LMO/LMIA

Old Aug 20th 2014, 8:19 am
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Default LMO/LMIA

Hello again.

I hope someone will know the answer to this before I start going through the CIC websites many pages of information.

I was offered a job in June this year in BC as an automotive technician(noc7321) and at the time the company said they have to advertise the job in a job bank before officially offering me the job in writing and applying for an LMO.

I've received an email today from them saying they went to apply for the LMO and it has changed in the past few weeks to LMIA. They also advise me that with the new LMIA my family won't automatically be able to come with me and I'd possibly have to pay for my children's education. My girls are 13 and 9 just now. They said it's no problem for them to go ahead and they are confident I they will get a positive LMIA but them I'd only be able to get a TWP for 1 or 2 years and I'd need to apply for PR within this time. They suggest I apply for PR first so that my family can come with me and they'll keep a position available for me and help in any way they can.

So, can I apply for PR without a job offer or positive LMIA?

Would my family really not be allowed to come with me if I go ahead with the LMIA now?

What is the LMIA? I am going onto CIC to research this but maybe someone knows before I start searching?

Any help appreciated.
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Old Aug 20th 2014, 8:23 am
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Default Re: LMO/LMIA

LMIA is indeed the new name for LMOs. TWPs I believe can only be issued for 1 or 2 years at a time.

More reading is here - Changes to the Temporary Foreign Worker (TFW) Program : new measures for Canadian employers and foreign workers

Someone else will be along to provide more information than I can soon.
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Old Aug 20th 2014, 8:28 am
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Default Re: LMO/LMIA

Thank you for the link, I'll have a look.
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Old Aug 20th 2014, 11:39 am
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Default Re: LMO/LMIA

Your family can accompany you and depending on the skill level (A,O,B) your wife may be able to get a spousal open work permit. If you apply at the port of entry for your work permit (with the LMIA) then you would ask for visitor records for your children - that is what they need to attend normal mainstream school (you don't have to apply for study permits unless you apply for your TWP via London/online).

If you look at the wiki here THE LIST-Canada : British Expat Wiki it will show you that automotive technician is on 'the list' for Federal Skilled Workers (Trades) applications, Major Group 73: Maintenance and equipment operation trades; you can look into the requirements to apply here: Determine your eligibility — Skilled trades

As you have a job offer, the other option would be to apply for Provincial Nomination if the company would be willing to nominate you. Once you have approval for nomination you would be able to get a TWP on the back of it, whilst your PR application is being processed. Welcome BC - Skilled Worker

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Old Aug 20th 2014, 11:09 pm
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Default Re: LMO/LMIA

Thank you for the extra info, I'll look into those options. Where will I find my skill level code?

Last edited by Scotscouple83; Aug 20th 2014 at 11:50 pm.
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Old Aug 21st 2014, 4:05 am
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Default Re: LMO/LMIA

Originally Posted by Scotscouple83
Thank you for the extra info, I'll look into those options. Where will I find my skill level code?
You are very welcome

National Occupational Classification Matrix 2011
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Old Aug 23rd 2014, 8:40 am
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Default Re: LMO/LMIA

So according to the NOC matrix my job is skill level B. If I am interpreting this correctly then my wife and children will automatically be able to come to BC with me?
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Old Aug 23rd 2014, 9:43 am
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Default Re: LMO/LMIA

Originally Posted by Scotscouple83
So according to the NOC matrix my job is skill level B. If I am interpreting this correctly then my wife and children will automatically be able to come to BC with me?
They would be able to accompany you regardless of which skill level you are*. Having a skill level 'B' designation means your wife will be able to obtain a spousal open temporary work permit, as mentioned before.

http://www.cic.gc.ca/english/work/apply-who.asp

If the company is keen for you to apply for PR rather than go through the process of obtaining an LMIA then I would suggest applying through the Provincial Nominee stream, provided the company meet the requirements and are willing. Once you received nomination from the Province you could get a TWP without having to wait for PR, much quicker than the FSW stream! If your PR application (Federal part) isn't finalised by the time your TWP was due to expire, you could obtain a bridging open work permit. Which Province is the company located in? Some Provincial Nomination streams are easier (and quicker) to obtain than others.

Whichever route you choose, I would recommend applying soon as the process is changing in January 2015 potentially making it significantly harder to emigrate.



* The employers may be thinking about low skill workers who have to have their air fare paid by the employer. This doesn't apply to you.

Last edited by Siouxie; Aug 23rd 2014 at 9:57 am.
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Old Aug 23rd 2014, 11:52 am
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Default Re: LMO/LMIA

I'll be going to BC, well hopefully.

I did forward the link to the nominee program above to the employer so waiting to see how they respond.
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Old Nov 1st 2014, 7:28 am
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Default Re: LMO/LMIA

Hi

dose any body know what are the criteria for getting a positive LMIA? i am aware of advertising on 2 national and provincial for 4 weeks and why able to employ canadian? any other criteria?. Specifically I want to know if any body knows if they ask for gross income of employer being > $500,000?. Thanks in advance.
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Old Nov 1st 2014, 7:43 am
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Default Re: LMIA

Originally Posted by Hasan78
Hi

dose any body know what are the criteria for getting a positive LMIA? i am aware of advertising on 2 national and provincial for 4 weeks and why able to employ canadian? any other criteria?. Specifically I want to know if any body knows if they ask for gross income of employer being > $500,000?. Thanks in advance.
I dose

There is no LMO anymore.

Employer must try and hire a Canadian and demonstrate they have been unable to do so. Advertising is part of that. Going though the motions doe snot cut it any more, employer has to show they made a real effort to hire a Canadian.

Pay the $1000 application fee.

Pay a wage that is considered normal for the particular job.

Hope the agent assessing the application sees it the same way as the employer.

There is no revenue requirement for the applicant.
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