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LMIA for Existing/Active Employee

music44

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Feb 5, 2015
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Hello All,

Can someone help me to understand what is process of applying for LMIA for active employee?

I am working in company and my work permit is getting over in June. My employee is willing to see if they can get LMIA. I would like to know if anyone have some information to share for process of getting LMIA for existing/Active employee of company.

Please help. Thanks in advance
 

music44

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harinder hayre said:
check it on www.cic.gc.ca that explain everything.........if u can help me too for lmia coz i didn't get it..
It did not show anything in relation to existing worker. It is asking for adverse and i am not able to understand what they are suppose to do in terms of extending my work permit.
 

mf4361

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music44 said:
It did not show anything in relation to existing worker. It is asking for adverse and i am not able to understand what they are suppose to do in terms of extending my work permit.
This is the weird quirk here, your employer has to advertise your own job in their specification (where to ad, duration etc), and then say no Canadian applied or everyone else is not qualified.

Existing worker who wants LMIA are treated the same as those are looking for work
 

Tanieka

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Feb 11, 2015
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Just as said before, your employer needs to post your position on Job bank and two other places. On job bank by default it will have to run for 120 once your employer indicates that he/she will employ a foreigner if a suitable Canadian or PR is has not be selected for your position. After the 120 days your employer can apply for the LMIA. So you are looking at 6-7 months to get a LMIA if it is positive. I am in this position now and 6-7 months is a long time. Prior to January 1st it only took 3-4 months to get a LMIA.
 

redd23

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Sep 20, 2014
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Tanieka said:
Just as said before, your employer needs to post your position on Job bank and two other places. On job bank by default it will have to run for 120 once your employer indicates that he/she will employ a foreigner if a suitable Canadian or PR is has not be selected for your position. After the 120 days your employer can apply for the LMIA. So you are looking at 6-7 months to get a LMIA if it is positive. I am in this position now and 6-7 months is a long time. Prior to January 1st it only took 3-4 months to get a LMIA.
Not True. The ad needs to run for 4 weeks. Once all requirements are met and all the correct paper work has been submitted, the processing time is just 2 weeks.

Source: Search for "Hiring Skilled Workers and Supporting their Permanent Residence" on google as I cant post the link on the ESDC website.
 

music44

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mf4361 said:
This is the weird quirk here, your employer has to advertise your own job in their specification (where to ad, duration etc), and then say no Canadian applied or everyone else is not qualified.

Existing worker who wants LMIA are treated the same as those are looking for work
Thanks All.I will see how it goes. It's so tough for CEC applicant to get PR in EE. :( :( :( :( :( :( :(
 

mf4361

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music44 said:
Thanks All.I will see how it goes. It's so tough for CEC applicant to get PR in EE. :( :( :( :( :( :( :(
It's not if you are on LMIA-based close WP. It's tough for all Open WP, which most of them goes to CEC.
 

Tanieka

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Feb 11, 2015
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redd23 said:
Not True. The ad needs to run for 4 weeks. Once all requirements are met and all the correct paper work has been submitted, the processing time is just 2 weeks.

Source: Search for "Hiring Skilled Workers and Supporting their Permanent Residence" on google as I cant post the link on the ESDC website.
I just did my own ad on Job Bank on Monday to advertise my own position. My employer had no clue about how to do it and I offered to do it because I need the LMIA. On Monday Feb 9 while placing the ad on Job Bank I got to a point where I was asked a question that says something to the effect of "If a Canadian or PR is not offered the job would you be hiring a foreigner worker? I selected yes then the next section is where you can select an expiry date for the ad however, because of the question prior about whether or not a foreigner will be hired I got a default date and that is June 9, 2015. It clearly said the expiry date is set to 120 days due to the fact that a foreigner may be hired. It was in grey and could not be adjusted. I kid you not. I was in shock and I am still in shock.That is 120 days from Feb 9. I was also of the impression that it only takes 4 weeks because I have been through the process before as well. I am in the same boat as others here and only trying to educate those who have to go through the process too. I have no reason to provide inaccurate info. I can only tell you what I have experienced. Once your employer indicates that if no Canadian or PR has been identified and they will hire a foreigner the expiry date of the ad will be 120 days from the day it was created. My assumption is just so that as many Canadians and Permanent Residence. can get more time to see the ad and apply for the post. Based on this, I may not get a LMIA for another 6-7 months if I even get it. My last LMO took 2 months and that was back in 2013 so this is very shocking to me.
 

Tanieka

Newbie
Feb 11, 2015
7
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redd23 said:
Not True. The ad needs to run for 4 weeks. Once all requirements are met and all the correct paper work has been submitted, the processing time is just 2 weeks.

Source: Search for "Hiring Skilled Workers and Supporting their Permanent Residence" on google as I cant post the link on the ESDC website.
Hi, I followed your link and read the info. I do see where it says a minimum of 4 weeks however I had no option because of the question prior to the date section. The question prior asked if the employer be consider hiring a foreign worker if a Canadian or a PR was not selected and I selected yes because my employer is willing to hire me permanently. After I( because I did the ad with my employer beside me) selected continue, I got to the expiry date section and the date was already there in grey as June 9, 2105 with a notice in red saying something about the fact that a foreigner may be hired if a Canadian or PR is not selected and therefore the ad expiry date is 120 days from today( Feb 9, 2105).
 

ninauh

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Jan 5, 2015
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Tanieka said:
Hi, I followed your link and read the info. I do see where it says a minimum of 4 weeks however I had no option because of the question prior to the date section. The question prior asked if the employer be consider hiring a foreign worker if a Canadian or a PR was not selected and I selected yes because my employer is willing to hire me permanently. After I( because I did the ad with my employer beside me) selected continue, I got to the expiry date section and the date was already there in grey as June 9, 2105 with a notice in red saying something about the fact that a foreigner may be hired if a Canadian or PR is not selected and therefore the ad expiry date is 120 days from today( Feb 9, 2105).

It is getting tougher for us who have a LMIA exempt work permit.. :(
 

MMCanada2014

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Tanieka said:
I just did my own ad on Job Bank on Monday to advertise my own position. My employer had no clue about how to do it and I offered to do it because I need the LMIA. On Monday Feb 9 while placing the ad on Job Bank I got to a point where I was asked a question that says something to the effect of "If a Canadian or PR is not offered the job would you be hiring a foreigner worker? I selected yes then the next section is where you can select an expiry date for the ad however, because of the question prior about whether or not a foreigner will be hired I got a default date and that is June 9, 2015. It clearly said the expiry date is set to 120 days due to the fact that a foreigner may be hired. It was in grey and could not be adjusted. I kid you not. I was in shock and I am still in shock.That is 120 days from Feb 9. I was also of the impression that it only takes 4 weeks because I have been through the process before as well. I am in the same boat as others here and only trying to educate those who have to go through the process too. I have no reason to provide inaccurate info. I can only tell you what I have experienced. Once your employer indicates that if no Canadian or PR has been identified and they will hire a foreigner the expiry date of the ad will be 120 days from the day it was created. My assumption is just so that as many Canadians and Permanent Residence. can get more time to see the ad and apply for the post. Based on this, I may not get a LMIA for another 6-7 months if I even get it. My last LMO took 2 months and that was back in 2013 so this is very shocking to me.

You have to distinguish between the ad expiration on Job Bank and how long your employer needs to wait before seeking a foreign employer which is for sure 4 weeks
 

branded_man

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ninauh said:
It is getting tougher for us who have a LMIA exempt work permit.. :(
Yeap it is true that ad will expire in 120 days
As far myunderstanding goes the ad remains active till a decision is made on lmia which might take 4-16 weeks
So cutting to the chase your employer can apply lmia after 4 weeks of advertisement but the ad remains active till a decision is made or 120 days whichever is shorter.
I hope the info helps
Cheers
 

Tanieka

Newbie
Feb 11, 2015
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branded_man said:
Yeap it is true that ad will expire in 120 days
As far myunderstanding goes the ad remains active till a decision is made on lmia which might take 4-16 weeks
So cutting to the chase your employer can apply lmia after 4 weeks of advertisement but the ad remains active till a decision is made or 120 days whichever is shorter.
I hope the info helps
Cheers
Oh ok, thanks. Didn't think my employer would be able to apply for the LMIA before the ad expiry date. I will let me employer know because she said she won't apply for the LMIA until the ad expires on June 9 as she did not want it to seem as if she did not let the ad run its course and seem as if she don't try hard enough to find a Canadian or a PR. I got discouraged upon hearing that, but this clears it up for me. Thanks again.
 

Jaiveer Singh

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Tanieka said:
Oh ok, thanks. Didn't think my employer would be able to apply for the LMIA before the ad expiry date. I will let me employer know because she said she won't apply for the LMIA until the ad expires on June 9 as she did not want it to seem as if she did not let the ad run its course and seem as if she don't try hard enough to find a Canadian or a PR. I got discouraged upon hearing that, but this clears it up for me. Thanks again.
Hi Tanieka,

I am going to do same procedure as you have done. How much you have paid for advertisement on job bank? just roughly asking?