Pitching your employer for LMIA support in Canada - Understanding the basics
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- Опубліковано 6 січ 2023
- I created this video to help immigrants on open work permits understand the LMIA process so they can be armed with knowledge when requesting LMIA (arranged employment) support from their employer. It is a brief overview for high-wage/low-wage streams and touches on PR support LMIA. I also dive into some LMIA numbers in terms of approvals and refusals. I will post a more detailed video at a later date!
Here are some of the relevant links on the government pages:
Median Wage for Positions: www.jobbank.gc.ca/trend-analy...
High-wage/Low-wage: www.canada.ca/en/employment-s...
PR Support LMIA: www.canada.ca/en/employment-s...
You are legend man, there are very few helping hands with us in this situation ❤
A very informative video. Thanks a lot. Just what I was looking for.
Thanks for creating this video
You are a needle in a haystack that provides such clarity on the LMIA process, legend indeed!! I am on a lmia work permit in a teer 4 job but I want to know if my lmia is PR supporting and how to proceed to Permanent residence?
Thank you for the kind words! PR supporting LMIA's are not issued for TEER 4,5. It is an unskilled job offer, so doesn't count for CRS points. However, this doesn't mean it can't qualify as a job offer in some of the PNP's that offer job offer based pathways to PR.
@@sjpimmigration ESDC issued it under noc 9533. Not sure why they didn't use the six digit noc codes. Anyway, am trying to do ONIP but cant achieve the necessary scores due to regionalization. Any suggestions?
Hello Steven, Thanks for the detailed video. I really appreciate your efforts to put together a video on LMIA. I am on PGWP, and right now my position is in a NOC O or TEER 0 category. If my employer is willing to provide me an LMIA for the position I am in to support my PR, will they be able to do so? My second question is if the LMIA gets approved as its a NOC O or TEER 0 position, will I get 200 CRS points or only 50 CRS points in my Express Entry profile under CEC?
My employer has never given LMIA to anyone so they are not registered with ESDC for LMIAs. Will there be any difficulties to get a positive LMIA?
Hi Steven, first of all, thank you for sharing knowledge and information. Please know that all your videos are appreciated. I have a quick question regarding Lmia. I'm a pgwp holder who just recently received a job offer in ON. Luckily, the employer is willing to sponsor me. Should I ask for the PR support LMIA for now? Or wait till I have 1 year of experience. Does LMIA under PR support stream expire?
An LMIA is valid for a period of 18 months after its issuance. Within those 18 months, either a work permit must be applied for, or a permanent residence application. If I were you, considering you are on open PGWP; get a PR support LMIA with work permit support. Try applying for PR once LMIA is approved. Then, if your status gets close to expiring, apply for a work permit while the PR LMIA is still valid and those 50 points will continue to count on your closed WP. Also, consider that you can have a closed work permit through the PR LMIA as well as an open work permit at the same time.
Effective January 12, 2022, until June 30, 2024, ESDC has suspended minimum advertising requirements for employers applying for an LMIA to hire TFWs in primary agriculture. Employers won't be required to meet TFWP minimum advertising requirements or submit proof with their LMIA application. As per this statement, can job advertisement be skipped? for PR supporting LMIA?
Hi Steven, quick question. Job bank specifically says that a job must be immediately available for an employer to post for it. How does an employer get an lmia to sponsor an employee if the position is currently filled?
This is a bit of a lengthy answer because it depends. If your employer has good financials and more than the capacity to hire another in your role, then you could consider that and open up a "new role" If it is an LMIA for you, and you only in that role, then yes, the position is filled, but if you are losing status then it would be considered available, because your employer will still need to go through the advertising period for your position. I trust this is not super clear, but it really depends. In any case, your employer is able to obtain an LMIA for you, even if you are working in the position already, they just need to go through the appropriate advertising period, meet the requirements, and apply. I would recommend a strong submission letter in cases like this.
Hey!! I just got a new job in admin and I need to ask my employer for LMIA (PR purpose only) I am nervous to ask, they are a small company and I am nervous. How do I go about it? Should I work for a while before asking or ask right away? I don't have a lot of time on my open work permit left.
This is great video - one question: I heard the LMIA to support the worker's PR process doesn't grant a Work Permit, only gives them points for the Express Entry process...is that correct? Many thanks...taking note to talk to my employer here!
That’s not 100% true. If the employer does a PR LMIA and doesn’t pay the $1000 Work Permit support fee, then yes, they cannot use that LMIA to get a work permit. However, the employer can always pay the $1000 fee and that enables work permit support as well as points for EE.
I cannot find the lmia low wage form.
Thank you for the video.
Im on OWP thats valid up to next November. Can my current employer apply for a LMIA for my current role to increase my FSW score? And if yes, should I forfeit my current OWP?
You don't have to forfeit your current OWP, you can have a closed work permit in addition to the OWP.
hi Steven, I hope you'll notice my comment. this is very informative as I am planning to ask my employer to give me LMIA even if I have Open Work Permit just to support a job offer in Express Entry. I just a have question about the rate in my job offer that will be used in the LMIA application, will it be my starting salary, or my current salary?
For the LMIA to be approved the employer must be willing to pay you the median wage in your occupation, in your region found here: www.jobbank.gc.ca/trend-analysis/search-wages
Ideally your current salary/hourly rate is at or above the median wage, but most likely, to be approved by Service Canada, if you are still working for that employer, they should be giving you the wage to be compliant with the LMIA (median or greater).
@@sjpimmigration we already started the job ads, do we really need to submit all financial documents such as Balance Sheet and Income Statement? or just T4 and proof of payroll remittance are enough? worried coz it will show that the company is in deficit for the past years, does it have negative impact to lmia approval?
@@danavlogssss you must submit at least 1 proof of providing a good or service (business license) is usually the easiest, and 1 ability to fulfill (tax docs/payroll). Service Canada officers are not accountants and sometimes they are confused making this determination, and a corporate loss, doesn't indicate they can't make payroll. If the company financial position looks questionable, they will usually at the time of review, ask for additional documentation, such as a letter of attestation from an accountant, or bank manager, if they have concerns about the financial ability of the company to fulfill. I would recommend that if you have questions about the tax documents showing that you can hire a foreign worker at specified wage, you should preemptively include an attestation letter as well. There is a template from ESDC. www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html
@@sjpimmigrationI really appreciate your prompt reply. This helps me a lot and somehow lessen my worries as I’m just doing it by myself..😬
Hello Steven,
Firstly, thanks very much for all the details in your video!
I've been working as a Purchasing and Logistics coordinator in my current company since June 2022 under my PGWP. I've been promoted to Purchasing, Distribution and Warehouse Assistant Manager in this January 2024 and still pursuing my current role in the company. Before I got promoted, they did job advertisement in indeed for a month (also previous 2 warehouse assistant managers are left from the position in 2 months after they started (they were citizen or pr holder). After this, they did job ads. and I guess the ads. stayed in Indeed and stayed in there at least 2 months and then the top management decided to promoted me to add this role into my current role. Now, can my employer use the past job ads. as a proof to support my PR ?
thank you
You mean for a PR Support LMIA? Ads can usually be used from the past 3 months from LMIA submission, and the ads must be compliant and in accordance with the LMIA submission, so that can be tricky. For example, maybe LMIA application requires you to be paid $33/hr based on median wage in your region, for your occupation, but if they did not advertise with that wage range, the ads won't be accepted. Similarly, they absolutely must advertise on Canada's JobBank for 30 days prior to submission, and use their Job Match service. Again, an LMIA is not hard to get approved, but they are mind-numbingly procedural, and it's important that they follow all the requirements as per ESDC.
Hi, I currently working on a PGWP if my employer wants to apply for a lmia to support my pr application they have to advertise my position again? Is it true the 1000 fee is waive when this only to support pr? Thank you
Yes that is correct Edgar. As you will have an open work permit, there is no sense in your employer paying $1000 for a closed work permit. A PR support LMIA, will count as 50 points in express entry and won’t cost a dime. Advertising still needs to be performed, either with the low wage, or which wage requirements as determined by your hourly wage. A PR support LMIA of course can only work for a skilled occupation as well.
@SJP Immigration Inc. thank you for your prompt and detailed response, just one kast question as I have to attached the job offer it doesn't matter that it has an earlier date compared with the new advertising? Or it has to be a new job offer with an updated date.
@@edgarjavierarango7942 your employer should update a job offer, mostly would be the date. Reason being if you notice an express entry, the request, that if your accounting points for arranged employment, you cannot use the same job offer you used to get your work permit. If this job offer is not one that you use to get your work permit, I’m talking the written job offer, not the LMIA, then you will want to update it
@@sjpimmigration Hi, Sorry does that mean PR support LMIA can only be issued to a skilled position? I work as a manager at a wholesale store ( only 3 employees). Open PGWP, 2 years exp. Salaried but avg $25-$27/hr. Do you think I am eligible? Can I sign up on Jobbank as an employee on the employer's behalf? I'm sorry, but it would help a lot. Thanks
@@famcol3744 at that wage and because you supervise, it’s likely TEER 0,1,2, or 3 so PR LMIA would be eligible. But you cannot sign up for JobBank on behalf of your employer. You can convince them to sponsor you to support your PR
My employer is ready to apply for PR supporting LMIA for me. I am working under open pgwp as a Market Researcher NOC code 41402 for last six months, As per Job Bank - Labour Market Information - Wages in Toronto Region, average wage for this code are $22.00 (L) 42.05(M) and 72.12(H). This is my first job and I am getting $27/hour. Will this affect my application.
I’m afraid you need to be offered at the prevailing wage which is the median wage for your occupation. There are a few circumstances where the median wage doesn’t have to be met
Ie. unions or if others in the same occupation are getting the same pay, but it can be a lot to convince a service Canada officer.
There is some flexibility possibly in your NOC code, is there anything with less pay than market researcher that matches your current job duties
@@sjpimmigration Thanks for your reply. I’m in a fix as there is no job title with less median wages that actually matches market researcher’s. Research assistant, administrative assistant etc. are very different duties.
Hii sir, i am working in coca cola company...should i ask them for LMIA ...or they are not eligible for LMIA. Please reply sir.
They would be eligible, they are certainly providing a good or service and can afford to hire, it passes genuineness for sure.