Helping a friend escape domestic violence

[natashap411]

The occupations you have listed are generally not LMIA exempt.

Which exact LMIA exempt category do you think she qualifies under?

This is where I keep getting confused with all the information out there. Sometimes it seems like she could qualify for a food worker, maintenance, or construction job that have NOC codes, under NATFA or CUSMA.

I also have family members that own a used car sales and auto repair business that need a maintenance person, but I am not clear on whether they could qualify to offer her a LMIA exempt job. They have not hired foreign workers before, and they bought the business in 2018, though it has been open and operating for more than several decades. They might even need a grant to be able to do, so which complicates things futher.

 

[natashap411]

- Under which LMIA exempt category? Based on the information you've provided, the jobs she would be looking for are not LMIA exempt. Does she speak / read French fluently?
- If she wants to go the study permit route, she will need to be able to fund everything herself unless she is studying at the Master's or PhD level. In that case some funding might be available. She'll need to have a bank balance of $30K+ to go the study permit route if she is studying below the Master's level.

Maybe I am confusing LMIA and NOC jobs. I was trying to figure out if she could get a closed or open work permit through a company based on her jobs included in the NOC list.

No, she has no funds, due to financial abuse.

 

[natashap411]

No french, some spanish.

 

[scylla]

This is where I keep getting confused with all the information out there. Sometimes it seems like she could qualify for a food worker, maintenance, or construction job that have NOC codes, under NATFA or CUSMA.

I also have family members that own a used car sales and auto repair business that need a maintenance person, but I am not clear on whether they could qualify to offer her a LMIA exempt job. They have not hired foreign workers before, and they bought the business in 2018, though it has been open and operating for more than several decades. They might even need a grant to be able to do, so which complicates things futher.

For CUSMA, she needs to have a job offer for an occupation that falls on the CUSMA list. You can see that here: https://www.canadavisa.com/nafta-professionals.html

Car sale is not an LMIA exempt occupation. They would need to get an approved LMIA.

 

[natashap411]

The occupations you have listed are generally not LMIA exempt.

Which exact LMIA exempt category do you think she qualifies under?

Perhaps I am confusing LMIA and NOC codes. There are at least 3 positions she qualifies for that have NOC codes. Maintenance, food work, and construction help. They are all LEER 3. I thought I had read that to qualify for a LMIA exemption, the job has to be on the NOC code list, but I missed the part where it says that you have had to have been working for the company for at least a year already. If I interpreted that correctly

 

[natashap411]

For CUSMA, she needs to have a job offer for an occupation that falls on the CUSMA list. You can see that here: https://www.canadavisa.com/nafta-professionals.html

Car sale is not an LMIA exempt occupation. They would need to get an approved LMIA.

They wouldn't be hiring her for car sales. They would be hiring a general building maintenance person for off hours. They could also hire a car detailer, but I don't think that is a NOC job.

 

[scylla]

They wouldn't be hiring her for car sales. They would be hiring a general building maintenance person for off hours. They could also hire a car detailer, but I don't think that is a NOC job.

Building maintenance unfortunately isn't on the CUSMA occupation list. The employer would need to get an approved LMIA.

 

[natashap411]

Ok I can see that for the CUSMA list, she would have to further her studies, probably in agriculture science, which we have several colleges for and she is interested in. The issue would be funding though.

I am pretty sure I was confusing NOC jobs as LMIA exempt jobs.

 

[scylla]

Perhaps I am confusing LMIA and NOC codes. There are at least 3 positions she qualifies for that have NOC codes. Maintenance, food work, and construction help. They are all LEER 3. I thought I had read that to qualify for a LMIA exemption, the job has to be on the NOC code list, but I missed the part where it says that you have had to have been working for the company for at least a year already. If I interpreted that correctly

LMIAs and NOC codes are two completely different things.

All occupations have NOC codes. Having a NOC code does not make an occupation LMIA exempt.

I'm not sure what you mean by working for the company for one year to qualify for an LMIA exemption. I think you are confusing completely unrelated rules. There is a rule around this related to skilled jobs and claiming 50 points for PR under Express Entry on an LMIA exempt work permit that is a closed work permit. However this has nothing to do with your friend's situation. For this to apply to your friend, she would need to secure an LMIA exempt closed work permit first in a skilled profession.

 

[natashap411]

Do you know if there is a way to find employers/ job offers that will sponser her for a work visa, since she has NOC job experience?
I have been searching job sites, but it seems difficult or impossible to filter for these.
If I am understanding correctly, these would be companies that already have a LMIA?

 

[canuck78]

Perhaps I am confusing LMIA and NOC codes. There are at least 3 positions she qualifies for that have NOC codes. Maintenance, food work, and construction help. They are all LEER 3. I thought I had read that to qualify for a LMIA exemption, the job has to be on the NOC code list, but I missed the part where it says that you have had to have been working for the company for at least a year already. If I interpreted that correctly

Think you have misinterpreted what you have read. If she is not divorced she would have to include her spouse on all her applications. The reality is given her status, age and lack of funds it will be very difficult to get a study permit. There is no easy way for her to remain in Canada and should be looking at domestic violence shelters in the US which is what she should have done in the first place. An employer getting an LMIA for basic jobs and her getting a work permit will be difficult especially if she has limited ties to the US and limited funds. An employer will need to show that they can’t find someone to do the job in Canada to get approved for the LMIA. The daughter will likely run into issues at a certain point studying her US curriculum online from Canada.

 

[scylla]

Do you know if there is a way to find employers/ job offers that will sponser her for a work visa, since she has NOC job experience?
I have been searching job sites, but it seems difficult or impossible to filter for these.
If I am understanding correctly, these would be companies that already have a LMIA?

So my first piece of advice is to stop referring to things as "NOC job experience". Every single job / occupation has a NOC code. She simply has job experience. That's it.

There are no job sites that are specifically dedicated to employers who are willing to go through the LMIA process or who have unnamed LMIA. She needs to apply for jobs through the normal processes and hope she gets lucky. She should be clear that she is not currently authorized to work in Canada and is looking for an employer who will support a job offer + LMIA.

Sometimes there are employers who have already approved / unnamed LMIAs however there's really no central site where you can find them. She just needs to apply for as many jobs as possible and has to hope she gets lucky.

She can try applying online but it may also make sense to walk into fast food restauraunts with signs that they are looking to hire. Sometimes places like Tim Hortons are willing to go through the LMIA process.

Good luck.

 

[natashap411]

She intends to divorce very soon and has had the papers ready to file for some time.

She has been trying domestic violence programs and legal help for years. They are not easy to get into in her area and she stands to lose custody whenever she cannot provide her child with his own safe bedroom, due to the court agreement.

His studies are not currently an issue, as the school knows that she visits canada for 6 months a year and he is able to access his regular online classes for the past two school years from here. If she can get a visa, he can attend a public school here. His coming USA exams could be an issue, as they lack funds to travel and a place to stay. This could affect her custody agreement, as it states he needs to be in a registered school.

We live in a rural area that is short on workers in many positions, including the ones she has experience in. We are also deperate for medical staff, however getting a study visa, as you mentioned, may be impossible especially due to lack of funds.

 

[natashap411]

So my first piece of advice is to stop referring to things as "NOC job experience". Every single job / occupation has a NOC code. She simply has job experience. That's it.

There are no job sites that are specifically dedicated to employers who are willing to go through the LMIA process or who have unnamed LMIA. She needs to apply for jobs through the normal processes and hope she gets lucky. She should be clear that she is not currently authorized to work in Canada and is looking for an employer who will support a job offer + LMIA.

Sometimes there are employers who have already approved / unnamed LMIAs however there's really no central site where you can find them. She just needs to apply for as many jobs as possible and has to hope she gets lucky.

She can try applying online but it may also make sense to walk into fast food restauraunts with signs that they are looking to hire. Sometimes places like Tim Hortons are willing to go through the LMIA process.

Good luck.

Thank you, I appreciate the information and your time.

 

[canuck78]

She intends to divorce very soon and has had the papers ready to file for some time.

She has been trying domestic violence programs and legal help for years. They are not easy to get into in her area and she stands to lose custody whenever she cannot provide her child with his own safe bedroom, due to the court agreement.

His studies are not currently an issue, as the school knows that she visits canada for 6 months a year and he is able to access his regular online classes for the past two school years from here. If she can get a visa, he can attend a public school here. His coming USA exams could be an issue, as they lack funds to travel and a place to stay. This could affect her custody agreement, as it states he needs to be in a registered school.

We live in a rural area that is short on workers in many positions, including the ones she has experience in. We are also deperate for medical staff, however getting a study visa, as you mentioned, may be impossible especially due to lack of funds.

She can try but until her divorce is final she will likely have to include her husband as part of the application. She should probably research domestic violence charities that are far from her home state. I know that it is very difficult to enter one. Her child must be close to finishing high school. At that point her child would need to apply for a study permit and pay international fees to attend college or university so unless she can get both of them PR relatively soon her child’s status will become an issue. As you have mentioned there is typically some sort of in person requirement even when attending online school. Without any funds and after spending so much time in Canada her ability to visit Canada will also become more and more difficult. If she is able to find an employer willing to go through the time and expense of applying for an LMIA then she would have to hope that she could get a WP. This could take many months especially if she applies online. Without a car how will she get to these potential jobs if you live in a rural area? Will she be able to find housing in your area? If she lives with you and pays to live with you that will affect any government payments you receive. Although your friend may want to stay in Canada they need to be looking into US options as well since there are no guarantees she will be able to remain in Canada and neither does her child.