LMIA Exempt - IMM 5802
Apr 2nd 2015, 7:32 pm
#1
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Joined: Dec 2013
Posts: 15
LMIA Exempt - IMM 5802
Hi, My son is a British citizen and is just coming to the end of his 2nd year IEC visa and would like to apply for a new work visa. He has been working for the same company since he arrived (construction NOC 7271) and that company would like to keep him on. When we do the Wizard tool on the CIC website it comes up that he is LMIA exempt and requests the employer completes form 5802. Has anybody else experienced this? We want to make sure we're not missing anything. Also, on point # 21 of the form, it asks for the title of LMIA exemption being requested - does anyone know what the answer should be here??
Any advice much appreciated!
Any advice much appreciated!
Apr 2nd 2015, 7:39 pm
#2
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: LMIA Exempt - IMM 5802
Hi
1. He is not eligible for a 2nd IEC, so if the company wishes him to continue to work, they are going to have to get an approved LMIA after the usual advertising, paying fee, and demonstrating that there are no CCs/PRs available or qualified for the work.
2. I have no idea why the wizard comes up with that, unless he is inputting some incorrect information. His occupation doesn't fall into any of the codes contained in Question 21.
Hi, My son is a British citizen and is just coming to the end of his 2nd year IEC visa and would like to apply for a new work visa. He has been working for the same company since he arrived (construction NOC 7271) and that company would like to keep him on. When we do the Wizard tool on the CIC website it comes up that he is LMIA exempt and requests the employer completes form 5802. Has anybody else experienced this? We want to make sure we're not missing anything. Also, on point # 21 of the form, it asks for the title of LMIA exemption being requested - does anyone know what the answer should be here??
Any advice much appreciated!
Any advice much appreciated!
2. I have no idea why the wizard comes up with that, unless he is inputting some incorrect information. His occupation doesn't fall into any of the codes contained in Question 21.
Last edited by PMM; Apr 2nd 2015 at 7:42 pm.
Apr 2nd 2015, 7:48 pm
#3
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Re: LMIA Exempt - IMM 5802
Thanks PMM. I know he isn't eligible for another IEC as he is finishing his 2nd one atm. We are certainly not inputting incorrect information into the wizard. I have worked the CIC system for the last several years on our own work/IEC/PR applications so am baffled as to why it's coming up with the IMM5802. Apparently it's due to new procedures that came into place in February
Apr 2nd 2015, 7:51 pm
#4
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: LMIA Exempt - IMM 5802
Hi
1. Go back to the 5802 look at Q21, click on the down arrow, it lists all the programs for LMIA exemption. He has to fall into one of those, the actual full list is here: International Mobility Program: LMIA exemption codes
Thanks PMM. I know he isn't eligible for another IEC as he is finishing his 2nd one atm. We are certainly not inputting incorrect information into the wizard. I have worked the CIC system for the last several years on our own work/IEC/PR applications so am baffled as to why it's coming up with the IMM5802. Apparently it's due to new procedures that came into place in February
1. Go back to the 5802 look at Q21, click on the down arrow, it lists all the programs for LMIA exemption. He has to fall into one of those, the actual full list is here: International Mobility Program: LMIA exemption codes
Apr 2nd 2015, 7:53 pm
#5
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Joined: Dec 2013
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Re: LMIA Exempt - IMM 5802
Yes, I understand that. Hence the reason I came on here to see if anybody else has experienced the same thing.
Apr 5th 2015, 9:19 pm
#6
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Posts: 34,035
Re: LMIA Exempt - IMM 5802
As PMM's said, he'll need a LMIA for a new TWP.
HTH.
