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LMIA application for a remote position

Discussion in 'Canadian Labour Legislation' started by Yammyturn, Feb 17, 2019.

  1. Hello, was hoping someone could shed some light on my situation...

    I work for a Canadian tech company (11 months legally in Canada on IEC, 4 months in UK). I work remotely as an independent contractor, but my boss has offered me an employed position in Canada.

    I want to try and come back to Canada on a temporary work visa, then maybe apply for my PR.

    My main concern here is the LMIA. I'm not sure my job qualifies for a positive LMIA since I am working remotely - I am not necessarily filling a labour gap since I'm already in the position? This is in regards to applying for TFW visa, or even if I was to apply for FSWP.

    Does anyone have experience applying / being granted a positive LMIA whilst working a remote position?

    Is there another route I should take given my situation?

    I do not want my employer to waste time and money on a LMIA if I will not qualify for it... I'm struggling to find information online that relate to remote workers and working in Canada.

  2. Is the job in Canada a remote position as well? If the job in Canada is not remote, your employer can certainly try applying for the LMIA. Make sure your employer meets the advertising requirements before submitting the LMIA application.
  3. Yes the position in Canada would be remote, but on an employee contract rather than self employed or indepdent contractor.

    This is why I'm concerned we can't apply for a LMIA. What also concerns me is that I won't be able to get a positive LMIA to support a job offer for PR either meaning my job offer is useless in gaining a bunch of points.

    I understand this is just my opinion, but if I'm already working the position I am not technically taking a role that a Canadian could do as she is not looking to fill the position. Can't see any sort of exemption code for that though...
  4. You don't qualify for a work permit if the position is remote. There is no requirement or need for you to be in Canada.

    If you want a work permit and want points to help you to achieve PR, you need to secure a job offer for a role that physically requires you to be in Canada. The job you have now isn't going to work.
  5. Thanks for confirming that... *cries*
  6. Related question: My employer is in another province and I will work remotely from a different province, will I qualify for LMIA and if so then which province should it be applied under?
  7. IMO this doesn't qualify for an LMIA or work permit. You need to be working at their physical location. If you can work remotely from another province, then there is no need for you to be in Canada and you could just as easily be working from your home country.

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