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LMIA Question (Help!)

Makeit

Star Member
Jan 11, 2011
60
12
Hi guys!

My employer is currently filling out a dual intent LMIA for me as part of a dual Work Permit/Permanent Residency application and have come across a tricky question:

Do you plan to hire or train Canadians/permanent residents for the position for which you are requesting an LMIA?

We can pick Yes or No and have to explain why we chose that answer.

My question is: Why would a company be making an LMIA application if it was easy to hire or train Canadians for this position? So I am thinking we should select "no" as the asnwer to this?

Thanks!
 

loncan

Hero Member
May 21, 2013
712
109
App. Filed.......
May 2013
LANDED..........
Jul 2014
It will be rejected if you do that without a very good explanation.

If you are filing a dual intent LMIA then you are applying for an LMIA to support Temporary Work as well as a Permanent residency application.

You will need a plan to demonstrate how the temporary work will be transitioned to a Canadian citizen or permanent resident. There will be five tactics in your plan, one of which will be to seek permanent residency for the temporary worker.

In the event that your LMIA is successfully granted then you will be expected to enact the things you commit to within that transition plan. Of course once a worker has permanent residency, that is the successful outcome of one of the five tactics and thus the others need not continue.

Hope that makes sense.
 

jes_ON

VIP Member
Jun 22, 2009
12,092
1,421
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
agree with loncan.

If it is "dual intent" you need to meet the requirements for both, and they are higher for the TWP. the TWP absolutely requires a transition plan, so it should (firstly) include a transition plan as if you were only hired for the duration of the TWP.