LMIA exempt work permit

[ebma0716]

Hi all,
I got an offer to work as an experienced software designer (NOC 2173-A) in Montreal, Quebec, which falls under the LMIA exempt job category (http://www.immigration-quebec.gouv.qc.ca/fr/employeurs/embaucher-temporaire/recrutement-haut-salaire/liste-professions/index.html)
I got the validated offer number from the employer and used it to apply for an LMIA exempt work permit. But I got a refusal letter stating ''You have not demonstrated that you come within the exceptions under section 186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the subject of an economic effect determination (i.e., LMIA) before a work permit can be issued to you. Your employer in Canada should contact the local office of ESDC to begin this process.''
What did I do wrong? I have an Indian passport and live in USA under a student visa.
Any help would be greatly appreciated.

 

[canuck_in_uk]

Hi all,
I got an offer to work as an experienced software designer (NOC 2173-A) in Montreal, Quebec, which falls under the LMIA exempt job category (http://www.immigration-quebec.gouv.qc.ca/fr/employeurs/embaucher-temporaire/recrutement-haut-salaire/liste-professions/index.html)
I got the validated offer number from the employer and used it to apply for an LMIA exempt work permit. But I got a refusal letter stating ''You have not demonstrated that you come within the exceptions under section 186 of the regulations exempting you from the requirement to obtain a work permit or that your employment in Canada comes within the exceptions to section 203 of the regulations. As a result, your offer of employment must be the subject of an economic effect determination (i.e., LMIA) before a work permit can be issued to you. Your employer in Canada should contact the local office of ESDC to begin this process.''
What did I do wrong? I have an Indian passport and live in USA under a student visa.
Any help would be greatly appreciated.

Hi

The only LMIA exemption for Quebec I see is here https://www.canada.ca/en/employment-social-development/services/foreign-workers/quebec.html#h2. That requires that the person already

• has a valid work permit;
• holds a skilled worker Certificate of Selection in Quebec (CSQ);
• resides in the province of Quebec;
• has applied for permanent residency under the Quebec Skilled Worker class.

As you do not meet those requirements, it seems that you are not LMIA exempt. I would guess that this is the process that applies to you https://www.canada.ca/en/employment-social-development/services/foreign-workers/quebec/simplified-process.html.

 

[ebma0716]

My employer gave me this employment reference number after the job was validated by IRCC. I was under the impression that the provincial processing was done. So for me to apply again, my employer would have to go through the simplified lmia process (basically no need to advertise the job, but still has to go through the process). And once they do that, what all are the documents I should receive from them? Also, when I apply for a work permit, should I apply under lmia exempt or the normal work permit?

 

[canuck_in_uk]

My employer gave me this employment reference number after the job was validated by IRCC. I was under the impression that the provincial processing was done. So for me to apply again, my employer would have to go through the simplified lmia process (basically no need to advertise the job, but still has to go through the process). And once they do that, what all are the documents I should receive from them? Also, when I apply for a work permit, should I apply under lmia exempt or the normal work permit?

Given the links I posted, I don't see any way that you qualify as LMIA-exempt. I suggest you have your employer contact Quebec immigration to find out the exact process needed.

 

[ebma0716]

Thanks. They have forwarded it to Quebec officials. Waiting for their feedback. Hopefully things would be sorted out soon.

 

[Sanjar718]

Hello, Where you able to solve your issues?

 

[Bob123123]

Dears,
I have received the nomination and work permit letter of support from the province ,However I'm still waiting the employer to provide me LMIA-exemption code OR number, in order to apply for the work permit.
My QUESTION IS : How long it will take (processing time )to receive the exempt LMIA (LMIA-exemption code OR number ).

THANK YOU DEARS FOR YOUR SUPPORT IN ADVANCE.