wiganfem

Hi

Here is the dilemma
A friend of ours is currently on a truck driving lmia that runs out December, His AINP was submitted and a file number given in January. The problem is, his employer wont apply for him a new lmia (his last was the old lmo) They said they dont know how to, and wont pay an agency to do it. They will pay the $1000 only and have given him the name of a lawyer to which he himself has to pay $2000 to get to do it.
1 is that legal
2 can anything be done or his ainp screwed as you are not allowed to switch employers during the process are you?
TIA for any help

Siouxie

Extend your work permit | Alberta Canada - Alberta, Canada

http://www.cic.gc.ca/english/resourc...-provinces.asp

wiganfem

confused.com � ����
how? doesnt he need a new lmia to then extend the work permit. His nomination is not through yet, he just has the file number.

bc2015

All costs associated with obtaining an LMIA (including any legal fees) must be covered by the employer - it is illegal to pass any of these costs on to the employee. Having said that, I believe it should be possible to get an LMIA without any other fees aside from job advertising fees.

Is there any chance his nomination will come before December? So long as the application for a BOWP is received before his current permit expires, then he would be on implied status and could continue working (assuming he is not on IEC).

Siouxie

Sorry, I didn't realise he hadn't received his nomination yet. Alberta are currently processing trucking applications received between July 2014 and August 2015 so perhaps it would be worth his while to give them a call and ask if his application is likely to be processed soon.

AINP processing and inventory | Alberta Canada - Alberta, Canada

wiganfem

Not allowed to contact them for status updates. It is just a waiting game. I know if his permit expires his application sill be worthless though. Seems crazy when your in the system that nothing can be done .

wiganfem

no idea if it will come through or not, ours took 6 mths and we applied 2 mths before him, his has already been more than that.
Employer refuses to pay any more than the $1000 lmia fee, and no one in his office knows what to do so wont do it themselves. Dont suppose they have to apply for one if they dont want to. So looks like all that is left is to pay the lawyer himself. It at least gives him a chance i suppose

bc2015

The processing times for LMIAs (from reading other posts on this forum) is 3-4 months (unless truck driving qualifies for express LMIA?) after you submit the application. Before you can even send in the application, I believe that you have to advertise job for a minimum of 4 weeks. So with these processing times, he might not even have the LMIA in time. The best idea (I think) would be to wait it out and definitely not for him to spend $2000 that might end up being a waste anyway.

wiganfem

but then if ainp dont come through hes back home. at least if they get application in now worst case is visitor for cpl months then bang in ainp again isnt it? head is scrambled trying to work things. You would think there would be a quicker process for current employees

Snowy560

1. It’s not legal for the employee to pay. An LMIA is an employer application (not an employee application). The LMIA application form includes Employer declarations where (among other things) the employer declares that they will not seek to recover costs related to an LMIA, either direct or indirect, from the foreign worker.

2. Suggest your friend asks for an initial consultation with an immigration lawyer/consultant in relation to his immigration status in the short/medium term. It may cost him but it may also save him his status and/or PR application and hopefully keep him working. Probably not the immigration lawyer the employer has mentioned, however …


S

christmasoompa

If the employer won't do all the paperwork and form filling, then a LMIA isn't an option even with a lawyer. He can't do it on his own I'm afraid, there's a lot the employer has to do.

wiganfem

do you know where on the website it states thats it is not legal as above so this can be shown to the employer

thanks

Former Lancastrian

From the ESDC website
Employer compliance: Labour Market Impact Assessment (LMIA) accuracy
Regulation
The employer must be able to demonstrate that any information provided in the context of an LMIA application, including any supporting documentation, was accurate. Note that employers, not third parties submitting requests for LMIAs on behalf of employers, are responsible for the accuracy of all information submitted on the LMIA application.

Regulatory text – see s. 209.3(1)(c)(i)

Requirements
All information provided in the context of the LMIA application, including any supporting documentation, must be truthful and accurate. This includes answers to all application questions, attestations, and any additional documents submitted.
New Requirements for Employer Compliance | ESDC

Labour Market Impact Assessment Fee of $1,000
Employment and Social Development Canada is making significant changes to the Temporary Foreign Worker Program (TFWP), which will substantially increase the cost of delivering the program. The costs for administering the TFWP, including all of the reforms outlined above, will be borne entirely by employers who use the program, not by taxpayers. As a result, the LMIA fee is increasing from $275 to $1,000 for every temporary foreign worker position requested by an employer.
Employers must be aware that Employment and Social Development Canada (ESDC), has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from foreign workers.
http://www.esdc.gc.ca/eng/jobs/forei...nt/index.shtml

Snowy560

On page 9 or 10 of an LMIA application form, the employer has to tick a box which says:

"I agree that I will not recover any costs, directly or indirectly, associated with seeking an LMIA from any TFW(s). "

Service Canada Forms - Form Profile: High-Wage and Low-Wage Positions - Labour Market Impact Assessment Application


S

PS: I crossed with FL but think our posts are complementary.

wiganfem

thanks, would you know if an employer wont apply for a new lmia because of the cost ie the solicitor or third party to do it, as he himself cant. Would the employee be able to switch employers? ainp has been applied for but not yet completed.