Work permits. Help!!!!!

Old Apr 25th 2016, 7:18 pm
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Red face Work permits. Help!!!!!

Hi all,

Hoping someone can help us. We are currently in the pool for express entry and have 395 points. My partner is a bricklayer and has been offered a job but the company doesn't have an LMIA.

The employer has asked us to obtain a valid open work permit.

Can we do this without the LMIA in place? And what does it mean for me as his partner can I get a spousal visa or do we have to be married for that?

Thank you :-)
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Old Apr 25th 2016, 8:35 pm
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Default Re: Work permits. Help!!!!!

nope he can't obtain a open work permit if he is the main applicant then he will need a LMIA

Last edited by Silverdragon102; Apr 25th 2016 at 8:36 pm. Reason: made clearer
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Old Apr 25th 2016, 8:39 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by Silverdragon102
nope you can't obtain a open work permit if he is the main applicant then you will need a LMIA
Thank you for your reply. My partner is the main applicant but the employer who has offered his a job doesn't have a LMIA in place and has asked if we can obtain an open work permit.
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Old Apr 25th 2016, 10:23 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by ng4379
Thank you for your reply. My partner is the main applicant but the employer who has offered his a job doesn't have a LMIA in place and has asked if we can obtain an open work permit.
You are not scoring enough on the EE scores and without the LMIA I don't see how you would get an open work permit.
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Old Apr 25th 2016, 10:39 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by Former Lancastrian
You are not scoring enough on the EE scores and without the LMIA I don't see how you would get an open work permit.
Thank you for your help we weren't sure if we could get an open work permit without an LMIA. We will go back to the employer and tell him it is not possible without an LMIA.

Thanks again guys.
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Old Apr 25th 2016, 10:54 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by ng4379
Thank you for your help we weren't sure if we could get an open work permit without an LMIA. We will go back to the employer and tell him it is not possible without an LMIA.

Thanks again guys.
The only other way of getting the open work permit is if you were sponsored by the Province where he was offered a job otherwise known as the PNP route for PR.

How Express Entry works
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Old Apr 25th 2016, 11:18 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by ng4379
The employer has asked us to obtain a valid open work permit.

Can we do this without the LMIA in place?
The IEC is a 2 year open work permit. You didn't seem keen on that idea when it was suggested before, but maybe now it's an option to look at?

Depends on if the employer is happy to pay the $1000 and go through the hassle/paperwork of the LMIA app I guess? If not, I'd look again at the IEC personally.

Best of luck.
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Old Apr 25th 2016, 11:38 pm
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Default Re: Work permits. Help!!!!!

Am I right in saying that if it is for the purpose of the EE entry profile then the employer doesn't pay a fee for the LMIA.

IEC is an option we have looked at after your last suggestion but because my partner is 30 in a month we were told he would not be eligible.

Just feel like we take 1 step forward and 50 back with this process and it is quite disappointing at times. We are no tilling to give up no matter what it takes.
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Old Apr 25th 2016, 11:46 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by ng4379
Am I right in saying that if it is for the purpose of the EE entry profile then the employer doesn't pay a fee for the LMIA.
If it's only for PR, then yes, there's no fee to pay. Depends if the employer wants your OH there to start work sooner than the 6 months or so that a PR app will take I guess? If they do, then they'll need to do a 'normal' LMIA app, or a 'dual intent LMIA application' so that he can get a TWP in the interim, both of which cost $1000.

Originally Posted by ng4379
IEC is an option we have looked at after your last suggestion but because my partner is 30 in a month we were told he would not be eligible.
Don't know who told you that, but they were wrong. It's for people aged 30 and under - so until he turns 31, he's eligible.

HTH.
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Old Apr 25th 2016, 11:50 pm
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Default Re: Work permits. Help!!!!!

Oh ok then so that could still be an option for us then which is good. We are speaking with the employer tonight so will let him know all our options and see how they want to move forward from here. Thank you once again for your help it's been great as always.
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Old Apr 25th 2016, 11:52 pm
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Default Re: Work permits. Help!!!!!

Originally Posted by ng4379
Oh ok then so that could still be an option for us then which is good. We are speaking with the employer tonight so will let him know all our options and see how they want to move forward from here. Thank you once again for your help it's been great as always.
No probs, best of luck, hope you can find a way to make it work.
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Old Apr 26th 2016, 12:27 am
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Default Re: Work permits. Help!!!!!

Originally Posted by christmasoompa
If it's only for PR, then yes, there's no fee to pay... If they do, then they'll need to do a 'normal' LMIA app.... [to] get a TWP in the interim
Sorry to hijack the thread but could you expand on this, or direct me to a more detailed explanation? I was under the impression (as someone in the EE pool with not enough points looking for an LMIA-approved job) that the only LMIA option was $1000 + jumping through hoops + a long wait once invited to apply. If I can tell a potential employer that I'd be able to start sooner, and there may not be a fee, I'd feel much more confident.

Hope you can help!
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Old Apr 26th 2016, 12:31 am
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Default Re: Work permits. Help!!!!!

Originally Posted by gingerbbm
Sorry to hijack the thread but could you expand on this, or direct me to a more detailed explanation? I was under the impression (as someone in the EE pool with not enough points looking for an LMIA-approved job) that the only LMIA option was $1000 + jumping through hoops + a long wait once invited to apply. If I can tell a potential employer that I'd be able to start sooner, and there may not be a fee, I'd feel much more confident.

Hope you can help!
From the explanation I have taken it that there is no fee if they are just helping you with PR and are happy to wait 6 months for the application to go through and then hire you or there is $1000 fee if they want you to start ASAP which by the sounds of it you would then need to apply for an open work permit to be able to go and work for them whilst your PR application is going through.

Hope I have explained it correctly.
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Old Apr 26th 2016, 12:40 am
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Default Re: Work permits. Help!!!!!

Originally Posted by gingerbbm
Sorry to hijack the thread but could you expand on this, or direct me to a more detailed explanation? I was under the impression (as someone in the EE pool with not enough points looking for an LMIA-approved job) that the only LMIA option was $1000 + jumping through hoops + a long wait once invited to apply. If I can tell a potential employer that I'd be able to start sooner, and there may not be a fee, I'd feel much more confident.

Hope you can help!
Here you go - Hire a skilled worker to support their permanent residency – Overview | ESDC It would avoid the fee, but you wouldn't be able to start sooner. If an employer does the free LMIA application, then they need to wait for you to get PR before you can start work (6 months or so). A normal LMIA is quicker, but does cost $1000.

Originally Posted by ng4379
which by the sounds of it you would then need to apply for an open work permit to be able to go and work for them whilst your PR application is going through.

Hope I have explained it correctly.
Sort of! It wouldn't be an open work permit, it would be a normal TWP, so tied to that one employer (you can't do any other work, or work for anybody else on it, and if the job goes, so does the ability to work without another LMIA/TWP). An open work permit is only for those in certain circumstances i.e. spouses of study permit or TWP holders, IEC visas, etc. Most work permits are closed rather than open.

HTH.
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Old Apr 26th 2016, 1:03 am
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Default Re: Work permits. Help!!!!!

Thanks for the fast replies! I've seen that page many times but have always missed this pertinent bit at the bottom:

Employers who wish to hire skilled foreign workers through 1 of these immigration programs may also want to hire these workers temporarily while their application for permanent residence is being processed by IRCC. As a result, employers can apply for a dual intent Labour Market Impact Assessment (LMIA) which requires paying the processing fee. These dual intent LMIAs can be used to support the foreign nationals’ application to IRCC for a:
- permanent resident visa; and
- temporary work permit.


This dual intent LMIA is very interesting - I had no idea that a TWP would allow me to start work sooner.
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