Canada with job offer

Old Dec 10th 2014, 10:35 am
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Default Canada with job offer

Hi guys,

So glad I found this site, so much more/clearer info than anywhere else I've looked. I'm looking for some advice specific to my situation.

My wife and I currently live in UK, we're both 30. My wife has applied for and been offered a job in Canada. However the company has suggest it won't 'pass' the LMIA on account of there being alternative suitable Canadian applicants.

I am an Independent Financial Advisor with 8 years experience.

We intend to seek some legal advice on the fiasability of making the move, and I have read as much of the Wiki section as I can! However there isn't too much info for those who have a job offer already and I'd be grateful of any advice before we speak to someone at cost!!!!

Does my wife's job offer make Visa application easier?
Could we both apply based on her offer of work?
'the List' has jobs which don't match my job title but do match my area of work, how is this viewed?

Thanks in advance for any assistance. If any further info would assist, please ask.

Matt
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Old Dec 10th 2014, 10:45 am
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Default Re: Canada with job offer

Having a job offer is no guarantee that the job will be filled or given to your OH.
As you stated will the job offer pass the smell test for the LMIA. The positive LMIA needs to be issued then that guarantees the job. Then you would be free to move to Canada and she would be issued with a work permit. Depending on the job NOC skill level you might be eligible for a spousal open work permit.

Read this link for an overview of the TFW and LMIAs
Temporary Foreign Workers | ESDC
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Old Dec 10th 2014, 11:24 am
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Default Re: Canada with job offer

Many businesses are much keener to find Canadian employees now the old LMA fee of $100 has gone to the LMIA fees of $1000. Applications for foreign workers are down around 78%.

Not sure what legal advice will do for you, there are no legal obligations on a company to hire foreign workers. If the company are saying they have suitable Canadian candidates there is no way they would get a LMIA approved, so I doubt they'd would spend the money on trying.

The job responsibilities you carried out are more important to the process than actual job title. This may be worth investigating.
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Old Dec 10th 2014, 12:58 pm
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Default Re: Canada with job offer

Hello and welcome to BE!

You haven't said which Province the job is in, but it could be worth looking into Provincial Nomination (where the employer offers you a job and puts in an application to the Province for nomination for PR).

I don't know what the current requirements are (as in if you need an LMIA or not) but have a look at the Provincial website that you can find here:

Determine your eligibility – Provincial nominees

Bear in mind it's all changing from January 1st 2015 to the Express Entry System.

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Old Dec 11th 2014, 12:43 am
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Default Re: Canada with job offer

Originally Posted by MattHaigh
Does my wife's job offer make Visa application easier?
Only if the company are willing to support either a LMIA application or PNP application - the former you say isn't an option, is the latter? If she doesn't have their help, there's no way she can get a visa on her own, regardless of the job offer.

Originally Posted by MattHaigh
Could we both apply based on her offer of work?
'the List' has jobs which don't match my job title but do match my area of work, how is this viewed?
As FL has said above, it will depend on your wife's job - you may be eligible for a Spousal Open Work Permit, but you may not if her job isn't classed as skilled.

Originally Posted by MattHaigh
'the List' has jobs which don't match my job title but do match my area of work, how is this viewed?
The job title doesn't matter at all, what would have mattered is that you did the duties listed under it and could prove it (via things like references etc). But there's no point in looking at 'the list' now tbh, as it's about to be superseded by the new Express Entry system, and you wouldn't have time to get an application together before that comes in I wouldn't think.

HTH a bit, best of luck.
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Old Dec 11th 2014, 1:43 am
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Default Re: Canada with job offer

If you are both currently 30, then maybe IEC might be an option?
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