What is the LMIA process for when the employee is already working within the company?

[rapirap]

Hello everyone,

I hope you are safe in these weird times. So I read that LMIA needs the employer to advertise the job position, but I am already working for my employer for 11 months now. What is the process for applying for LMIA when the temporary worker is already working within the company?

 

[PMM]

Hi

Hello everyone,

I hope you are safe in these weird times. So I read that LMIA needs the employer to advertise the job position, but I am already working for my employer for 11 months now. What is the process for applying for LMIA when the temporary worker is already working within the company?

1. It doesn't matter that you are working there, the employer still have to advertise the position and demonstrate that no one qualifies.

 

[rapirap]

Hi



1. It doesn't matter that you are working there, the employer still have to advertise the position and demonstrate that no one qualifies.

So they still need to advertise a job position that is already taken?

 

[Copingwithlife]

So they still need to advertise a job position that is already taken?

Yes, it’s a mandatory requirement

 

[YVR123]

So they still need to advertise a job position that is already taken?

It's not taken. Once your current work permit runs out, if they cannot get the LMIA, they will need to hire a replacement.
That's the idea of the advertising. So to proof that no other Canadian can do fill that specific position but you.

 

[rapirap]

It's not taken. Once your current work permit runs out, if they cannot get the LMIA, they will need to hire a replacement.
That's the idea of the advertising. So to proof that no other Canadian can do fill that specific position but you.

I see. Thank you for the replies.

 

[rapirap]

It's not taken. Once your current work permit runs out, if they cannot get the LMIA, they will need to hire a replacement.
That's the idea of the advertising. So to proof that no other Canadian can do fill that specific position but you.

Actually, I have a question. I was reading the LMIA exemptions and I'm looking at the T52 exemption for Professionals and Technicians. Here's the link.

The bit I'm looking at is this:

Specific criteria for professionals
Professionals require both of the following:

• a post-secondary degree of 4 or more years of study, unless otherwise specified in the country-specific occupation list, and any additional requirements defined in the National Occupational Classification (NOC)
• paid work experience for a length of 2 years in the sector of activity of the contract

I have the first criteria but I'm not sure about the 2nd one. Does it mean general experience not necessarily in Canada? Because I have 3.5 years of experience from my country and I have 1 year here in Canada. Do I meet this criteria?

 

[primaprime]

Actually, I have a question. I was reading the LMIA exemptions and I'm looking at the T52 exemption for Professionals and Technicians. Here's the link.

The bit I'm looking at is this:

Specific criteria for professionals
Professionals require both of the following:

• a post-secondary degree of 4 or more years of study, unless otherwise specified in the country-specific occupation list, and any additional requirements defined in the National Occupational Classification (NOC)
• paid work experience for a length of 2 years in the sector of activity of the contract

I have the first criteria but I'm not sure about the 2nd one. Does it mean general experience not necessarily in Canada? Because I have 3.5 years of experience from my country and I have 1 year here in Canada. Do I meet this criteria?

That's related to the CPTPP trade agreement for citizens of Australia, Japan, and Mexico. Are you from one of those countries?

 

[rapirap]

That's related to the CPTPP trade agreement for citizens of Australia, Japan, and Mexico. Are you from one of those countries?

Sadly, no. Thanks for the clarification!

 

[rapirap]

That's related to the CPTPP trade agreement for citizens of Australia, Japan, and Mexico. Are you from one of those countries?

Hello again!

I have another question.I hope I'm not being a bother. So I was reading again about who are exempt of an LMIA and I came about this bit in the website.


Exemption from Labour Market Impact Assessment process
The MIFI in Quebec implemented provisions to simplify the hiring of TFWs. These provisions include employers not being required to apply for a LMIA from ESDC/Service Canada, if they are hiring a TFW who:

• has a valid work permit
• holds a skilled worker Certificate of Selection in Quebec (CSQ)
• resides in the province of Quebec
• has applied for permanent residency under the Quebec Skilled Worker class

My question is, do I have to have all 4 qualities stated above to be exempt?

Thank you

 

[primaprime]

Hello again!

I have another question.I hope I'm not being a bother. So I was reading again about who are exempt of an LMIA and I came about this bit in the website.


Exemption from Labour Market Impact Assessment process
The MIFI in Quebec implemented provisions to simplify the hiring of TFWs. These provisions include employers not being required to apply for a LMIA from ESDC/Service Canada, if they are hiring a TFW who:

• has a valid work permit
• holds a skilled worker Certificate of Selection in Quebec (CSQ)
• resides in the province of Quebec
• has applied for permanent residency under the Quebec Skilled Worker class

My question is, do I have to have all 4 qualities stated above to be exempt?

Thank you

Well, do you live in Quebec and have you applied for PR with a CSQ?

 

[rapirap]

Well, do you live in Quebec and have you applied for PR with a CSQ?

So all of them then. Thanks again for the reply.