Lmia Question

[williamarcher1029]

Dear All,

I got a job offer from a company in Canada in mid of May as a management of their plant. They submitted Lmia application in early June and got reply from ESDC in early August in negative opinion saying that “Insufficient efforts for hiring Canadian/PR”. The employer discussed with me to see if i can go there with another job title which they have valid Lmia right now. The other title is an operator of equipment which is totally different from what i was offered and entered into before. Also, they mentioned that Lmia for operator of equipment is not qualified for immigration due to it’s NOC category. To the contrary, my previous title is good for applying immigration after one year of work. They told me that i can use this Lmia to start working in Canada. At the end of this visa, they will help me to promote and transfer to the management position. Then after one year of working on the management position, i can start to apply for immigration. I have several questions as below:

1. Is a negative opinion from ESDC a final decision? Can they submit more information to refute their decision and turn things around?

2. Can my employer re-apply the Limia for the same title? What is the chance for success?

3. Is there any scam for talking me into something different? I need to lie to government to my management experience by showing them i am not over-qualified for operator position.

4. Will this pose a risk to me or my future plan for immigration?

I am outside of Canada right now. The reason they hired me was that i had management experience in the USA before. And as their competitor, i know this company is truly existed. But really confused and concerned about their way of doing things.

Could anyone help me to go through my question and help me out. Really appreciated for your time and help.

 

[scylla]

Dear All,

I got a job offer from a company in Canada in mid of May as a management of their plant. They submitted Lmia application in early June and got reply from ESDC in early August in negative opinion saying that “Insufficient efforts for hiring Canadian/PR”. The employer discussed with me to see if i can go there with another job title which they have valid Lmia right now. The other title is an operator of equipment which is totally different from what i was offered and entered into before. Also, they mentioned that Lmia for operator of equipment is not qualified for immigration due to it’s NOC category. To the contrary, my previous title is good for applying immigration after one year of work. They told me that i can use this Lmia to start working in Canada. At the end of this visa, they will help me to promote and transfer to the management position. Then after one year of working on the management position, i can start to apply for immigration. I have several questions as below:

1. Is a negative opinion from ESDC a final decision? Can they submit more information to refute their decision and turn things around?

2. Can my employer re-apply the Limia for the same title? What is the chance for success?

3. Is there any scam for talking me into something different? I need to lie to government to my management experience by showing them i am not over-qualified for operator position.

4. Will this pose a risk to me or my future plan for immigration?

I am outside of Canada right now. The reason they hired me was that i had management experience in the USA before. And as their competitor, i know this company is truly existed. But really confused and concerned about their way of doing things.

Could anyone help me to go through my question and help me out. Really appreciated for your time and help.

1. They can certainly apply again but would need to submit stronger evidence of recruitment to overcome the refusal reason.
2. See above. Yes, they can re-apply but need stronger / better evidence of local recruitment.
3. I don't understand this question. You need to be truthful in any application you make to Canada and you should absolutely not misrepresent or lie about your previous work experience. If you do this, it's possible IRCC may catch this in the work permit application and it's then possible to be banned from Canada for 5 years. If they don't catch you in the work permit application, you're going to have a pretty big problem on your hands when you go to apply for PR and IRCC compares the two applications.
4. In order to promote you to the management position after you have worked in Canada for a year in the non-management role, your employer will need to obtain an approved LMIA. So in some ways you'll be facing the same situation then as you are now. You will not be able to move to a managerial role using the work permit tied to the lower level operations role. Your employer will need to get the LMIA and then you'll need to apply for a new work permit.

 

[williamarcher1029]

1. They can certainly apply again but would need to submit stronger evidence of recruitment to overcome the refusal reason.
2. See above. Yes, they can re-apply but need stronger / better evidence of local recruitment.
3. I don't understand this question. You need to be truthful in any application you make to Canada and you should absolutely not misrepresent or lie about your previous work experience. If you do this, it's possible IRCC may catch this in the work permit application and it's then possible to be banned from Canada for 5 years. If they don't catch you in the work permit application, you're going to have a pretty big problem on your hands when you go to apply for PR and IRCC compares the two applications.
4. In order to promote you to the management position after you have worked in Canada for a year in the non-management role, your employer will need to obtain an approved LMIA. So in some ways you'll be facing the same situation then as you are now. You will not be able to move to a managerial role using the work permit tied to the lower level operations role. Your employer will need to get the LMIA and then you'll need to apply for a new work permit.

Dear Scylla,
Really appreciated your guidance and reply.
1. So it means that they can't appeal for it? The only way is to reapply?
2. If a company reapply for the same position, will the chance become slimmer or it depends on their evidence? Usually, how long does it take to finish the whole process?
They sent me a PDF reply from government without signature or stamp from officer. Shouldn’t it be a physical copy?

3. Sorry for the misunderstanding with this question. My employer suggested me use the lower-level Lmia they have right now to enter Canada which is contradicted with my previous experience. They are concerned that my previous experience will be over-qualified for this position. So, they advised me to hide my previous experience or change it to something different which I find extremely hard and risky due to my visa in the USA.
I think they are trying to lead me into something different which will transfer all risk to me. Do you think there is a possibility that this is a scam for this company to try to keep employees working for them longer?

You are right. I am not aware of that there will be two applications which will have really big problems. Your answer reassures me that I should be truthful to the government.

4. Yes. You are absolutely right. This is what concerns me most. I have to go through it again. By that time, I will face more problems. What if they couldn’t get it done by that time, I still have to work as lower-level operations without any chance to become PR. This seems like an endless road.

By the way, they told me that the management Lmia can apply for PR after one year of working, is that true?



Thanks again for your kindness and help.

This means a lot to me.

Thanks again. Stay safe.

 

[scylla]

Dear Scylla,
Really appreciated your guidance and reply.
1. So it means that they can't appeal for it? The only way is to reapply?
2. If a company reapply for the same position, will the chance become slimmer or it depends on their evidence? Usually, how long does it take to finish the whole process?
They sent me a PDF reply from government without signature or stamp from officer. Shouldn’t it be a physical copy?

3. Sorry for the misunderstanding with this question. My employer suggested me use the lower-level Lmia they have right now to enter Canada which is contradicted with my previous experience. They are concerned that my previous experience will be over-qualified for this position. So, they advised me to hide my previous experience or change it to something different which I find extremely hard and risky due to my visa in the USA.
I think they are trying to lead me into something different which will transfer all risk to me. Do you think there is a possibility that this is a scam for this company to try to keep employees working for them longer?

You are right. I am not aware of that there will be two applications which will have really big problems. Your answer reassures me that I should be truthful to the government.

4. Yes. You are absolutely right. This is what concerns me most. I have to go through it again. By that time, I will face more problems. What if they couldn’t get it done by that time, I still have to work as lower-level operations without any chance to become PR. This seems like an endless road.

By the way, they told me that the management Lmia can apply for PR after one year of working, is that true?



Thanks again for your kindness and help.

This means a lot to me.

Thanks again. Stay safe.

1. There is no formal appeal process. They can request reconsideration and submit stronger evidence to prove recruitment, however it may not considered given the application was already turned down.
2. The chances will depend on the strength of the application and evidence. The processing time will be the same as the first application. LMIAs can take anywhere from a few weeks to over four months to process. I don't know about the PDF.
3. I can't comment on whether it's a scam. Definitely do not misrepresent your work experience. I would be concerned if the employer is suggesting you do this. They are in fact dumping all of the risk on you (including the risk of a 5 year ban from Canada and the possibility of complications later with your PR application).

Working in a management LMIA role for a year does not guarantee PR. It means you will qualify to apply for PR under the CEC program. However this doesn't guarantee you will be selected out of the applicant pool or approved. Research the Express Entry program if you want to understand how this works. It's basically a points-based program and those with the most points are selected. The trick is that you don't know what the required points will be a year or two from now in order to be selected. You need to dedicate time to doing your own research.

 

[williamarcher1029]

1. There is no formal appeal process. They can request reconsideration and submit stronger evidence to prove recruitment, however it may not considered given the application was already turned down.
2. The chances will depend on the strength of the application and evidence. The processing time will be the same as the first application. LMIAs can take anywhere from a few weeks to over four months to process. I don't know about the PDF.
3. I can't comment on whether it's a scam. Definitely do not misrepresent your work experience. I would be concerned if the employer is suggesting you do this. They are in fact dumping all of the risk on you (including the risk of a 5 year ban from Canada and the possibility of complications later with your PR application).

Working in a management LMIA role for a year does not guarantee PR. It means you will qualify to apply for PR under the CEC program. However this doesn't guarantee you will be selected out of the applicant pool or approved. Research the Express Entry program if you want to understand how this works. It's basically a points-based program and those with the most points are selected. The trick is that you don't know what the required points will be a year or two from now in order to be selected. You need to dedicate time to doing your own research.

Dear Scylla,

Thanks for your quick reply.

1. I will talk to the employer to see if they want to reapply considering the situation right now.

2. I mean they gave me a PDF reply from ESDC, rather than a scanned physical copy, also without any signature of officer or government stamp. Is it right?

3. Thanks for your analysis. I strongly agree with you. I couldn’t take that risk.



This is an important new information for me. I suppose that if someone has a Lmia and work permit. They can apply for PR in a different way rather than going to the pool again for all mathematical games.

One more question, if after one year of work, do I need to apply PR by myself or do I need support or approval from the company?



Thanks again.

Have a nice weekend.

 

[scylla]

Dear Scylla,

Thanks for your quick reply.

1. I will talk to the employer to see if they want to reapply considering the situation right now.

2. I mean they gave me a PDF reply from ESDC, rather than a scanned physical copy, also without any signature of officer or government stamp. Is it right?

3. Thanks for your analysis. I strongly agree with you. I couldn’t take that risk.



This is an important new information for me. I suppose that if someone has a Lmia and work permit. They can apply for PR in a different way rather than going to the pool again for all mathematical games.

One more question, if after one year of work, do I need to apply PR by myself or do I need support or approval from the company?



Thanks again.

Have a nice weekend.

2. I don't know.

Yes, there are different ways to apply for PR other than Express Entry / CEC. However this doesn't guarantee that PR will be possible for you and it's hard to say if you will qualify for these programs since that will depend on a number of factors at the time you are ready to apply (such as the province where you are working, your occupation, and other factors). Once again, there's really no short cut to extensive research about Canada's immigration program if you are truly serious about this path. You will want to research both the Express Entry and PNP programs. You'll need to dedicate significant time to this.

Whether you apply for PR on your own or if you need support from your company will depend on which program you apply through. Again, you really need to spend time researching how all of this works.

 

[williamarcher1029]

2. I don't know.

Yes, there are different ways to apply for PR other than Express Entry / CEC. However this doesn't guarantee that PR will be possible for you and it's hard to say if you will qualify for these programs since that will depend on a number of factors at the time you are ready to apply (such as the province where you are working, your occupation, and other factors). Once again, there's really no short cut to extensive research about Canada's immigration program if you are truly serious about this path. You will want to research both the Express Entry and PNP programs. You'll need to dedicate significant time to this.

Whether you apply for PR on your own or if you need support from your company will depend on which program you apply through. Again, you really need to spend time researching how all of this works.

Dear Scylla,
Noted with many thanks.
I will do my best.
Thanks for your help again.
Take care and stay safe.

Best,