FromUKtoBC

Thanks Farmer on a bike

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

FromUKtoBC

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!").

FromUKtoBC

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?

FromUKtoBC

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

Siouxie

From the LMIA application form.. Employer responsibilities.

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

FromUKtoBC

Many Thanks Siouxie
Just read it!

christmasoompa

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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FromUKtoBC

Many Thanks christmasoompa

FromUKtoBC

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???

JamesM

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.

FromUKtoBC

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.

FromUKtoBC

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.

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

Justin.S.92

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

christmasoompa

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)?

FromUKtoBC

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