Sammilc

Hi all,

I have potentially found an employer willing to pay for my lmia/twp to get over to Canada before the end of the year. He has been trying to fill management positions in his company for months but is really struggling to find people. The idea is that we would move out asap on a twp and then apply for pr from within Canada (I already have an express entry profile active, have been waiting for an ita).

My question is this: it seems from the website that twp will only be issued for a job with an end date, but that's not really the case with this job. Can he just make the job offer for a 2 year contract for the sake of the work permit application and then we use the job offer once in Canada to apply for express entry? Or is there a better way of going about this? He wants me to start in September

cheers!

EDITED: I should maybe add that I work in hospitality management

christmasoompa

Yep, that's fine.

You might want to warn him that Sept isn't likely though, if he hasn't even applied for the LMIA yet. They usually take around 3-4 months.

HTH.

Sammilc

Oh I didn't realise lmia took that long! I thought after the 4 week advertising period it came in within a couple of weeks! Well that is a blow but nothing you can do I suppose! Thanks for the help 😄

christmasoompa

Allegedly, if you're in certain occupations or the salary is in the top 10%, processing is priority and should take 2 weeks - but I've yet to hear of a single case being processed that quickly! They all seem to take the same amount of time.

Sammilc

Out of interest, can you apply for twp with an hourly paid job offer or does it have to be an annual salary?

christmasoompa

The forms actually ask for an hourly rate anyway.

HTH.

Sammilc

Hi! I have some further questions related to this topic. Our employer in Canada is putting together the lmia application for me.

right now, we have an open profile with cic for express entry under fsw stream (I am the PA and sponsoring my common law partner). We have 442 points which is enough to receive an ITA but we were saving to have the £15530 necessary for the application to be accepted (I have withheld from uploading our IELTS test scores to keep our CRS points low enough to not receive an ITA until after we have enough money, but once they are added we would have 442).

So what I'm wondering is: if my employer draws up a job contact for me for only 3 months on the proviso that they need an extra manager through the Christmas period, then the lmia should be processed in 2 weeks and we should be able to move out at the beginning of october.

If we did that, could we apply for pr from within Canada? And if so, if it didn't come through before the job contract on our lmia ended, could i get implied status to stay in the job? And as I'm bringing my common law partner with me, could he get implied status too? Or would doing this be too risky?

hope this all makes sense

christmasoompa

If it's granted, then it may be processed within 2 weeks if the job meets the criteria. But in all honesty, that doesn't sound the kind of job that would qualify for a LMIA. Worth a try though.

Yes you could apply for PR from within Canada. No implied status for either of you though, implied status is only relevant when you're applying to extend or renew a status/permit -

"If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying."

If you're going to spend a few thousands on flights, accommodation etc, to work in Canada just for 3 months, then wouldn't you be better off just saving that money in the UK and being able to apply for PR sooner?

Sammilc

We were just trying to think of a way to minimise the LMIA processing time really, but if we can't get implied status then yeah it isn't worth it so we'll stick to the original plan of a 2 year work contract. Thank you for the response!

christmasoompa

What's the NOC code and hourly rate? And which province is the job in? Just wondering about other options instead of a 'normal' LMIA.

Sammilc

Noc is 0631 and the provence is BC. not certain yet what the hourly rate is as they're providing that info this week, however I think they will offer my somewhere between 19-20cad per hour as that is the normal rate for this kind of work

christmasoompa

OK, so the job wouldn't have qualified for expedited 10 day processing anyway unfortunately as the wage is too low. But the hourly rate is fine for a normal LMIA app (will need to be at least $18.75 per hour to meet the LMIA criteria for that NOC code, sounds like it will be).

Has your potential employer looked at the PNP scheme? Processing time for nomination stage (i.e. the point at which you could get a work permit) is 2-3 months, so probably not far off the time for a LMIA, but may be worth a look.

Sammilc

How does it work with pnp? I thought you needed an LMIA anyway for a pnp nomination? The way i understood it was that lmia process just takes as long as it takes (say 3 months) and then once you have it you can use it to apply for express entry (6-8 months processing), pnp (3-4 months) or a TWP (5 weeks ). Have I gotten my lines crossed somewhere? X

christmasoompa

Yep, you have! PNP doesn't require a LMIA. I don't know if the job would qualify (you'd need to check the income requirements etc), but it's worth looking in to.

So LMIA means you can apply for a TWP, which you can then use for 50 extra points under EE.

Or PNP, no LMIA required, you get nomination by the province and then you can apply for a work permit and also PR via EE (extra 600 points for nomination).

HTH.

Sammilc

That does make things a lot easier, thank you! I am struggling to find information on income requirements for the PNP program though!

As the company that's offering me a job is also offering my partner a job, would that count in the application process? As in, to provide evidence that our combined income would be enough for us to settle economically? Or would it have to go solely off my job offer as I'm the PA and he's my sponsee?