It is normal that there are certain confusions in the migratory field. A typical one is to think that when a person is abroad and gets the job offer, everything has been achieved and the reality is different. The job offer gives origin to the migratory process, without it, one would not exist, but it is not the only thing. Welcome!

Imagine that you want to travel to work in Canada and you do not have a job offer, in itself, there is no immigration plan, since the main element is missing: the job offer. 

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However, when you have a Canadian employer who is going to give you a job offer or you are in the process of negotiating that job offer; there is a super important element after that offer, which is the famous LMIA: Labour Market Impact Assessment .

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There are going to be two types in your process: a positive LMIA requirement or a LMIA exemption. How do you understand which one you require? 

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Before answering that, let's start by understanding what an LMIA is. Basically, it is a process, where a Canadian boss has to ask Canada for permission to hire a foreigner to fill a certain position and has to prove that Canada can't get anyone to do this job. This process can be skipped if you are from a country that has a treaty with Canada, such as the FTAs covering: Mexico, Chile, Peru, Panama and Colombia.

Now, the LMIA, whether positive or exemption, has to be grouped together so that along with the offer of employment, you can apply for the work visa . Keep in mind that in many cases, employers are willing to provide the job offer, but not to initiate the LMIA process. And this is where it is very important to be able to persuade the employer to help you get the LMIA .

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If, on the other hand, you are from a country that has an FTA with Canada, remember that you can play that card, which is the LMIA exemption and thus avoid a deep negotiation, previously mentioned, which would be by positive LMIA.

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Once you get the job offer and LMIA through one of the two avenues explained above, the next step is to apply for the visa. At that point, you will need to obtain the documents that support your application. 

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1. Evaluate the position for which you are being hired, and whether your NOC or TEER in the employment requirement asks that you have a university or college degree for that position . If so, you have to attach it to your work visa application, plus the job offer, the LMIA either exemption or positive and the diploma that allows you to work in this. If, on the other hand, that TEER or NOC does not ask for an educational diploma, don't worry about it. 

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2. In addition to education, many NOCs or TEERs in the employment requirement will ask that you have some experience. That is, in the application, you must also attach evidence of your work in that field, either because you have been an employee or business owner in that field. As much as you can collect, it will serve to demonstrate that you have experience in the work you are coming to Canada to do.

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3. Valid passport. If you apply with your family, in one application, you all apply for the visa. 

How can Immiland help you in this process?

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If you get a job offer and find that your boss is interested, but reluctant, because he/she may not understand the immigration process very well and neither do you, Immiland offers an service job offer negotiation service. The purpose of this negotiation is to explain to the employer the different elements that must be followed in order to obtain a positive LMIA or exemption and to ensure that the employer gives you a valid job offer and is willing to apply for LMIA and understands the legal backing of this process. 

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And while Immiland is charged with doing this 100%, we don't guarantee that the employer is going to accept . We guarantee that the parties will be clear on the process that they need to follow, and our goal will be to try to get the employer to deliver both the offer of employment and their willingness to subsequently apply for a positive LMIA or exemption .

Let's learn together about it, build trust and avoid scams, so do not hesitate to write us at: info@immilandcanada.com, we will help you with your whole process. 

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See you next time.

Love, Immiland. 

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