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LMIA for current employee

omarreyes

Member
Mar 26, 2018
14
1
Hello.

I am trying to find help / information on how the LMIA to support PR for a current employee works, like a step by step of some sort?
Because all the information out there, including the official website only focuses on the process for new employees.

My spouse has been working for an employer for one year now, and they are open to us explaining them how the LMIA for the support of PR works, because they have never done it before but are willing to do it for us provided the process is understandable enough, and that is where the challenge arises.

All the information we have come upon including the official website of ESDC is basically focused almost on its entirety on the assumption that the employer will reach outside of Canada for the employer, but it doesn't state how the process would work for a current employee with an open work permit.

I do realize that part of that being so is because the process for a person outside of Canada seeking an LMIA and a person inside of Canada is practically the same, the job has to be advertised, the forms need to be filled, the supporting documents need to be submitted, etc.

What i want to understand is when is the processing fee waived to support PR and also, what happens with that employee while the job is being advertised and all the process is taking place? because there is no info in the documentation and something extremely confusing in the form is where the employer has to select between the 2 options, one that pays the fee and the one that doesn't. it states:

"LMIA to support the PR application (this means you will hire the temporary foreign worker after their immigration application is processed and the permanent residency is approved). This option does not have a processing fee."

So what does that mean? does it mean that the current employee (my spouse) has to stop working while waiting for the PR decision, even though she has an open work permit that allows her to work well beyond the decision time-frame?

How can we explain to the employer in a simple step 1, step 2, step 3 form how this works for current employee?

Thanks for any insight that might be provided and sorry for the such long post. I hope what i am trying to explain is understood.
 

scylla

VIP Member
Jun 8, 2010
92,831
20,491
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello.

I am trying to find help / information on how the LMIA to support PR for a current employee works, like a step by step of some sort?
Because all the information out there, including the official website only focuses on the process for new employees.

My spouse has been working for an employer for one year now, and they are open to us explaining them how the LMIA for the support of PR works, because they have never done it before but are willing to do it for us provided the process is understandable enough, and that is where the challenge arises.

All the information we have come upon including the official website of ESDC is basically focused almost on its entirety on the assumption that the employer will reach outside of Canada for the employer, but it doesn't state how the process would work for a current employee with an open work permit.

I do realize that part of that being so is because the process for a person outside of Canada seeking an LMIA and a person inside of Canada is practically the same, the job has to be advertised, the forms need to be filled, the supporting documents need to be submitted, etc.

What i want to understand is when is the processing fee waived to support PR and also, what happens with that employee while the job is being advertised and all the process is taking place? because there is no info in the documentation and something extremely confusing in the form is where the employer has to select between the 2 options, one that pays the fee and the one that doesn't. it states:

"LMIA to support the PR application (this means you will hire the temporary foreign worker after their immigration application is processed and the permanent residency is approved). This option does not have a processing fee."

So what does that mean? does it mean that the current employee (my spouse) has to stop working while waiting for the PR decision, even though she has an open work permit that allows her to work well beyond the decision time-frame?

How can we explain to the employer in a simple step 1, step 2, step 3 form how this works for current employee?

Thanks for any insight that might be provided and sorry for the such long post. I hope what i am trying to explain is understood.
The employer need to follow the same process as they would for a new employee, including the requirement to advertise the job for at least one month.

No - your spouse does not have to stop working as long as they hold a valid work permit. Your spouse can continue to work while the LMIA is processed.

Your employer needs to follow the detailed steps in the link below.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html
 

TandK

Newbie
Jun 4, 2022
8
1
Hi,

I hope you and your spouse already got PR. I found out this post is very close to my case as I am also working in Canada and my current employer offered me to apply LMIA to support for PR visa. In fact, I already got a positive LMIA. And for what I understand I think we definitely keep working with open work permit as it is still valid. However, I have come up with one concern.

My wage on a new job offer is higher than my current wage and ESCD stated that the employer will only hire temporary foreign national after the permanent residency visa is issued. So I don't really know whether my company have to give me a raise or only do that after I get my PR visa. I come up with this question as I don't want to put pressure on my company as they helped me a lot. However, I also want to match my profile and actual my current paystubs.

I apricate it a lot. Hope this post will reach your eyes and help me to answer this issue.

Thanks
 
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C_vitamin

Star Member
Jul 29, 2020
97
8
Hi,

I hope you and your spouse already got PR. I found out this post is very close to my case as I am also working in Canada and my current employer offered me to apply LMIA to support for PR visa. In fact, I already got a positive LMIA. And for what I understand I think we definitely keep working with open work permit as it is still valid. However, I have come up with one concern.

My wage on a new job offer is higher than my current wage and ESCD stated that the employer will only hire temporary foreign national after the permanent residency visa is issued. So I don't really know whether my company have to give me a raise or only do that after I get my PR visa. I come up with this question as I don't want to put pressure on my company as they helped me a lot. However, I also want to match my profile and actual my current paystubs.

I apricate it a lot. Hope this post will reach your eyes and help me to answer this issue.

Thanks
Hello,

Congrats for the positive LMIA :) We are in the same boat. I will apply single intent soon. My consultant is collecting document from the employer. I have open work permit and currently in Canada and working for a different company. My consultant said that you don't need to switch to close work permit as you already have open work permit. He also said the most important point is here you need to work for that company minimum for 1 year after you get your PR. I am planning to start working for that company after PR. Do you think is okay? Sorry I don't have answer for your question, but I think your wage should be as indicated in the LMIA after you get PR. Not now.
 

Minh Ho

Member
Feb 13, 2022
17
2
Hello,

Congrats for the positive LMIA :) We are in the same boat. I will apply single intent soon. My consultant is collecting document from the employer. I have open work permit and currently in Canada and working for a different company. My consultant said that you don't need to switch to close work permit as you already have open work permit. He also said the most important point is here you need to work for that company minimum for 1 year after you get your PR. I am planning to start working for that company after PR. Do you think is okay? Sorry I don't have answer for your question, but I think your wage should be as indicated in the LMIA after you get PR. Not now.
I think it’s worth to do so. You can get more points. And high chance to get invitation. I still stuck here as the cut off point is very high now. One year fight is so fast. You can gain experience and get paid as the same time so do be hesitate to take a chance. Do it quickly buddy, you won’t regret for this decision and gud luck to you.
Update: my company gave me raise exactly what it stated on job offer. Wish u all the best.