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Application for permanent Residence

Application for permanent Residence

Old Jun 2nd 2016, 10:57 pm
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Default Application for permanent Residence

Hello everyone,


I'm just looking for a little advice on my situation. My girlfriend and I are both currently in Canada on the IEC visa (approx. half way through the two years) and are interested in applying for permanent residence. We both have jobs that would come under skill type B going by CIC's list of occupations. As far as I can tell, express entry is an option for us. I'm just wondering if it is possible to ''boost'' our points total for the application by applying with a valid job offer. This shouldn't be a problem as we're already working, right? As long as our employers agree to it, would they have to complete a LMIA or no since we are in the country already? Is there any other requirements that I may be missing?


Thanks a lot in advance for any help!


Mark
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Old Jun 2nd 2016, 11:20 pm
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Default Re: Application for permanent Residence

A qualifying job offer (i.e. to get 600 points) has to be permanent and supported by an LMIA. An LMIA to support an application for PR (only) has no cost attached to it, but is no easier for the employer to apply for (other than there not being a cost).

Offer of employment – Skilled immigrants (Express Entry)

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Old Jun 2nd 2016, 11:36 pm
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Default Re: Application for permanent Residence

Originally Posted by Snowy560
A qualifying job offer (i.e. to get 600 points) has to be permanent and supported by an LMIA. An LMIA to support an application for PR (only) has no cost attached to it, but is no easier for the employer to apply for (other than there not being a cost).

Offer of employment – Skilled immigrants (Express Entry)

S
Thanks for that, very helpful. You mention the job offer must be permanent, does this mean if successful in the application process I have an obligation to remain in that job for a certain length of time or only that the employer intends on employing me indefinitely?
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Old Jun 3rd 2016, 12:01 am
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Default Re: Application for permanent Residence

Originally Posted by MarkS28
Thanks for that, very helpful. You mention the job offer must be permanent, does this mean if successful in the application process I have an obligation to remain in that job for a certain length of time or only that the employer intends on employing me indefinitely?
No once you have PR you could move and work for anyone.

However, your employer may tie you financially to them for a given period of time based on the fact that they paid for an LMIA. i.e. a 'if you terminate your employment within 1 year of the company successfully applying for an LMIA the employee would reimburse the employer for the costs incurred in obtaining said LMIA' clause.

I have a clause similar to this in my contract based on my company paying my relocation costs to Canada.
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Old Jun 3rd 2016, 12:03 am
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Default Re: Application for permanent Residence

But employers have to state that they will not recover any costs, either directly or indirectly (or similar wording) related to the LMIA from the TFW. It's illegal.

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Old Jun 3rd 2016, 1:08 pm
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Default Re: Application for permanent Residence

Originally Posted by Snowy560
But employers have to state that they will not recover any costs, either directly or indirectly (or similar wording) related to the LMIA from the TFW. It's illegal.

S
Got a link to that?
What is to stop someone who has just got PR from the employer deciding within say a week or two, to just quit and work somewhere else? Doesn't seem like it's a lot of benefit for the employer to go to the effort. Ok, it's likely a rare situation where an employee would do that.
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Old Jun 3rd 2016, 1:57 pm
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Default Re: Application for permanent Residence

Look at the LMIA application form.

A PR can work where they like but that isn't the same as asking whether an employer can recover costs associated with an LMIA from the TFW which they cannot.


S

Last edited by Snowy560; Jun 3rd 2016 at 2:03 pm.
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Old Jun 5th 2016, 5:42 pm
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Default Re: Application for permanent Residence

Originally Posted by Engineer_abroad
No once you have PR you could move and work for anyone.

However, your employer may tie you financially to them for a given period of time based on the fact that they paid for an LMIA. i.e. a 'if you terminate your employment within 1 year of the company successfully applying for an LMIA the employee would reimburse the employer for the costs incurred in obtaining said LMIA' clause.

I have a clause similar to this in my contract based on my company paying my relocation costs to Canada.
Relocation costs are one thing, LMIA are completely different - it wouldn't be legal for them to do so.

Originally Posted by Snowy560
But employers have to state that they will not recover any costs, either directly or indirectly (or similar wording) related to the LMIA from the TFW. It's illegal.

S
It is indeed.

Originally Posted by sharkus
Got a link to that?
What is to stop someone who has just got PR from the employer deciding within say a week or two, to just quit and work somewhere else? Doesn't seem like it's a lot of benefit for the employer to go to the effort. Ok, it's likely a rare situation where an employee would do that.
Yes, actually - and the company would suffer a penalty or could be refused LMIA's in future if they did so.

Hire a skilled worker to support their permanent residency – Program requirements | ESDC
Employers must be aware that Employment and Social Development Canada (ESDC), has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from foreign workers.
and
Attached Thumbnails Application for permanent Residence-esdc-lmia-application.jpg  

Last edited by Siouxie; Jun 5th 2016 at 5:58 pm.
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