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LMIA

immonger

Hero Member
Oct 17, 2018
264
54
Toronto, ON
Category........
CEC
There are three types of LMIA.

1] to sponsor someone in Expree Entry.
It’s free of charge. Can not be used to get work permit.

2] to get a work permit for a foreign individual.
Costs the employer $1000 to apply.

3] dual intent is both of the above in one.
Same process. Costs the employer $1000 to apply.

in regards to lmia exempt jobs, employer must pay the employer compliance fee of (not the same as for LMIA). All information is online. Use the search function here and on Canada.ca
Nice! Thanks for the info.
 

ManuGaur

Member
May 17, 2018
16
0
40
Your lawyer is correct. If these 2 years are being used to claim points for 'Foreign Work Experience', then the LMIA also needs to be for the same occupation.
Hi,

I have a question incase you have an idea on the same.
I am on Closed work permit + LMIA approved on date April 3rd 2019(last year).

As the LMIA was for 2 year the validity is till April 2021( Now less than 1 year) , can i still claim this as Valid Job offer.
My offer letter does not mention any END contract date, though it states I am on permanent employee contract.

I can claim the 1 year experience points => Yes i believe
Valid job offer 50 points = > Any comments

Regards & good luck to all
 

Bulldog90

Star Member
Mar 4, 2019
55
0
Hello House,
I have a question and would appreciate it if anyone could answer it:
-I currently have 12 months experience with the same employer willing to help me with LMIA. Can i leave the employer after I get the lmia letter and receive invitation on my express entry?
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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 House,
I have a question and would appreciate it if anyone could answer it:
-I currently have 12 months experience with the same employer willing to help me with LMIA. Can i leave the employer after I get the lmia letter and receive invitation on my express entry?
No - you would need to stay with that employer.

If you leave the employer, that's looking like misrepresentation and you'll be risking a ban for faking a job offer to get points.
 

Bulldog90

Star Member
Mar 4, 2019
55
0
No - you would need to stay with that employer.

If you leave the employer, that's looking like misrepresentation and you'll be risking a ban for faking a job offer to get points.

I'm on PGWP and work as a Baker NOC level B. Am I exempt from needing LMIA since i've been working for the same employer for 1 year and would be getting a valid Job offer from them
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
I'm on PGWP and work as a Baker NOC level B. Am I exempt from needing LMIA since i've been working for the same employer for 1 year and would be getting a valid Job offer from them
You need an approved LMIA to get the 50 points since you are on an open work permit without an employer specified.

Again, if you get the LMIA and then leave the job once you have ITA, expect problems with your application.
 

Bulldog90

Star Member
Mar 4, 2019
55
0
No - you would need to stay with that employer.

If you leave the employer, that's looking like misrepresentation and you'll be risking a ban for faking a job offer to get points.
It looks like I'm allowed to leave my employer as long as my LMIA is not Lmia work permit Take a look at the link below
The LMIA required to claim the 50 point is different from LMIA work permit

https://www.dlapiper.com/en/canada/insights/publications/2017/03/canadian-employment-news-series-mar-2017/terminating-temporary-foreign-workers/

Employers that have nominated temporary foreign workers under the Provincial Nominee Program (“PNP”) are generally required to report to the appropriate provincial PNP office about a change of employment status. A change of employment status includes terminations, lay-offs and resignations. It is important for employers to be aware that the termination of temporary foreign workers who have a pending permanent residence application under the PNP may negatively affect their eligibility to become permanent residents, particularly in situations where the PNP approval was contingent upon maintaining arranged employment in Canada.

In accordance with the TFWP rules, employers must report to ESDC any change in the employment status of temporary foreign workers holding LMIA-based work permits.

The IMP rules do not require employers to report to ESDC or Immigration, Refugees and Citizenship Canada (“IRCC”), formerly Citizenship and Immigration Canada, a change in the employment status of temporary foreign workers holding LMIA-exempt work permits, regardless of whether their work permits are open or closed.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
It looks like I'm allowed to leave my employer as long as my LMIA is not Lmia work permit Take a look at the link below
The LMIA required to claim the 50 point is different from LMIA work permit

https://www.dlapiper.com/en/canada/insights/publications/2017/03/canadian-employment-news-series-mar-2017/terminating-temporary-foreign-workers/

Employers that have nominated temporary foreign workers under the Provincial Nominee Program (“PNP”) are generally required to report to the appropriate provincial PNP office about a change of employment status. A change of employment status includes terminations, lay-offs and resignations. It is important for employers to be aware that the termination of temporary foreign workers who have a pending permanent residence application under the PNP may negatively affect their eligibility to become permanent residents, particularly in situations where the PNP approval was contingent upon maintaining arranged employment in Canada.

In accordance with the TFWP rules, employers must report to ESDC any change in the employment status of temporary foreign workers holding LMIA-based work permits.

The IMP rules do not require employers to report to ESDC or Immigration, Refugees and Citizenship Canada (“IRCC”), formerly Citizenship and Immigration Canada, a change in the employment status of temporary foreign workers holding LMIA-exempt work permits, regardless of whether their work permits are open or closed.
This doesn't say you are allowed to leave your job. All it says is that there is no obligation for your employer to report the fact you have left your job to IRCC.

Anyway - your life and your call.
 

Jessicasangha

Newbie
Jan 15, 2021
4
0
hello

I have PGWP which will expire in July 2022 and My Dual Intent LMIA has been approved yesterday. Do I must apply for a work permit and obtain it before using LMIA 50 points in express fed pool, or can I use Dual LMIA point now and apply for a work permit later?
 

Cptzvavi

Full Member
Apr 28, 2018
36
6
Can you please provide some info on your application when did you apply and which NOC and which province??



hello

I have PGWP which will expire in July 2022 and My Dual Intent LMIA has been approved yesterday. Do I must apply for a work permit and obtain it before using LMIA 50 points in express fed pool, or can I use Dual LMIA point now and apply for a work permit later?
 

ValGonzal

Star Member
May 29, 2021
112
0
Your lawyer is correct. If these 2 years are being used to claim points for 'Foreign Work Experience', then the LMIA also needs to be for the same occupation.
Heyyo Immonger,

Can someone with higher noc work exp, get lmia job in lower noc? Would that be possible? Merci! For exmaple: An accountant getting hired as a book keeper?
 

Sowgat

Full Member
May 17, 2019
30
0
Hi All,
Currently I’m working as a Financial Service Representative. I’ve been working with my current employer for 1 year 8 months, but my employer doesn’t have the policy to provide with LMIA. But, I’ve an LMIA offer form a different company as a Gas Station supervisor. What are the chances to get a rejection since the last occupation will be different? I’m in EE pool under CEC, 50 pints will be the saviour. Please help with some information.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
Hi All,
Currently I’m working as a Financial Service Representative. I’ve been working with my current employer for 1 year 8 months, but my employer doesn’t have the policy to provide with LMIA. But, I’ve an LMIA offer form a different company as a Gas Station supervisor. What are the chances to get a rejection since the last occupation will be different? I’m in EE pool under CEC, 50 pints will be the saviour. Please help with some information.
As long as the LMIA is for a NOC B role and you switch to work for that employer full time, you should be fine.
 
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