British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration & Citizenship (Canada) (https://britishexpats.com/forum/immigration-citizenship-canada-33/)
-   -   Job OFFER subject to reference - URGENT visa Helpp - (https://britishexpats.com/forum/immigration-citizenship-canada-33/job-offer-subject-reference-urgent-visa-helpp-941508/)

FromUKtoBC Nov 11th 2021 12:16 am

Job OFFER subject to reference - URGENT visa Helpp -
 
Hi
I haven't been on this Forum for a little while...

I have just had a series of interviews. Although the Canadian company that I want to work for (a 4 staged interview process with them for the same job) haven't officially offered me a job yet, but they have requested references, background check release form andnow wish to discuss visa options with me tomorrow (referees have already provided responses).

They are aware that LMIA is required for me to have a work permit, and wasn't phased by it. They have a company branch in Wales ( i live in England).

I haven't looked at visa options for some time other than work permit/LMIA, nor checked CRS scores; the last CRS Score was a little low a couple years back. (i think bordering 400 CRS?)
I would be travelling alone, no dependents. I am over 45 years. My IELTS test has expired. WES qualification credentialization is still valid. police check expired, but my consent to the Reference release Form for the Background check gave the company to do police check if required.

Looking for a summary please of my possible options for a visa/work permit and preferably PR....

Any suggestions of which possible routes I could take?

Thanks in advance
Jennifer



christmasoompa Nov 11th 2021 11:39 am

Re: Job OFFER subject to reference - URGENT visa Helpp -
 
Congrats on the imminent job offer.

No FSW invites have been sent for a year, but before that it was around 460/470 for an invite, it'll probably be higher once they restart FSW apps as so many people are waiting.

To get you over there, a LMIA/TWP is likely to be your quickest/easier route.

But which province and what's the job? PNP may be possible too. And re: PR, what's your CRS score now, and what would it be with a year's worth of Canadian work experience?

FromUKtoBC Nov 11th 2021 12:05 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 
Thanks Christmasoompa.

LMIA/TWP was what i was thinking as quickest route.
Ontario.
NOC 6411 sales

will check CRS

christmasoompa Nov 11th 2021 12:35 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by FromUKtoBC (Post 13070362)
Thanks Christmasoompa.

LMIA/TWP was what i was thinking as quickest route.
Ontario.
NOC 6411 sales

will check CRS

Right. One issue you have is that your NOC code isn't classed as 'skilled', it's Skill Level C which is going to limit your options for gaining PR as PNP won't be an option. It may even mean you can't get PR at all.

Is that definitely the best NOC code for the job? What's the closest NOC code to your previous sales experience? And do you have experience in other 'skilled' NOC codes?

FromUKtoBC Nov 11th 2021 4:14 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 
The more relevant code is: Technical sales specialists - NOC 6221, Skill level B, as it is a 'software sales' job which requires 'specialized training'.

I have also had self employment sales experience.
I have managerial and HR experiences also, but these were some time ago (00 & A skill levels).

I will go through CRS scores again.

Have had meeting with prospective employer who want to explore other options than LMIA because they say it is labour intensive - filing reports for up to 2 years after employing the person.


They want me to check with approved immigration consultants about other BEST possible routes.

They would be happy to employ me in the UK and then transfer me to Canada, but Intra Company Transfer requires at least 1 year employment in UK before I could go. It is an option that I am willing to explore but really prefer to go to Canada ASAP!

PNP may not be an option because I won't have been working in sales within 5 years of applying for PNP and my iELTS language cert has expired!

QUESTION:
- Would their letter of employment still be valid for POE work permit without LMIA?
- Does anyone have names of effective federal APPROVED Canadian consultants in Ontario who are familiar with Ontario immigration laws?
- Other options?

Many thanks :-)

christmasoompa Nov 15th 2021 4:36 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by FromUKtoBC (Post 13070441)
- Would their letter of employment still be valid for POE work permit without LMIA?

What do you mean without LMIA? There's no way to get a work permit without a LMIA unless you come under one of the exemptions (i.e. Intra Company Transfer). From what you've said none of those apply to you.

Got to be honest, this is all ringing alarm bells with me. The company aren't asking you for money are they? Are they paying for the lawyer they want you to have a consultation with?

FromUKtoBC Nov 17th 2021 9:53 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by christmasoompa (Post 13072082)
What do you mean without LMIA? There's no way to get a work permit without a LMIA unless you come under one of the exemptions (i.e. Intra Company Transfer). From what you've said none of those apply to you.

Got to be honest, this is all ringing alarm bells with me. The company aren't asking you for money are they? Are they paying for the lawyer they want you to have a consultation with?

I have been told by 2 separate immigration Consultants that the job level B would qualify for Intra Company Transfer.

I have had initial 15 - 30 minute free consultations with 4 Consultants to query possible routes. They've all said LMIA required except Intra Company Transfer route.
1 Consultant said it's possible for the company to apply for LMIA exemptions which she does on a regular basis at a cost of $230.

Only 1 Consultant wanted me to pay for completion of a questionnaire so that he could identify which programs I might be eligible for.
I didn't do that because there was no mention at any time about the employer and the work permit. He wouldn't speak to me but kept pushing the questionnaire and $200 ($250 CAD for 24 hour response from him!).:blink:

No, no money requested by company nor would I offer any!

I have been through 4 stages of interviews with them, they've obtained 3 references and in addition, hired a third party Background check company to complete the recruitment process.
The employment offer includes starting at their UK branch if I wanted to do that.

They've had an experience where through a company merger, they've acquired a worker who was employed through an immigration program which requires regular reporting (maybe Global Talent Stream). Seems LMIA was involved in that program and the employer thinks that it's the LMIA that's creating the need for all reporting, rather than the program requirements. Because of that, they are feeling pretty reluctant about going down LMIA route.
Consultants confirmed that it's not the LMIA.

From our meeting last week, it was obvious they didn't know much about immigration rules. Also, they did say that they hadn't felt that they'd advertised the job for long enough for LMIA.

And no, I don't believe there's any foul play on their part.

FromUKtoBC Nov 17th 2021 9:58 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 
Seems that they didn't look into immigration requirements until after the last interview?

FromUKtoBC Nov 19th 2021 5:44 am

Re: Job OFFER subject to reference - URGENT visa Helpp -
 
Had follow up meeting with employer yesterday and gave them feedback from discussions with immigration Consultants.

Managed to persuade them that LMIA is the only route forward other than Intra Company Transfer, and that the reporting workload that they've acquired from the merger is likely to be the immigration prog rather than the LMIA!

They asked which was the preferred Consultant that I would want to work with and asked me to set up an Introduction between HR Manager and that Consultant, which I've done for them to get more clarity about the LMIA process.

We'll meet again next week after HR Manager has had conversation with Immigration Consultant.
They're main concern now with working with immigration Consultant is the possibility of losing me as their candidate of choice but the Consultant knows her stuff and with 35 years of working with LMIA's!

I am both hopeful and thankful right now that a pathway is being opened, at least at this stage!:starsmile:

christmasoompa Nov 19th 2021 8:45 am

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by FromUKtoBC (Post 13072970)
I have been told by 2 separate immigration Consultants that the job level B would qualify for Intra Company Transfer.

Once you've done the year working in the UK.


Originally Posted by FromUKtoBC (Post 13072970)
No, no money requested by company nor would I offer any!

That's good. It's just all a bit odd tbh, that they've asked you to find a lawyer, that they have changed the NOC code etc. Remember that to get the LMIA you'll need to show relevant recent experience, and that you are more qualified than any Canadians, so the NOC code will need to match your experience.

Just make sure that they pay for the consultant and all associated fees, you shouldn't have to pay a thing. Hope the consultant can find a way to get the LMIA, good luck.





FromUKtoBC Nov 19th 2021 8:59 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by christmasoompa (Post 13073518)
Once you've done the year working in the UK.

YES:thumbup:

That's good. It's just all a bit odd tbh, that they've asked you to find a lawyer, that they have changed the NOC code etc.
Think it's more about their lack of immigration knowledge and HR Manager feeling overwhelmed with having to do regular reporting for the Global Talent Stream prog and believed that it was the LMIA that created that extra work for them, but it was the program itself.

I have benefited from speaking with the Consultants and have a little more awareness now of how they work and feel part of the process rather than the employer telling me that they have someone to deal with it.
The employer emphasised 'Consultant' as apposed to Lawyer because of the expense. It was pretty easy to find Consultants from the official website for regulated immigration consultants.


It's me that changed the NOC code when I looked at the roles again.

Remember that to get the LMIA you'll need to show relevant recent experience, and that you are more qualified than any Canadians, so the NOC code will need to match your experience.
I have 12 years sales experience.

Just make sure that they pay for the consultant and all associated fees, you shouldn't have to pay a thing. Hope the consultant can find a way to get the LMIA, good luck.

The consultants gave me their fees and said it was a business expense, 100% deductible. 1 of them suggested that the employer could deduct the fees for completion of TWP from my salary, but employer was happy with that idea.

They are really nice people



Farmer on a bike Nov 19th 2021 9:56 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by FromUKtoBC (Post 13073803)
The consultants gave me their fees and said it was a business expense, 100% deductible. 1 of them suggested that the employer could deduct the fees for completion of TWP from my salary, but employer was happy with that idea.

They are really nice people

I would be talking to an accountant, not an immigration consultant on taxation. Expenses to bring in an employee are a deductible expense for the employer, so long as they don't try and recover it. If they recover it, it is then contra as income to them. You are taxed on the gross salary amount and the deduction would be after tax income. It would only be a deductible income if you moved within Canada to be closer to a job, not coming from overseas.

Siouxie Nov 20th 2021 3:17 pm

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by FromUKtoBC (Post 13073803)
The consultants gave me their fees and said it was a business expense, 100% deductible. 1 of them suggested that the employer could deduct the fees for completion of TWP from my salary, but employer was happy with that idea.

They are really nice people

The employer can't require you to pay for the LMIA or the Immigration consultants fees- they are working on behalf of the employer... find a different Immigration Consultant - and ensure that they are authorised - there are a lot of dodgy ones out there. https://iccrc-crcic.ca/find-a-professional/
https://www.canada.ca/en/immigration...uthorized.html.
https://iccrc-crcic.ca/complaints-pr...inary-actions/

It's not a tax deductible expense for you and never could be... it would be a tax deductible expense for the employer.

Snowy560 Nov 21st 2021 3:15 am

Re: Job OFFER subject to reference - URGENT visa Helpp -
 
I haven't read this whole thread but just remember that it is illegal for the employee to be required to pay directly or indirectly for the LMIA or LMIA process. The employer has to sign to this effect on the LMIA application.

However, it isn't illegal if you pay a licensed immi consultant to apply for a WP for you after getting the LMIA. Hopefully the employer pays for that bit too, but sometimes they don't.

christmasoompa Nov 21st 2021 8:44 am

Re: Job OFFER subject to reference - URGENT visa Helpp -
 

Originally Posted by FromUKtoBC (Post 13073803)
The consultants gave me their fees and said it was a business expense, 100% deductible. 1 of them suggested that the employer could deduct the fees for completion of TWP from my salary, but employer was happy with that idea.

They are really nice people

That one doesn't know the law then, steer clear of them. The employer really needs to be sorting this and paying for all of it. Frankly, your input should be minimal, other than supplying an occasional document when requested to by a consultant.


All times are GMT. The time now is 4:10 am.

Powered by vBulletin: ©2000 - 2022, Jelsoft Enterprises Ltd.
Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.