I am currently on an open work permit. Can my employer apply for an LMIA on my behalf? Ontario. None. I only want the

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Customer: I am currently on an open work permit. Can my employer apply for an LMIA on my behalf ?
JA: What province are you in? It matters because laws vary by location.
Customer: ontario
JA: What steps have you taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I only want the LMIA to gain points for arranged employment
Answered by JJL11 in 1 min 2 years ago
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JJL11, Expert

Hello - My name is ***** ***** I'm happy to assist you today. I am a Canadian lawyer who is able to answer immigration law questions.

Can you tell me how you were able to get an open work permit ?

Customer
My husband did his masters and now on post graduate work permit
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JJL11, Expert

To clarify - Are you asking for yourself or your husband ?

Customer
myself
Customer
I applied through the express entry
Customer
I currently have a job
Customer
i wanted to gain points for arranged employment
Customer
But i am already in canada and working on the open work permit that I gained from my husband's post graduate work permit
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JJL11, Expert

Yes, even if you already have an open work permit and are in Canada working, your employer can still get a LMIA if they are willing to do this for you because you will benefit from the extra points under the Express Entry for having arranged employment.

Does this answer your question ?

Customer
That's a mistake
Customer
I press call me by error
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JJL11, Expert

Don't worry - I won't accept the call

Customer
When I read the application, it sounded a bit contradictory
Customer
it appears as if the would have to show evidence that when they hired me, there were no suitable permanent residents or citizens and also that they brought me in from overseas for the job
Customer
however I was already in canada at the time they hey hired me, working for a yr on an open work permit
Customer
Is that interpretation incorrect?
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JJL11, Expert

I understand - The PGWP is a special work permit where you don't need a job with a LMIA to get . However, after your current work permit expires, in order to get another one, you will have use the regular procedure which is you need to get a job with a LMIA. Consequently, if you get a LMIA, you will get extra points for having arranged employment.

Does that make sense ?

Customer
Ok but I don't have the PGWP. I have an open work permit granted to me based on my husband having a PGWP
Customer
My employer wants to help me gain additional points or whatever they can do to assist with my PR process
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JJL11, Expert

Yes but you got your work permit because your husband was eligible for a PGWP so you got your work permit under a special category also because you did not have to have a job offer with a LMIA to get it.

Customer
but wasn't sure if applying for the LMIA was the best way
Customer
In my situation how can my employer best assist my PR?
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JJL11, Expert

By applying for a LMIA for your job because you get 200 more points under the Express Entry Comprehensive Ranking System

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JJL11, Expert

In addition, if they get the LMIA, you can continue to work for them and gain more work experience which will also help your CRS score

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JJL11, Expert

To clarify - what type of job are your currently employed at so that I can see the National Occupation Classification code for it ?

Customer
I am a manager in a public accounting firm
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JJL11, Expert

In that case you will be get 200 more points for arranged employment because your occupation is Skill Level O

Customer
the last question, how long does it take on average for LMIA to be processed?
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JJL11, Expert

Approximately two months after the employer has fulfilled the advertising requirements which is an additional 1 to 1.5 months.

Customer
Ok so they will still have to advertise even though I am currently in the role?
Customer
can they not rely on the old a
Ads from last yr when they hired me?
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JJL11, Expert

The publishing requirements for the LMIA need to current. If you want know more about the requirements for the employer in a LMIA application, you can have your employer call the LMIA Employer Contact centre

Here is the link with the phone number

https://www.canada.ca/en/employment-social-development/services/foreign-workers/processing-centres.html

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JJL11, Expert

I would also suggest that you or your employer can consult an experienced immigration lawyer to get a thorough consultation about the LMIA process as well the Express Entry.

You can find the names of leading immigration lawyers by consulting Lexpert which is a website that has the names of leading lawyers in different areas of law.

Here is the link to the immigration section of Lexpert

https://www.lexpert.ca/directory/practice-areas/ranking/immigration-law-g1/

Have I answered your questions ?

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JJL11, Expert

Good morning - I am following up to see if you have any further questions for me.

If you have no further questions for me, it would be appreciated if you could submit a rating for me because that is how I get credit for helping you.

A 5 star rating would be great if you were fully satisfied !

Thanks so much.

Customer
Sorry about that, I think your answers are great!
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JJL11, Expert

Hello again - Thanks so much for letting me know.

Take care .

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