Job Offer

[Fenster]

Hi,

I met with a lawyer recently who told me that my job offer from my company isn't valid as my company is not incorporated but rather a partnership. I can't find anything about this online though. Does anyone have anymore information about this?

 

[Fenster]

Thanks for your reply dan_and

My employer is looking to apply for an LMIA for me but has asked me to do the "homework" on my application first. So I met with a lawyer and they told me that as the company that I work for is a partnership and not incorporated, that I would not be eligible.

 

[Pippin]

I don't know how much homework you have done to date but read through the official Canada Immigration websites. There is a great deal of detail required of the employer that no employee would have access to. See link below.
http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/apply.page

 

[Pippin]

First off, I am not an expert but I love digging for things. An important distinction is whether you are
One of the partners or strictly an employer? I found it interesting that there is documentation specified for sole proprietorships/partnerships.
Business Licence or Documentation section near the bottom had a list of required documents from the employer which includes the following.

Business registration or legal incorporation documents (if first LMIA application);
Provincial/territorial/municipal business licence (where applicable and if first LMIA application);

T2125 Statement of Business or Professional Activities (for sole proprietorships/partnerships only – 2 most recent returns filed)
http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/requirements.page

 

[Pippin]

The LMIA application form contains this information as well and there is a section that asks what type of business it is. http://www.servicecanada.gc.ca/eforms/forms/esdc-emp5593(2016-03-008)e.pdf

On a less professional, but shocked note, I was surprised to read that an LMIA would not be granted to an employer who offers exotic and escort services on a REGULAR BASIS. Huh!? I thought that category of
Employment was removed completely from the visa process some years ago. Learn something new every day!

 

[kryt0n]

The LMIA application form contains this information as well and there is a section that asks what type of business it is. http://www.servicecanada.gc.ca/eforms/forms/esdc-emp5593(2016-03-008)e.pdf

On a less professional, but shocked note, I was surprised to read that an LMIA would not be granted to an employer who offers exotic and escort services on a REGULAR BASIS. Huh!? I thought that category of
Employment was removed completely from the visa process some years ago. Learn something new every day!

Everyone's gotta have a part time hobby! I mean...erm...

 

[Pippin]

And yet another gem (which does not include partnerships in the list)
http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/overview.page
Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:

an embassy;
a high commission or consulate in Canada;
on the list of ineligible employers maintained by IRCC;
new and have not been in business for a minimum of 1 year; or
hiring workers for jobs located in the province of Quebec.

 

[kryt0n]

And yet another gem (which does not include partnerships in the list)
http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/overview.page
Employers are not eligible to make a job offer to a foreign worker under these immigration programs, if they are:

an embassy;
a high commission or consulate in Canada;
on the list of ineligible employers maintained by IRCC;
new and have not been in business for a minimum of 1 year; or
hiring workers for jobs located in the province of Quebec.

I love the idea of a new company, struggling to get workers but can't hire Fred, the German worker who is also about to have to leave Canada because the company has only been in business for 10 months. The Canadian company goes bust and Fred has to go home. Yay Canada! Ugh.

 

[Fenster]

I don't know how much homework you have done to date but read through the official Canada Immigration websites. There is a great deal of detail required of the employer that no employee would have access to. See link below.
http://www.esdc.gc.ca/en/foreign_workers/hire/permanent/apply.page

I've looked through these documents but I can't seem to find anywhere where it might say that my employer isn't entitled to apply for an LMIA because he's in a partnership.

I'm just an employer and certainly not the part-owner of the company.

 

[Pippin]

That's my point, too. I haven't found anything specific to excluding partnerships as long as those employers meet all the regs and have the required documents, etc. It may be worthwhile to ask the lawyer to provide his rationale. Have you searched the OP Manuals?

 

[Pippin]

OK. I knew I had read it somewhere. This is from the BCPNP website, but may have same relevance to other provinces or territories. It says that the employer must be "registered as a limited liability partnership in BC."
Does this help?
Page 48
https://www.welcomebc.ca/getmedia/14a55c84-1301-4959-8a5d-888785a2ac2a/BC-PNP-Skills-Immigration-and-Express-Entry-BC-Program-Guide.aspx#page48

 

[Pippin]

What is your CRS right now without the LMIA points? How many points would a positive LMIA give you, 50 or 200? Considering the cost, uncertainty and length of time to get an LMIA, is it likely the ITA score could reach your present point level before a decision is made on the Assessment?

 

[Fenster]

OK. I knew I had read it somewhere. This is from the BCPNP website, but may have same relevance to other provinces or territories. It says that the employer must be "registered as a limited liability partnership in BC."
Does this help?
Page 48
https://www.welcomebc.ca/getmedia/14a55c84-1301-4959-8a5d-888785a2ac2a/BC-PNP-Skills-Immigration-and-Express-Entry-BC-Program-Guide.aspx#page48

Ah yes. This helps a lot. Thanks so much for this. I can take this to my employer and we can work with this document. Wow, you really helped me out a lot here. Legendary work!!!

 

[Pippin]

I am delighted that this helps. Good Luck.