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LMIA for CEC

tyagifever

Star Member
Oct 23, 2018
69
3
Hello all,

I recently graduated from a 1 year certificate program and have applied for pgwp. One employer has agreed to give me a job offer and wants to know whether he would need to provide any documentation for me to apply for PR. The job is in NOC B category. I plan to apply through CEC after I complete my one year of work. Would they need an LMIA after I have worked with them for a period of 1 year?
 

jes_ON

VIP Member
Jun 22, 2009
12,008
1,308
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hello all,

I recently graduated from a 1 year certificate program and have applied for pgwp. One employer has agreed to give me a job offer and wants to know whether he would need to provide any documentation for me to apply for PR. The job is in NOC B category. I plan to apply through CEC after I complete my one year of work. Would they need an LMIA after I have worked with them for a period of 1 year?
Well - they don´t need an LMIA to hire you, at least while you are on a PGWP.

But you won´t be eligible to apply for PR (under the CEC requirements) until after one year. Sometimes the processing time for the BOWP gives you the extra time you need to apply for PR before your work permit expires, but usually not. If you want to stay longer than one year, you will have to renew your work permit, somehow. That often means getting an LMIA just to be able to get a new work permit. But the LMIA would also give you extra points and may help you achieve a high enough score to earn an ITA - it can be the difference between getting PR, or not.

I can´t tell from your query whether they are happy and willing to help you by applying for an LMIA, or if they want nothing to do with it. If they are willing, that is great. If they are not, you may end up having to leave Canada when your work permit expires, but you would be able to apply for PR anyway.
 
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tyagifever

Star Member
Oct 23, 2018
69
3
Well - they don´t need an LMIA to hire you, at least while you are on a PGWP.

But you won´t be eligible to apply for PR (under the CEC requirements) until after one year. Sometimes the processing time for the BOWP gives you the extra time you need to apply for PR before your work permit expires, but usually not. If you want to stay longer than one year, you will have to renew your work permit, somehow. That often means getting an LMIA just to be able to get a new work permit. But the LMIA would also give you extra points and may help you achieve a high enough score to earn an ITA - it can be the difference between getting PR, or not.

I can´t tell from your query whether they are happy and willing to help you by applying for an LMIA, or if they want nothing to do with it. If they are willing, that is great. If they are not, you may end up having to leave Canada when your work permit expires, but you would be able to apply for PR anyway.
Thank you for your response.
They have not told me whether they would be willing to apply for LMIA or not, as yet. But I'm trying to prepare myself in case the employer does not agree for LMIA.
Will I be able to apply for a BOWP after I have worked for one year while I would still have a month until my PGWP expires? That would enable me to continue working until the PR application is in progress?
 

Ajnim

Star Member
Oct 18, 2018
161
54
Hello guys..I have a positive LMIA..Can I claim points for that even I'm not working with this employer anymore??
 

jes_ON

VIP Member
Jun 22, 2009
12,008
1,308
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Thank you for your response.
They have not told me whether they would be willing to apply for LMIA or not, as yet. But I'm trying to prepare myself in case the employer does not agree for LMIA.
Will I be able to apply for a BOWP after I have worked for one year while I would still have a month until my PGWP expires? That would enable me to continue working until the PR application is in progress?
You cannot apply for a BOWP until after you qualify, submit a profile, receive an ITA (invitation to apply), prepare and submit an eAPR (electronic application for permanent residence), and receive the AOR (acknowledgment of receipt of the APR). You also have to have a valid work permit at the time you submit the BOWP application.
 
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jes_ON

VIP Member
Jun 22, 2009
12,008
1,308
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hello guys..I have a positive LMIA..Can I claim points for that even I'm not working with this employer anymore??
No, you would not be eligible for points for a valid job offer.
 

jes_ON

VIP Member
Jun 22, 2009
12,008
1,308
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Thank you for your response. I have another question. For my one year of work experience to count, can I work for two different employers during that one year?
Yes ...
 

tyagifever

Star Member
Oct 23, 2018
69
3
Perfect!
I was just speaking to an immigration consultant, he said that I would not require an lmia from the employer as I will be able to stay on and continue to work after I receive an ITA under FSW until a decision has been made. Is it true?
 

jes_ON

VIP Member
Jun 22, 2009
12,008
1,308
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Perfect!
I was just speaking to an immigration consultant, he said that I would not require an lmia from the employer as I will be able to stay on and continue to work after I receive an ITA under FSW until a decision has been made. Is it true?
Not exactly. The ITA does not give you any status. It does give you the opportunity to submit a PR application, which also does not give you temporary status. But after you submit your PR application, you MIGHT be eligible to apply for a "bridging open work permit." (BOWP). To be eligible for a BOWP, you have to have submitted your PR application and received the AOR (acknowledgement of receipt email), and you have to have a valid work permit at the time you submit the BOWP application (due to expire within 4 months). After you submit the BOWP application, at that point, you can stay and continue to work until you get a decision on your PR application (assuming you submit a complete PR application and a complete BOWP application - having either one rejected as incomplete could be a disaster).

For more information on the BOWP:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html
 

kallydam

Newbie
Nov 15, 2019
4
0
29
Nigeria
hello everyone I need to know what it takes to pass the IELTS test... I have been practicing the material but my scores is always 50, is the mark okay and what do I need to do to get to canada please I need help.
 

immonger

Hero Member
Oct 17, 2018
253
47
Hello guys..I have a positive LMIA..Can I claim points for that even I'm not working with this employer anymore??
There are ZERO points for LMIA. You can, however, get 50 points for a Job Offer (Future empoyment for at least 1-year) which is based on an LMIA (unless for an LMIA exempt occupation).
 

immonger

Hero Member
Oct 17, 2018
253
47
Hello,

is any emoloyer willing to provide lmia documentation or they would have any problem?
To get the LMIA approved, an employer needs to advertise the position for a few months and has to prove to the Canadian Government that no Canadian citizen or PR is available to do the job. Hence, a foreign worker would be required. There are multiple factors that they need to check before a positive LMIA is issued. In addition to paperwork and processing times, the employer is also required to pay a fee of $1000 for the LMIA application.

So to answer your question, very very few employers are in the position of getting LMIAs for their potential employees. Most are not even bothered.