Work permit (for software developer) w/o LMIA or GTS?

[davidbarts]

So, I have a job offer (software developer) from an employer in Canada that’s not willing to do an LMIA or get on the Global Talent Stream. They want me to start no more than three months in the future. I do not have any existing Canadian work permit or residency (currently US citizen and resident). As I understand it, that basically means the job offer is purely theoretical since the only work permit options available to me require one or the other of {LMIA, GTS}. They seem to believe otherwise, and that I should be able to get a work permit on my own without any involvement on their part.

Since they also at one point thought a CUSMA work permit was a viable option for a software engineer until I schooled them otherwise (it is not; “computer systems analyst” is NOC 2171 which explicitly excludes NOC 2174), I am chalking this up to their personnel department basically not knowing jack sh*t about Canadian immigration law.

Or am I all wet and is there some way that I am unaware of?

 

[sb22651]

Do they know you don't have work authorization when they offered you the job?

 

[scylla]

So, I have a job offer (software developer) from an employer in Canada that’s not willing to do an LMIA or get on the Global Talent Stream. They want me to start no more than three months in the future. I do not have any existing Canadian work permit or residency (currently US citizen and resident). As I understand it, that basically means the job offer is purely theoretical since the only work permit options available to me require one or the other of {LMIA, GTS}. They seem to believe otherwise, and that I should be able to get a work permit on my own without any involvement on their part.

Since they also at one point thought a CUSMA work permit was a viable option for a software engineer until I schooled them otherwise (it is not; “computer systems analyst” is NOC 2171 which explicitly excludes NOC 2174), I am chalking this up to their personnel department basically not knowing jack sh*t about Canadian immigration law.

Or am I all wet and is there some way that I am unaware of?

You're right. The job offer is unfortunately useless without the employer being willing to support either the LMIA or GTS process.

 

[YVR123]

Most employers will assume that when you applied for a job, you have the legal status for work for them.
If you didn't indicated it in your application, they have no obgation to be prepared to apply a work permit for you.

I recently saw an ad on software development that clearly stated that they will not assist in application of work permit. I guess too many who can't work applied.

 

[davidbarts]

Do they know you don't have work authorization when they offered you the job?

Yes. I was quite open and frank about my general situation throughout the whole process. I mentioned this fact in most of my interactions with them that led up to the job offer.

 

[sb22651]

Yes. I was quite open and frank about my general situation throughout the whole process. I mentioned this fact in most of my interactions with them that led up to the job offer.

What do you mean open and frank? And what is "this fact"?

Again, do they know you're not allowed to work in Canada when they offered you the job?

 

[YVR123]

Yes. I was quite open and frank about my general situation throughout the whole process. I mentioned this fact in most of my interactions with them that led up to the job offer.

This is odd. Won't their HR flag it?

 

[scylla]

This is odd. Won't their HR flag it?

IMO their HR has in fact already taken a clear stance and flagged what they will and won't do. They aren't willing to support the work permit process in any way. They are willing to give the OP a job offer but it's up to the OP to secure a work permit. Basically this situation is only viable if the OP has an open work permit due to being on a PGWP or having a spouse who is a foreign worker or student in Canada or having an OWP / SOWP.

 

[davidbarts]

What do you mean open and frank? And what is "this fact"?

Again, do they know you're not allowed to work in Canada when they offered you the job?

Yes, I told them of my current status, as US Citizen without Canadian residency or a work permit. And I did so more than once. I wanted to end the whole process early, quickly, and painlessly if it was not something they were willing to pursue in all of its ramifications. (Ha, ha, that sure did not work out.)

 

[davidbarts]

This is odd. Won't their HR flag it?

My guess is that their personnel department was operating under what I call “the child’s concept of NAFTA.” (Yes, it’s not called “NAFTA” anymore, but everyone knows that was its original name.) Namely, to realize what the FT stands for, and to assume, “hey, free trade, open borders baby.”

I say so because of their initial advice to apply for a CUSMA work permit, and their surprise upon learning that this trade agreement was not quite the golden ticket to a fast, easy, no-questions-asked work permit that they imagined it to be.

TFW you realize you know more about Canadian immigration law than the personnel department of the firm trying to hire you.

 

[sb22651]

My guess is that their personnel department was operating under what I call “the child’s concept of NAFTA.” (Yes, it’s not called “NAFTA” anymore, but everyone knows that was its original name.) Namely, to realize what the FT stands for, and to assume, “hey, free trade, open borders baby.”

I say so because of their initial advice to apply for a CUSMA work permit, and their surprise upon learning that this trade agreement was not quite the golden ticket to a fast, easy, no-questions-asked work permit that they imagined it to be.

TFW you realize you know more about Canadian immigration law than the personnel department of the firm trying to hire you.

Its not the companies' problem to get you a permit, unless they say they will be applying for it on your behalf.

 

[lamaj_mc]

Hey, I know this team https://computools.com/. They might work with Canadian projects as well.