Tag Archives: LMIA

Express Entry Update: First non-LMIA/LMO, non-PNP Nomination Invitations have been Released

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Close to three months after the new Express Entry system started, and after four invitations, the first set of instructions have been released, where some of the invitees did not have LMIA/LMO’s or PNP nominations.

On March 20th, 2015, Express Entry system, round #5 was released. The number of invitees totalled 1620. The minimum score of those invited is 481.

This is great news for the majority of applicants in the Express Entry pool as many have started to feel discouraged by the high number of points in the previous four invitations.

What do the Experts think?

As licensed immigration consultant Alex Khadempour points out, there is no need to panic: “This is just the start. Immigration Canada did not want to open the floodgates by inviting a high number of people at the beginning. This is why only those with PNP nominations or LMOs/LIMAs were invited at first to make sure the system works. You will now see the minimum score start to go down.”

Immigration Canada accepts over 160,000 applicants a year under the economic programs such as Federal Skilled Worker, Canadian Experience Class, Federal Skilled Trades and some PNP programs. Only a small fraction of these applicants have LMOs/LMIAs or PNP nominations.

Tips for Applicants

Alex Khadempour adds: “Calculated patience is always necessary when it comes to dealing with immigration, especially when a new program or system is launched. You should keep your eyes on the minimum scores and see how close you are. At the same time, if there is an opportunity for you to receive a provincial nomination or an LMIA, which guarantee that you will be selected and invited, you should take advantage of that opportunity.It’s also very important to approach this process with caution and precision. One tiny mistake in one of the steps can ruin your chances in the future.”

Be sure to go over all the guidelines, regulations and seek professional help, if necessary, to make sure you don’t make any errors in how you submit your information and approach the multi-step application process.

Temporary Foreign Worker Program Overhaul: What Workers Need to Know

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On June 20, 2014, the Government of Canada announced major changes to the Temporary Foreign Worker Program (TFWP). These changes have significant repercussions for Canadian employers across the country as well as current and future foreign workers.
The recent TFWP overhaul affects Canadian employers. Of course, many of these changes also have a significant impact on how foreign workers obtain their work permits, as well as what will happen during and after arrival in Canada.
Following is detail of the most important changes and what they mean for current and future foreign workers in Canada.

Labour Market Impact Assessments (LMIAs)

In most cases, Canadian employers need to obtain government approval before hiring a foreign worker. This approval comes in the form of a Labour Market Impact Assessment (LMIA), formerly known as a Labour Market Opinion (LMO).
In the eyes of the government, the responsibility for securing an LMIA rests solely with the employer in Canada. The LMIA process assesses whether the employer is eligible to hire from abroad.
If you are a foreign worker who has received a job offer in Canada, especially from a small or medium sized employer, you should be prepared for the employer to possibly question whether they want to go through this process at all.

LMIA-Based Work Permit Restrictions

In addition to increased LMIA requirements, there are now new time limits placed on work permits that require LMIAs. Individuals whose Canadian job offers are considered ‘low-wage’ under the new LMIA system (that is, individuals who will be paid less than the provincial median wage) will be issued work permits valid for no longer than one year in length. In addition, low-wage applications that were submitted before June 20, 2014 will not be processed. They will be returned with a refund of government processing fees. Employers are welcome to re-apply following the new rules for low-wage LMIAs.
The government has also implied that the maximum work permit length for ‘high-wage’ workers, who are paid a salary that meets or exceeds provincial median wages, will also be reduced. It has been reported that the maximum length will be cut to two years, although this has yet to be formally implemented.
Options remain in place to renew work permits that are set to expire, as well as to transition from temporary worker status to permanent resident status.
Moratorium Lifted for Food Service Work Permits
On April 24, 2014, the government announced a moratorium on LMIA and work permit issuances for certain occupations in the food services sector. As ofJune 20, this moratorium has been lifted and workers in the food sector may once again apply for work authorization.

LMIA-Exempt Work Permits

Work permits that do not require LMIA approval are now known as ‘International Mobility Programs’.
Certain work permits are LMIA-exempt but remain tied to a specific employer. These sorts of permits most commonly pertain to individuals applying under the NAFTA Program and the Intra-Company Transfer Program.
Currently, individuals are able to apply for their LMIA-exempt work permit once they obtain a job offer from a Canadian employer. In the future (date unknown), Canadian employers will be required to submit their job offers for approval to Citizenship and Immigration Canada before the foreign worker can apply for the work permit. Employers will be required to pay a $230 processing fee to have their job offer evaluated.
The foreign worker must still pay the standard $155 work permit application fee when submitting an application.

Open Work Permit Fees

In the future (date unknown), recipients of Open Work Permits will be required to pay a $100 ‘privilege fee’ in addition to the standard application fee of $155. Individuals who are eligible for open work permits include the spouses of foreign workers and students in Canada as well as participants in certain work exchange programs.
All new fees will help to cover government services such as work permit processing and employer compliance inspections.

Working in Canada Today

It is important to note that individuals who are currently in Canada on a work permit will not see any changes made to their current permits. However, any requests to renew or extend their work permits will be subject to the new rules.