Skilled Migration

European countries (eg: Malta). We see a lot of fake advertisements online and on social media every year and we see the news of those who have lost millions through this. But, the fact is that again and again Indians are stuck. This is because most Indians work in the Gulf countries by giving a fixed fee for Gulf visas. Similarly, the misconception that Canadian visas can be gained through cash is one of the main reasons for this fraud.  Let us first understand how Gulf visas are obtained.

Gulf Countries like the UAE, Kingdom of Saudi Arabia, Sultanate of Oman, Qatar, Kuwait, and Bahrain have various employment agreements with India.

For example: If a company in Dubai needs an employee, then the company pays the prescribed fee by applying for a visa quota in the category of required workers using your company’s license with the Dubai Labour or Immigration department.  The Legal department verifies the company and grants the eligible visa if there are no errors in the documents and the company’s legal profile. After obtaining the visa quota, the company allows skilled or unskilled workers from India to be interviewed and recruited by the Indian Protector of immigration licensed agents through migration. Under that, this is the process for obtaining Job visas in Gulf. But Canada does not follow job visa processing as mentioned above.

Work Visa or Temporary Work Permit

You must first understand that Canada does not have skilled or unskilled job visa’s that are available in the Gulf countries and some European countries (eg: Malta). We see a lot of fake advertisements online and on social media every year and we see the news of those who have lost millions through this. But, the fact is that again and again Indians are stuck. This is because most Indians work in the Gulf countries by giving a fixed fee for Gulf visas. Similarly, the misconception that Canadian visas can be gained through cash is one of the main reasons for this fraud.  Let us first understand how Gulf visas are obtained.

Gulf Countries like the UAE, Kingdom of Saudi Arabia, Sultanate of Oman, Qatar, Kuwait, and Bahrain have various employment agreements with India.

For example: If a company in Dubai needs an employee, then the company pays the prescribed fee by applying for a visa quota in the category of required workers using your company’s license with the Dubai Labour or Immigration department.  The Legal department verifies the company and grants the eligible visa if there are no errors in the documents and the company’s legal profile. After obtaining the visa quota, the company allows skilled or unskilled workers from India to be interviewed and recruited by the Indian Protector of immigration licensed agents through migration. Under that, this is the process for obtaining Job visas in Gulf. But Canada does not follow job visa processing as mentioned above.

LMIA (Labour Market impact assessment) is a permit issued by the Employment and Social Development of Canada for a company (employer) to issue a temporary work permit to a foreign worker in Canada. Formally known as Labour Market Opinion (LMO).

LMIA is obtained through accurate Canadian Labour Market verification. For this, a temporary work permit is issued after checking with the ESDC (Employment and Social Development Canada, coordinated by service Canada) department. This does not affect the employment of Citizens or PR holders in Canada.

LMIA Process

LMIA is not a trivial process. The first step is to make sure that the Canadian employer does not have the employee he needs, in Canada. For this, place job advertisements on Online job portals, newspapers, and conduct the interview. The first step for an employer is to convince the ESDC with proof that you did not find the Canadian citizen or migrant you wanted in this interview.

ESDC first examines the following components to obtain positive LMIA

1.       The salary decided to be paid to the foreign workers are checked to match the basic salary in the area where the company is located.

2.       Checks that the labor laws and working conditions are clear in the employment.

3.       Checks the shortage of the job at the place where the company is located.

4.       Checks whether Canadian citizens, migrants have been interviewed for this job.

5.       Checks whether a qualified foreign worker be hired for this job?

6.       Checks whether the employment of foreign workers will result in the loss of Canadian employment or the creation of new employment opportunities for them.

7.       Checks if there are currently any job opportunities in the company.

8.       Can foreign workers be hired at a pre-determined salary?

All of these are carefully examined.

LMIA applicants from less populated areas are more likely to get a positive LMIA because the basic salary ratio is much higher in major cities in Canada.

Self-processing to get Work Visa

Any skilled-worker outside of Canada can apply for a temporary visa directly through LMIA. The right effort is required to get LMIA from your side. You can use the following options to obtain an LMIA work permit.

1.   If you have friends or relatives who work with PR in Canada, they can refer you to LMIA for an interview with the company that provides LMIA

2.   You can apply for LMIA based jobs online without the help of anyone else from the official job bank of Canada or through a trusted website like indeed.

How to apply Online

1.   Firstly understand your NOC exactly.

2.   Later open the website www.jobbank.ga.ca

·      Search for your job.

·      If you find a matching job as per your profile then click on “click to apply”.

Send the same documents sent by the job search employer e-mail and website to the job bank employer. Note that indeed is not a government website, so make sure about the genuineness of the employer.

You should check the LMIA Employers and Employee 1st step process and send the documents to the employer and then wait for the interview and also check whether the employer has replied to the email daily.

Canadians and PR holders have the first consideration in the interview. Only after that people outside Canada are invited for an interview. The interview is usually done through Zoom and Skype. After receiving the notification, prepare and participate in the interview without any technical errors.(passing the interview is based on your performance). If you have created or are ready to create an Express entry profile at the time of the interview, the employer will provide an LMIA support to increase your CRS score and support you reach Canada with PR. The LMIA for temporary work permit does not require IELTS. If any of the above LMIAs are obtained, consulting an immigration lawyer or an ICCRC registered consultancy for further processing will help to increase your processing success rate over self-processing. There is a possibility that the employer will enter into a job agreement with you when the TWP-LMIA is issued (minimum 1 year). Positive LMIA can be obtained only after getting a job offer of NOC O,A and B level.

References