LMIA

[Simondial]

Hi,

I have been with my current employer who for two years working as a carpenter and just recently as a foreman.
They have been trying to organise an LMIA for me as a carpenter, but have been told they will need to advertise the job for 30 days.
The problem is that they will not be able to advertise the job for 30 days as it is a sought after place to work.

The higher ups in the company are saying they could possibly do it if I transfer to another location, that is in less demand.
It is a well paying job position and my direct managers don't want me to leave, is there any way around this?
Thanks in advance.

 

[scylla]

To be approved for an LMIA you need to advertise the job for at least 30 days and prove there are no qualified Canadians for the role. If your company isn't able to do this - the LMIA will be refused. There's no way around this.

 

[alpachinko]

Can you guide me where is this requirement stated?

Thanks

 

[scylla]

Can you guide me where is this requirement stated?

Thanks

Here: http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml

And the requirement is actually 4 weeks (not 30 days).

 

[kateg]

Here: http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/permanent/index.shtml

And the requirement is actually 4 weeks (not 30 days).

Sometimes, they add to the minimum stated requirements. It took my employer several attempts, and listing in additional locations before the LMIA was granted, despite being an above-market wage.

 

[alpachinko]

I see. I am currently employed with a company for a year but under a Post graduate work permit. I want to boost my points so I need my employer to sign up for LMIA . I was wondering if my employer is exempted from the application fee as it states in the Requirements tab

"The processing fee does not apply to employers choosing ONLY to support a foreign national's application for a permanent resident visa."

Although in the application package it says

option 1:
permanent resident visa application (this means you will hire the foreign national only after their immigration application is processed and the permanent resident visa is issued). This option does not have a processing fee.

option 2:
work permit application and permanent resident visa application (this means you will hire the foreign national as a temporary foreign worker before or while their permanent residence application being processed). This option requires paying a processing fee.


Am I considered as temporary foreign worker?

 

[scylla]

You would use option 1 if you are asking your employer to obtain an LMIA to increase your points under Express Entry.

 

[alpachinko]

Ohh i see, but will they need to advertise again?

 

[scylla]

Ohh i see, but will they need to advertise again?

Yes.

 

[kateg]

Ohh i see, but will they need to advertise again?

Yes, and would need to hire a qualified Canadian should one apply. They might choose not to, but then they would not get the LMIA.

 

[kateg]

Hi,

I have been with my current employer who for two years working as a carpenter and just recently as a foreman.
They have been trying to organise an LMIA for me as a carpenter, but have been told they will need to advertise the job for 30 days.
The problem is that they will not be able to advertise the job for 30 days as it is a sought after place to work.

They will not be able to get a LMIA for that, as you are (from the standpoint of CIC) taking jobs from Canadians.

The higher ups in the company are saying they could possibly do it if I transfer to another location, that is in less demand.

That is how the system is designed. If you went to a location in less demand, CIC would recognize that you you would not be taking jobs from Canadians. This is how the LMIAs are designed - to fill shortages in areas that have them.

It is a well paying job position and my direct managers don't want me to leave, is there any way around this?

The local PNP is designed for this kind of case.