CANADA APPEAL LMIA

Old Dec 22nd 2014, 2:49 am
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Default CANADA APPEAL LMIA

Hi there, does anyone know if it is possible to appeal a rejected LMIA?

I am British, the company I work for is scientific / technical sales, they employed a Canadian who lasted 3 months, it took them a further 12 months to find me and now my LMIA has been refused.

Can anyone help??

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Old Dec 22nd 2014, 3:08 am
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Default Re: CANADA APPEAL LMIA

Hi,

I've moved your thread from the Welcome Inn, as that's just a place for newbies to introduce themselves and not really for specific questions.

Do you know why the LMIA was refused? You can usually resubmit the application if you can fix whatever the problem was.
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Old Dec 23rd 2014, 9:29 am
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Default Re: CANADA APPEAL LMIA

Hi,

My employer is an American hi tech company that is seeking to expand operations into Canada and appointed be as Territory Manager. My job is to achieve that expansion and the company are very pleased at my progress...we are doing business, paying Canadian taxes, giving business to Canadian companies...however their reason for refusal is that we are not big enough and have no fixed base here so they think there is no substance to the Company in Canada. Why bring me from the UK then, and how do you start big..perhaps we should have taken an office block!! Idiotic!

Any ideas?

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Old Dec 23rd 2014, 9:37 am
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Default Re: CANADA APPEAL LMIA

Originally Posted by flyer1946
Hi,

My employer is an American hi tech company that is seeking to expand operations into Canada and appointed be as Territory Manager. My job is to achieve that expansion and the company are very pleased at my progress...we are doing business, paying Canadian taxes, giving business to Canadian companies...however their reason for refusal is that we are not big enough and have no fixed base here so they think there is no substance to the Company in Canada. Why bring me from the UK then, and how do you start big..perhaps we should have taken an office block!! Idiotic!

Any ideas?

Flyer
LMIAs are much harder to get approved than the old LMO. If the local unemployment rate in the area, something like 6% or below, no LMIAs are approved at all. Unlike the old LMO, employers now have to list all Canadian applicants for a job and why they were not hired. Business size has nothing to do with the process.

If the company hiring you is a US company, it will be hard to get approved for you to work in Canada without them having a fixed presence in Canada (Canadian division). Perhaps they should hire you to work in the US and manage the territory from there.

There is no formal appeal process for the LMIA.
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Old Dec 23rd 2014, 10:44 am
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Default Re: CANADA APPEAL LMIA

Thanks Aviator...perhaps we need to form the Canadian company!
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Old Dec 23rd 2014, 10:50 am
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Default Re: CANADA APPEAL LMIA

Originally Posted by Aviator
LMIAs are much harder to get approved than the old LMO. If the local unemployment rate in the area, something like 6% or below, no LMIAs are approved at all. Unlike the old LMO, employers now have to list all Canadian applicants for a job and why they were not hired. Business size has nothing to do with the process.

If the company hiring you is a US company, it will be hard to get approved for you to work in Canada without them having a fixed presence in Canada (Canadian division). Perhaps they should hire you to work in the US and manage the territory from there.

There is no formal appeal process for the LMIA.
I presume you meant 6% or above?
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Old Dec 23rd 2014, 6:59 pm
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Default Re: CANADA APPEAL LMIA

Originally Posted by flyer1946
Thanks Aviator...perhaps we need to form the Canadian company!
Hang on, I'm confused. So there's no Canadian branch of the company yet? And you're being sent to start it up?

In which case, no wonder the LMIA was refused! What you need is an intra-company transfer TWP, which is a special TWP with provisions for those starting a Canadian branch of an established company. And no LMIA's required for it either.

International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – General requirements [R205(a)] (exemption code C12)

HTH.
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Old Dec 24th 2014, 4:25 am
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Default Re: CANADA APPEAL LMIA

Originally Posted by Novocastrian
I presume you meant 6% or above?
I did, thanks for the correction.
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