Lmia to open work visa

Old Jan 7th 2019, 4:34 pm
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Default Lmia to open work visa

hi everyone I currently have an lmia which is a closed permit so I can only work for one company at a set wage. My question is I have been accepted for pnp and have already applied for PR via express entry but my question is can I go with my nomination letter and swap my lmia for an open work permit, not because I want to switch jobs but I could really be doing with a rise?
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Old Jan 7th 2019, 7:34 pm
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Default Re: Lmia to open work visa

Hi

Originally Posted by george82 View Post
hi everyone I currently have an lmia which is a closed permit so I can only work for one company at a set wage. My question is I have been accepted for pnp and have already applied for PR via express entry but my question is can I go with my nomination letter and swap my lmia for an open work permit, not because I want to switch jobs but I could really be doing with a rise?
1. Only if your closed work permit expires with in 4 months, are you eligible for a bridging open work permit.

This type of work permit lets you keep working while you wait for the results of your permanent residence application.

You may be eligible for a bridging open work permit if:
  • you applied for permanent residence
  • your current work permit expires in 4 months or less
  • you have valid status on your work permit
  • you are currently in Canada
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Old Jan 7th 2019, 7:47 pm
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Default Re: Lmia to open work visa

I have applied for PR but I also have 18 months left on my lmia, I was hoping to swap to a open permit so I could renegotiate my contract
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Old Jan 7th 2019, 11:18 pm
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Default Re: Lmia to open work visa

Hi

Originally Posted by george82 View Post
I have applied for PR but I also have 18 months left on my lmia, I was hoping to swap to a open permit so I could renegotiate my contract

1. Looks like you are out of luck then.
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Old Jan 8th 2019, 9:14 am
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Default Re: Lmia to open work visa

Originally Posted by george82 View Post
I have applied for PR but I also have 18 months left on my lmia, I was hoping to swap to a open permit so I could renegotiate my contract
Maybe I'm missing something, but why do you need an open work permit to renegotiate your contract? Why can't you do that anyway?

Are you being paid a fair rate for your job? You won't get PR anyway unless you're paid market rate.
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Old Jan 8th 2019, 2:15 pm
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Default Re: Lmia to open work visa

I’m being paid fair but living in bc with 4 kids is expensive so more would help
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Old Jan 8th 2019, 3:26 pm
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Default Re: Lmia to open work visa

My understanding was that the closed work permit sets a minimum wage, and doesn't prevent you from getting wage increases. While I was on a work permit I got pay raises and bonuses that in way affected my permit or ability to obtain PR.
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Old Jan 8th 2019, 3:37 pm
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Default Re: Lmia to open work visa

Wage is set per terms of lmia
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Old Jan 8th 2019, 4:26 pm
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Default Re: Lmia to open work visa

Originally Posted by george82 View Post
Wage is set per terms of lmia
see below which may help
Salary Increases And Temporary Foreign Workers Are You Compliant? - Immigration - Canada

Salary increases are possible provided employer still meets compliance rules.
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Old Jan 8th 2019, 4:37 pm
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Default Re: Lmia to open work visa

Originally Posted by Engineer_abroad View Post
see below which may help
Salary Increases And Temporary Foreign Workers � Are You Compliant? - Immigration - Canada

Salary increases are possible provided employer still meets compliance rules.

From the conclusion (it was written in 2015 so may no longer be accurate):
"... employers should seek legal advice prior to changing the wages or the terms of employment of any TFWs. This includes situations where a salary increase is contemplated, especially where the TFW is holding an LMIA-based work permit...."
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