LMIA renewal?

Old Jan 3rd 2017, 2:32 pm
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Default LMIA renewal?

Hi,

Need some advice regarding LMIA renewal, my husbands expires end of July this year along with his TWP. We were waiting on an AINP application but was recently told it's been declined due to my husbands hourly wage not the same as the LMIA, which stated $38.50 but he was paid $33( they requested his pay slips). Anyway had some advice to just go ahead an apply for express entry instead, OH did the language test, then we were told he didn't have enough points for express entry. He's a pipeline supervisor and been employed in Canada for 3.5 years. Can anyone give some advice as to which way to go next? Husbands employer is fine with increasing his wage and backpaying too if that's what he needs to do, can you just renew an LMIA? Or do you have to apply all over again? Can he renew his work permit?

Thank you
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Old Jan 3rd 2017, 3:30 pm
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Default Re: LMIA renewal?

Originally Posted by Sasteleralle
Husbands employer is fine with increasing his wage and backpaying too if that's what he needs to do
If the information has already been supplied, how are you going to deal with sending it back altered to 'fit the system'. I feel sure there would be questions.
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Old Jan 3rd 2017, 3:49 pm
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Default Re: LMIA renewal?

It was just a genuine mistake that they've now rectified, my husband is the first foreign worker they've employed
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Old Jan 3rd 2017, 8:27 pm
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Default Re: LMIA renewal?

Originally Posted by Sasteleralle
It was just a genuine mistake that they've now rectified, my husband is the first foreign worker they've employed
It's got the potential to be a bit more serious than that - hopefully ESDC won't launch an investigation, but not paying a foreign worker the amount stated on their LMIA app is taken seriously and the employer could be banned from using the program again if found to have been non compliant.

Hopefully it won't come to that, but it's something you need to bear in mind, particularly for any future LMIA apps.

But to answer your initial question, yes, you would have to reapply for another LMIA, there's no way of extending it.

But I'm confused as to how he doesn't score enough for EE, you say you 'were told' but have you double checked that yourself? It's unlikely he wouldn't score enough with Canadian experience and a job offer. What is his score on the CRS?
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Old Jan 4th 2017, 4:37 am
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Default Re: LMIA renewal?

This doesn't sound good. By the time the LMIA was finally approved(husband was already working there on TWP as it was LMIA exempt at first) the downturn began, the company had many lay offs, OH was lucky to keep his job.

OH employer is paying for an immigration consultant who called yesterday to say we don't have enough points for EE, said it's his age (43) and because he's a supervisor.
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Old Jan 4th 2017, 5:24 am
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Default Re: LMIA renewal?

Originally Posted by Sasteleralle
This doesn't sound good. By the time the LMIA was finally approved(husband was already working there on TWP as it was LMIA exempt at first) the downturn began, the company had many lay offs, OH was lucky to keep his job.

OH employer is paying for an immigration consultant who called yesterday to say we don't have enough points for EE, said it's his age (43) and because he's a supervisor.
Not sure what him being a supervisor has to do with it? That would make him eligible, not ineligible!

But do double check your points yourself, don't rely on the consultant.

Unfortunately, his age will have a big impact on his points, but if I were you I would at least submit an EE profile in case the points requirement drop (if you're definitely not scoring enough to get selected). He's certainly eligible to apply at least! And assuming he's got an apprenticeship/further education, I think he might be close points wise to the cut off, but check it yourself and let us know exactly what he's scoring.
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Old Jan 4th 2017, 3:39 pm
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Default Re: LMIA renewal?

Originally Posted by Sasteleralle
It was just a genuine mistake that they've now rectified, my husband is the first foreign worker they've employed
Over 3½ years, for a 40 hour week, $5.50 an hour short, that's over $40,000 total shortfall on wages (plus vacation pay), some mistake - Nobody noticed or said anything? Out of interest, how did they remedy it?

I think I may have brought this up pretty pronto with my employer.

How does being a foreign worker make any difference?
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Old Jan 5th 2017, 3:34 am
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Default Re: LMIA renewal?

Lol I wish it was that much, but no he was with a different employer the first year, the second year his job was LMIA exempt and job offer stated $32 an hour. They consulted with an immigration consultant when they applied for the LMIA, he told them what the median wage is for the noc code, but the NOC codes don't really classify my husbands job. With regards to him being the first foreign worker, the whole process is so long and confusing, not to you probably, but for us and them it's a minefield! They've increased his wage and are in the process of calculating the back pay. With the downturn and everyone losing their jobs, his hourly wage just didn't seem that important.

I will check the points myself once my husband comes home, I did the quick check to see if we're eligible to apply and it says we are, thank you for responding and the advice
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Old Jan 5th 2017, 7:37 am
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Default Re: LMIA renewal?

Originally Posted by Sasteleralle
They've increased his wage and are in the process of calculating the back pay.
Nice for him, don't see it washing with ESDC though. Will look like shutting the door after the horse has bolted.
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