IECs and LMIAs

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Old Apr 18th 2022, 6:23 pm
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Default IECs and LMIAs

My son, whose RO (Registered Organisation) IEC work permit ends June this year, has been a full-time employee for a large Canadian firm since February 2022. It was an advertised job which he applied for and was interviewed alongside several Canadians. He got the post due to his prior work experience and qualifications. The company are willing to apply for an LMIA for him, but what would his next steps be? He wants to apply for PR under the PNP program in British Columbia, but will he have to apply for another work permit before that? It looks like the only one available is a second IEC, through the RO program, which are all full.

Thank you.
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Old Apr 18th 2022, 7:26 pm
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Default Re: IECs and LMIAs

Originally Posted by timballs
My son, whose RO (Registered Organisation) IEC work permit ends June this year, has been a full-time employee for a large Canadian firm since February 2022. It was an advertised job which he applied for and was interviewed alongside several Canadians. He got the post due to his prior work experience and qualifications. The company are willing to apply for an LMIA for him, but what would his next steps be? He wants to apply for PR under the PNP program in British Columbia, but will he have to apply for another work permit before that? It looks like the only one available is a second IEC, through the RO program, which are all full.

Thank you.
If he wants to apply for PR through PNP, then getting a work permit through PNP is probably the best option. Page 16 in the PNP guide https://www.welcomebc.ca/getmedia/04...ion-Guide.aspx
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Old Aug 2nd 2022, 7:50 pm
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Default Re: IECs and LMIAs

I'm following up my original post seeking more advice for my son. Despite my son's employer saying they would apply for an LMIA for him, through the layers of management of a large company, the people at the top said no. His work permit was about to expire, he hired an immigration lawyer and applied for an extension to his visa, but it was rejected (I presume on the grounds that there was no LMIA). So he's just devastated. He loved his job, was very, very good at it and highly thought of by the people he worked with. When his extension was rejected (about 3 weeks ago now), he was advised that he had 90 days to leave the country unless he could find another employer who would nominate him and then his work visa could be restored.

They have left him in the lurch, having to return a company car, after selling his own car, and find someone to take over the lease on his accommodation which he would be liable for. I'm very angry about it. His lawyer said that his employer (a very large Canadian brewery company I'm trying not to name) should never have hired him back in February without applying for an LMIA in the first place. What made it all worse, just 2 weeks before his visa was due to expire, my son had been first on the scene at what turned out to be a fatal stabbing. He has a lot of first aid training and kept the guy alive until the paramedics got there, but the guy passed away in the ambulance. My son was just traumatised by the whole event, but only took a day off work to recover. He said at the time all he could do was concentrate on his job and couldn't cope with the added pressure of his work visa. Hence why everything happened at the last minute

So at the moment, it seems his only option is to find an employer who is willing to apply for an LMIA for him then he can apply for a work visa restoration. I looked at the BC PNP work permit, but I believe he has to show funds of just under $14,000 as well as find another employer.

Does anyone know employers in BC or Alberta who would do an LMIA for him? He's been a restaurant manager, bar manager, lifeguard, and ultimately a very good sales rep for that bloody brewery company and always exceeded his monthly sales targets. He's 26 and a very nice guy.

Thank you.
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Old Aug 3rd 2022, 1:41 pm
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Default Re: IECs and LMIAs

Originally Posted by timballs
I'm following up my original post seeking more advice for my son. Despite my son's employer saying they would apply for an LMIA for him, through the layers of management of a large company, the people at the top said no. His work permit was about to expire, he hired an immigration lawyer and applied for an extension to his visa, but it was rejected (I presume on the grounds that there was no LMIA). So he's just devastated. He loved his job, was very, very good at it and highly thought of by the people he worked with. When his extension was rejected (about 3 weeks ago now), he was advised that he had 90 days to leave the country unless he could find another employer who would nominate him and then his work visa could be restored.

They have left him in the lurch, having to return a company car, after selling his own car, and find someone to take over the lease on his accommodation which he would be liable for. I'm very angry about it. His lawyer said that his employer (a very large Canadian brewery company I'm trying not to name) should never have hired him back in February without applying for an LMIA in the first place. What made it all worse, just 2 weeks before his visa was due to expire, my son had been first on the scene at what turned out to be a fatal stabbing. He has a lot of first aid training and kept the guy alive until the paramedics got there, but the guy passed away in the ambulance. My son was just traumatised by the whole event, but only took a day off work to recover. He said at the time all he could do was concentrate on his job and couldn't cope with the added pressure of his work visa. Hence why everything happened at the last minute

So at the moment, it seems his only option is to find an employer who is willing to apply for an LMIA for him then he can apply for a work visa restoration. I looked at the BC PNP work permit, but I believe he has to show funds of just under $14,000 as well as find another employer.

Does anyone know employers in BC or Alberta who would do an LMIA for him? He's been a restaurant manager, bar manager, lifeguard, and ultimately a very good sales rep for that bloody brewery company and always exceeded his monthly sales targets. He's 26 and a very nice guy.

Thank you.
He hired an immigration lawyer and their solution was to apply for an extension to an IEC visa?! I hope he got his money back at least, that was atrocious advice. The lack of LMIA wouldn't have made a difference, as IEC's don't require a LMIA, but they simply can't be extended.

To be brutally honest, he's going to have to accept that he'll need to leave Canada. Unfortunately, he could have switched to visitor status and then stayed indefinitely, but as he's now been given a specific date to leave the country by, that's not possible. Even if he finds an employer tomorrow prepared to sponsor him, it's not likely to happen within 90 days (around 3-4 months for the LMIA usually).

So I'd suggest he concentrates on trying to find a way back asap. Is he eligible for PR? Get him to check that first. I assume not, as otherwise he would have applied for it a long time ago (which would have meant he could have stayed until he got it, with a Bridging Open Work Permit), but it's worth him checking now to see if he might be eligible for something that he wasn't previously.
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