Lmia wage restrictions

Old Oct 18th 2018, 5:39 am
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Default Lmia wage restrictions

hi everyone hope you are all well, quick question regarding wage
currently on $29 an hour per my lmia have requested a rise but have been informed that’s not possible as I’m on an lmia, today I received my ita for bcpnp, my question is that once I get my pnp can I then get a rise or do I need to wait until I get full PR. living in Vancouver with 4 kids is kicking my ass lol
thanks in advance
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Old Oct 18th 2018, 6:07 am
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Default Re: Lmia wage restrictions

You can have a wage increase on a LMIA/TWP. If your employer is telling you you can’t they’re talking rubbish! What they can’t do is reduce your wage to less than the median hourly rate for your NOC code.

HTH.

Last edited by christmasoompa; Oct 18th 2018 at 6:10 am.
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Old Oct 18th 2018, 9:07 am
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Default Re: Lmia wage restrictions

Do you know where I can find that info as my immigration agent confirmed what they said, they said the rise can only be a couple of percent.
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Old Oct 18th 2018, 9:49 am
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Default Re: Lmia wage restrictions

Originally Posted by george82 View Post
Do you know where I can find that info as my immigration agent confirmed what they said, they said the rise can only be a couple of percent.
Ah, see you said they'd told you you couldn't have a rise at all. 2% is still a rise. But it's odd that your lawyer has said that still applies, as I thought the 2% guide was done away with quite a while ago.

Here is the current info on wage rises for foreign workers -

https://www.canada.ca/en/immigration...spections.html

From that, it says the following about salary increases "An increase in wages under the IMP would not lead to a finding of non-compliance with respect to providing substantially the same wages under subparagraph R209.2(1)(a)(iii). However, wages paid that are higher than those stated in the offer of employment may indicate a change in duties, which could mean a different occupation than that offered. An increase in wages may also result in a finding that the employer did not provide “substantially the same” wages if the increase would have affected the ability of the foreign national to qualify for the Labour Market Impact Assessment (LMIA) exemption."

From what you've said, I personally don't see why it would be a problem as you'd still be doing the same job presumably?

HTH.
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Old Oct 18th 2018, 1:39 pm
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Default Re: Lmia wage restrictions

They told me that a higher raise would be in breach of lmia, job would be the same however they have found that I am a lot better at it than most ppl, there current view is that changing the wage would contradict the lmia and could potentially give them issues in the future, that being said they told me when I have pnp it would be different? Does that make sense?
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Old Oct 18th 2018, 11:26 pm
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Default Re: Lmia wage restrictions

Originally Posted by george82 View Post
They told me that a higher raise would be in breach of lmia, job would be the same however they have found that I am a lot better at it than most ppl, there current view is that changing the wage would contradict the lmia and could potentially give them issues in the future, that being said they told me when I have pnp it would be different? Does that make sense?
So in other words it sounds like they're worried that if they file an LMIA for you on a higher rate than other applications they might file in the future for the same role then the CIC might smell a rat?

My understanding is they can pay you as much as they want. They just can't get an LMIA through if they offer less than the normal accepted wage for that job.
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Old Oct 18th 2018, 11:34 pm
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Default Re: Lmia wage restrictions

I’m currently on an lmia and asking for a wage rise but they said if they give me a rise it would breach the terms of the lmia
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