work during that 3 month time.

Well, not every company can afford to pay "above the median wage". Yeah, their ads are up since summer 2014 except for Job Bank which is sad because it will add another month to waiting period.

Yes Job bank is the main one here so getting this ad up asap is paramount. Yes you will get 3 months to apply to restore your status either as a visitor or if you get the LMIA in time as a worker. Its all about maximizing your time really.