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

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?

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

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

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?

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 :-)

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

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?

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

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.

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

Seems that they didn't look into immigration requirements until after the last interview?

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:

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

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

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.

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

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

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

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.

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

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.

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.

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

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.

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

Thanks Farmer on a bike

I would leave taxation to the consultant and employer to be honest, but info is useful to know :thumbup:

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

I spoke to three consultants who seemed to know what they were talking about and mentioned overlapping aspects of the LMIA process and that it was the employer who completed the process with some info from me. I also spoke with 2 others who it was clear didn't know what they were talking about.
All sourced from the website I got from this BE Forum https://iccrc-crcic.ca/find-a-professional/

The consultant didn't mean tax deductible for me but for the employer. She also said that If she completed the TWP, then the employer could recoup that cost from me if they chose to because it's normally a candidate cost. When I mentioned that to employer they didn't seem keen on the idea (my message above should've said "employer wasn't happy!").

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

:goodpost:
I remember seeing the employer must pay for the federal LMIA fees of $1000.
Is there a link that also includes their responsibility for fees to consultants for completion of LMIA?

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

Fast forward to today.... christmasoompa Siouxie Snowy560 Farmer on a bike
Thank you all for your contributions. Much appreciated!
I'm a bit slow coming back to this as I took the 1st vaccine couple weeks ago and had distracting reactions, but pretty much sorted now!

Had a catch up meeting with employer today after the HR Manager spoke with the consultant.
Though HR Manager & VP Sales still want to go ahead with my employment, HR Manager seems pretty averse to doing too much work towards the process. It seems that this is due to excessive costs and an excessive workload relating to a labour market reporting process for a foreign worker that they inherited when the company merged with another company. (Think it's a 'labour market benefits plan').

So this is what they proposed today and I wish I had come back to this Forum before my meeting!:
- We go with the LMIA process (as apposed to ICP - my preferred choice to go sooner rather than work over a year in UK for a company transfer).
- For me to connect with the consultant again to find out what she requires of me for my part of the process to ensure that I am willing to fully commit to the process (got meeting with the consultant tomorrow)
- They will pay the federal obligatory $1000 LMIA fee but for me to pay the consultant's fee ($3000) including work permit (I know the work permit is usually candidate's cost and can do that myself online at reduced costs). I agreed to pay the consultant fees with possibility/option of this being deducted from my salary after employment. OUCH!!
They/HR will be looking into that.
From the get-go I had said that I would meet the cost of the TWP, but more so from completion of it myself online. Seems that they are also associating that cost with the consultant fees.

What other associated fees are there with the LMIA process?
Would be grateful for a web link that indicates that employer must take on consultant fees as well as govt fee for LMIA!

- Once I am clear that I can commit to the above, to go back to them and they will give me the Letter of employment (with benefits starting after 3 months) to begin the process.
- They will provide the consultant with the required company info.
- To look at the possibility/feasibility with the consultant of me being onboarded/contracted while the process is being completed, i.e. that it would not be detrimental to my overall application

## the consultant had told the employer that I could apply for my PR after 1 year of Canadian work experience and that the TWP is for 2 years. HR Manager wanted some kind of reassurance that the PR would come through within the 2 years. I told her that it was a difficult question to answer at this stage because of possible delays but that I would be able to apply for work permit extension if needed to at a later date.
HR Manager seems to think that applying for work permit extension would require work for the employer (other than a standard letter of confirmation).
Anyone able to confirm if TWP extension is just for me to do without any work on the employer's part?

##OHIP - Ontario Health insurance - is this available to me after 3 months in the country? Employer Benefits would start within days of this starting


Many thanks :thumb:

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

https://cimg6.ibsrv.net/gimg/british...f3409da2b3.jpg


From the LMIA application form.. Employer responsibilities.

https://catalogue.servicecanada.gc.c...l?Form=EMP5627
https://catalogue.servicecanada.gc.c...l?Form=EMP5626

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

:goodpost:
Many Thanks Siouxie
Just read it! :thumbsup:

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

Yep, makes sense.

I'm confused as to why a consultant is necessary tbh, but that's their call I guess.

Nope, illegal, as above. If they want a consultant to do it, they'll have to pay for it.

The TWP isn't anything to do with the employer or consultant. A consultant isn't usually needed for a LMIA app unless it's likely to be complicated, but really isn't needed for a TWP app which you just get yourself at the airport when you arrive (no paperwork or forms required).

You need the LMIA first.

No problem at all as long as you're not working in Canada, if you're in the UK then that's fine.

I don't know how the consultant can possibly know that you'd get a 2 year work permit. You can get given anywhere between 6 months and 3 years.

As for PR, why wait a year? I'd see if you'd be eligible as soon as you have the job offer personally, leaving it a year is risky, remember you're tied to that employer so if they lay you off you can't work for anybody else on that work permit.

You'd need a new LMIA, you can't extend a TWP without one. So yes, same process for the employer if you don't have PR.

https://www.ontario.ca/page/apply-oh...card#section-2.

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

Many Thanks :goodpost:christmasoompa

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

When I am contracted in the UK by my new employer and will be working remotely, does that mean that I can contact their Canadian clients/prospective clients from the UK presumably, without it having any adverse affect on my LMIA app???

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

You can prospect anywhere you'd like.

The employer sounds shady. For their HR person not to have any grasping of immigration laws is a red flag and particularly trying to pass costs on to you.

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

JamesM HR manager was in all 4 of my interviews for the company, and the last interview was with the CEO & VP sales. The first interview was by herself.
She did say from the get go in the first interview that she didn't have any experience of LMIA process but had dealt with predominantly reminders for students permits, who were already in Canada. I will give her that.

The VP Sales would be my overall manager and he has been involved in all follow up meetings with HR manager and myself, but has left the details for her to deal with, as you can appreciate. He is the one who wants me to join the team from the UK to take part in the team training from January.

HR does seem to be dragging her feet and with the consultant.
She is also going on leave end of the week until the new year. I have sent her an email this evening for an update before she goes off on leave.

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

Fast forward to today....

Got to ask:
why do Canadian employers ( I have seen and heard of examples) keep candidates waiting for ages and then give them 1 day's notice or less to accept their 'job' offer!!???

I should have started work this week but have been offered a Subcontractor contract instead of an employee contract as expected, as above.:zzz:

Waiting for employer to clarify aspects of the contract, which I haven't signed and shared with them that it was an employee contract I was expecting, from our discussions.

My understanding from christmasoompa was that I could have a temp EMPLOYEE contract whilst in UK waiting for my paperwork (UK taxes paid and not Canadian) as apposed to subcontractor contract, that's right isn't it?

Many thanks:)

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

I have the same problem, but i can't find any good solutions

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

Not sure where I've said that, you'll certainly need to pay UK taxes if working in the UK (no matter whether you're an employee or self employed and working on a contract). But you can only be an employee in the UK if they have a UK entity, so that you can be on the payroll and they can pay your NI and employer tax etc. Is that the case?

It's not clear from your post though, is this contract for the Canadian job, or just for you working from the UK? If the UK, is there a time period on it and what is the purpose of you working for them in the UK (i.e. just for the training you mentioned above)?

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

Thanks for coming back christmasoompa with clarification.

I will be working for them in the UK for the job that I applied for whilst my work permit is being sorted.
It is a 3 month contract initially, which is extendable to match the time it takes for my permit to be completed.

You've clarified my query! Thanks.
No, I won't be working for their UK Welsh entity.

They have confirmed that the Sub contract is to comply with Canadian and British legalities; just wish they had forewarned me before sending it.

Having said that, all is well now as they have put in writing (and via the platform that I applied for the job from) that I would be treated as an employee and want to involve me with the team and the team's respective training.

Thanks again https://britishexpats.com/forum/imag...s/thumbsup.gif

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

Have you queried the contract with them?
Maybe their reasons and intentions are the same as my employer's???

I now have in writing that they will be treating me as an employee which takes pressure off me to sign the contract.

All the best with yours :)

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

Start my new job today!

At last!

YAAAY!

Thank you everyone who helped me with queries, concerns etc relating to this. I really appreciated your contributions in giving me clarity and peace of mind. :thumbsup:

All the best x

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

Congrats. Have they applied for the LMIA now?

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

Sorry for the delay in getting back to you christmasoompa

Yes the LMIA process has started.

Just to check...
info that I give to the Consultant for the LMIA job experience evidence, is it the same that I would use for the PR when the time comes?

Many thanks :thumb:

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

Probably not, but how are you planning on applying for PR?