A couple of questions

Old Jun 12th 2015, 6:00 am
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Default A couple of questions

Hello all,
I have a couple of questions.
If someone happened to be currently employed in Canada, Ontario specifically, via Intra-company Transferee, at a senior management level (NOC 0 I believe), and they did not have a LMIA / LMO (which I believe they would not, due to the intra-company transferee not requiring one) then if they wished to apply for PR using CEC, obviously now via Express Entry, then would their employer be required to obtain a LMIA for them?

If so, any idea wether it would cost the employer? Guessing perhaps the usual $1000 for a LMIA.
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Old Jun 12th 2015, 6:30 am
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Default Re: A couple of questions

Hi


Originally Posted by sharkus
Hello all,
I have a couple of questions.
If someone happened to be currently employed in Canada, Ontario specifically, via Intra-company Transferee, at a senior management level (NOC 0 I believe), and they did not have a LMIA / LMO (which I believe they would not, due to the intra-company transferee not requiring one) then if they wished to apply for PR using CEC, obviously now via Express Entry, then would their employer be required to obtain a LMIA for them?

If so, any idea wether it would cost the employer? Guessing perhaps the usual $1000 for a LMIA.
1. No, the employer doesn't have to obtain a LMIA for them, they just won't get the 600 points that the LMIA brings.
2. The employer can apply for LMIA that is only in support of PR application at no charge.
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Old Jun 12th 2015, 7:24 am
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Default Re: A couple of questions

Thanks for the answers. I had looked at the form for LMIA and it did mention something about no charge for the LMIA supporting PR application, but didn't think that applied.
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Old Jul 29th 2015, 5:11 am
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Default Re: A couple of questions

Just bumping this back up.

Does the person applying for PR using EE and the CEC route *need* the extra points that a valid LMIA would provide? I know there is a max of 1200, and so the 600 for the LMIA is 50% of that.

It's all somewhat confusing as the EE CEC route seems to be, from what I've read and been told, not overly favourable, in a points regard, to those here as intracompany transferees, and that seems a little odd to me.

Perhaps the CIC, when they look at the profile will see the person's current situation, figure out why there are here, and take that into consideration when selecting people for the pool.
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Old Jul 29th 2015, 5:33 am
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Default Re: A couple of questions

Originally Posted by sharkus
Just bumping this back up.

Does the person applying for PR using EE and the CEC route *need* the extra points that a valid LMIA would provide? I know there is a max of 1200, and so the 600 for the LMIA is 50% of that.

It's all somewhat confusing as the EE CEC route seems to be, from what I've read and been told, not overly favourable, in a points regard, to those here as intracompany transferees, and that seems a little odd to me.

Perhaps the CIC, when they look at the profile will see the person's current situation, figure out why there are here, and take that into consideration when selecting people for the pool.
No, the selection criteria is based purely on points. Anything else would be unfair, imo.

The points for LMIA would almost certainly guarantee an ITA. With no LMIA, it might still be ok as the last few draws have been around 450 points.

Best thing to do is work out how many points he gets at the moment here

http://www.canadavisa.com/comprehens...alculator.html

and then figure out if an LMIA is needed.
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Old Jul 29th 2015, 5:56 am
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Default Re: A couple of questions

Thanks for that link. Had a look at it and put in some basic info to have a look, and I think 475 would be the points they'd get without a LMIA.

In addition, when selecting "No" to the question: "Do you have a Qualifying Canadian Job Offer (supported by a Labour Market Impact Assessment)?"
A new option popped up: "Are you currently working in Canada on a work permit that is exempt from a LMIA by an international (eg. NAFTA) or federal-provincial agreement AND you have received a permanent, full-time job offer for a SKILLED position from your current Canadian employer?"

That's an interesting one, and does to me seem to indicate that if the offer had been made then the offer for full time would need to have a LMIA. Hmm.
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