Tuesday, 29 November 2016

Immigration Corner | How Do I Get My Helper To Canada?

Dear Miss Powell,
I am 83 years old and I usually spend winters in Jamaica. I have a helper who works with me when I am there. The doctors do not recommend that I go on any extended trip and I'm in need of some help here in Canada. I do not want to be in a nursing home. I would like my helper in Jamaica to come to Canada to work for me. How can I get my helper here? My neighbour said she sponsored her helper some years ago, but that the rules have changed a bit since then. Is there a way to get my Jamaican helper to come to work for me in Canada?
- L.M.
Dear L.M.,
A Canadian permanent resident or citizen can hire an international worker to assist them in their home in Canada, provided that both the Canadian employer and the international employee can satisfy certain requirements.
Before you can make a job offer, you will first need to get a positive Labour Market Impact Assessment (LMIA) from the Canadian government. The LMIA will be your authority to hire an international employee. You can get this document from the Employment and Social Development Canada Services. If you qualify, this report will allow you to hire your helper under the Temporary Foreign Worker Programme (TFWP).
Once obtained, you should send a copy of the LMIA, along with a contract of employment, to your helper so that she can apply for a work permit under the TFWP.
Your helper/potential international employee will need to apply for an employer-specific work permit from the Visa Application Centre (VAC) nearest to her in Jamaica. She should submit the required application forms, proof of her education, work experience and other documents to show that she meets the requirement of the job that you are offering her.
A TWO STEP PROCESS
 She should also be careful to show her ties to Jamaica and that she intends to return to Jamaica at the end of her employment contract or on the expiry of her work visa. Examples of documents that she can submit are: proof that she is in a committed relationship; that she has children; tangible assets such as a house, car, bank statements, and any other information to show that she has strong reasons to return to Jamaica when her contract expires.
She will also need to submit her biometrics data, so her fingerprints will be taken at the VAC. She must also pay the required processing fee when submitting the application.
This is essentially a two-step process, so you should consider contacting an immigration lawyer to ensure that both you and your employee do a pre-assessment of your eligibility before even submitting an application to the Canadian immigration authorities. That way, you will be fully aware of all the requirements beforehand and ensure that you can both meet them. This could save you both a lot of time, and money and prevent undue stress.
- Deidre S. Powell is a lawyer, mediator and notary public. Send your questions and comments to info@deidrepowell.com or call 613-695-8777 or 876-922-4092

Tuesday, 22 November 2016

Immigration Corner | Tell me about these changes to the Canadian Immigration System


Immigration Corner | Tell me about these changes:

Dear Ms Powell,

I saw online that professionals can sponsor themselves to become citizens of Canada. I tried a few years ago, but I didn't get through. A friend said that there have been changes to the system, and since I am a manager at a bank and my husband is a mechanic, we stand a good chance. My sister is also interested, and she works at a hotel as a chef. Can you please tell me what the changes are and how we can qualify?
- C.J.
Dear C.J.,
The Canadian government has several programmes under which individuals can apply to become permanent residents, and later, citizens. The programmes are monitored by Immigration Refugee and Citizenship Canada (IRCC). Although family sponsorship is possible for parents, grandparents, children under 18 years, to name a few, many individuals have found that self sponsorship is a viable option.
To qualify, individuals need to satisfy the requirements under the Federal Skilled Trades Programme, Federal Skilled Worker Programme, Canadian Experience Class, and Provincial Nominee Programme. These are called economic programmes, and applications are accepted through the express entry system.
The express entry system was introduced in January 2015 as an electronic system used to select individuals who qualify under one of the above programmes to invite them to apply for permanent residence of Canada. There is no cap on the number of applications being accepted and there is no strict occupation list. Individuals who receive an invitation to apply can expect to get permanent residence in approximately six months.
The key is to have the highest possible score based on age, adaptability, language ability, education, work experience, job offer, and provincial nominee. The aim is to get a maximum of 1,200 points based on those criteria.
Each individual will be required to enter personal information accurately into the Canadian government system. Points will be awarded using the comprehensive ranking system. In previous articles, I outlined how to maximise your scores and to receive an invitation to apply for permanent residence. IRCC has been having regular rounds of invitation to qualifying individuals. Therefore, it will be up to the individuals to take steps to improve their scores to over 450, based on the past trends.
Recently, the Canadian government made changes to the points granted to applicants based on their job level or national occupational classification and job offers with or without labour market impact assessment report (LMIA) and study in Canada.
Previously, there was a scramble to get a job offer from a legitimate employer who had an LMIA report as only LMIA- exempt jobs or jobs with LMIA reports were worth 600 points. No point was granted to offers without an LMIA.
However, under the new rules, which came into effect on November 19, 2016, an individual can get between 50-200 points for a qualifying job offer. A professional or manager who has education and experience in certain jobs, or a CEO, directors, or managerial jobs such as legislators, managers in the financial, trade, communications, broadcasting health, education, social services, community services, membership organisations, construction, transportation, production, would could gain an extra 200 points just for occupation.
Occupations such as human resource manager, purchasing manager, financial managers, fire chiefs, police officers, administrative assistants, legal assistants, insurance underwriters, bookkeepers with a qualifying job offer could get 50 points.
SKILL TYPE
This is a relief to many potential applicants as there is no longer a strict requirement for LMIA. However individuals with an LMIA would still get additional points under the new system.
The skilled trades occupations are still eligible and in demand. These include cooks, bakers, chefs, butchers, industrial, electrical, construction, equipment operation, technical jobs in natural resources, agriculture, processing, manufacturing, utilities supervisors, and central control operators. All these skills are automatically classified as skill type 'B' and will be admitted into the pool. If an individual has a job offer, then an additional 50 points will be granted.
STUDY
Previously, no extra point was awarded for Canadian study. The only benefit was that those individuals who studied in Canada were exempted from providing the standard educational credential assessment report.
Under the new system, additional points are being awarded for Canadian study as follows: 15 points for one-or two-year post-secondary programme; 30 points for a three-year programme, master's, or PhD. The applicant will need to prove that they were physically present in Canada in a programme for at least eight months.
Many international students are relieved to see this change as this means that their chances of receiving permanent residence after a minimum of one year of study have improved significantly.
The provincial nominee programme is still the most valuable way of gaining 600 points to get an ITA for permanent residence.
Once an ITA has been granted, a candidate has 90 days instead of 60 days in which to submit all the supporting documents for final processing.
It is expected that around 51,000 international applicants will receive permanent residence in 2017. The key is to have a strategy to ensure that you maximise your points in order to be selected.
I strongly recommend that you meet with an immigration lawyer to assess your eligibility and have an immigration plan.
- Deidre S. Powell is a lawyer, mediator, and notary public. Send your questions and comments to info@deidrepowell.com. Call 613.695.8777 or 876.922.4092/8899. Find her on Facebook: jamaicanlawyer.

Tuesday, 15 November 2016

Immigration Corner | Can my granddaughter sponsor me?


Dear Miss Powell,
My granddaughter lives in Canada. Can she file for me? My daughter died recently and I don't have any other relatives here in Jamaica. I'm retired and she is 28, married, with one child. I think I could be helpful to her, plus it would be a joy to just be close to my granddaughter and her family.
SW
Dear SW,
If your granddaughter is a permanent resident or a citizen of Canada, she can sponsor you to become a permanent resident of Canada under the family class category of parent and grandparent sponsorship. Immigration, Refugee and Citizenship Canada (IRCC) has limited the number of applications that it will accept on an annual basis to 10,000. The quota is currently full; however, the programme will be reopened on January 3, 2017. Therefore, now is the time to prepare your documents so that you can submit them promptly when they begin accepting applications.
Your granddaughter must prove that she is financially able to sponsor you. This means that she must not have had government financial assistance for any reason other than as a result of a disability and not declared bankruptcy or defaulted on an immigration loan payment. She will be required to sign a sponsorship agreement indicating that she will be financially responsible for you for a period of time ranging anywhere from three to 10 years from the time that you have been granted permanent residence.
 REQUIRED INCOME
She will need to be earning a minimum of CAD$38,272 per annum, and the amount increases based on the number of persons in your granddaughter's family. There is a federal income table for sponsors of parents and grandparents that you will need to examine, and you will also need to provide the Notice of Assessment from Canada Revenue Agency (CRA) for the past three years.
To be eligible, she must not have been convicted of a criminal offence or an offence against a family member.
Your granddaughter must submit an application to sponsor you. To do so, she will need to complete the required forms which are available online. The forms must be done accurately and be consistent with the facts and supporting documents. Examples of the forms to be submitted are the application to sponsor and sponsorship agreement. If she is using an authorised representative such as a lawyer, she should also complete a use of representative form.
REQUIRED DOCUMENTS
The required supporting documents are a photocopy of her passport, permanent resident or citizenship card/certificate, and birth certificate that shows her status in Canada. She must also submit a photocopy of her parent's birth certificate, with your name as the mother to prove that you are her grandmother. If she is using a co-sponsor such as a spouse or another family member, similar documents will be required of the co-sponsor.
The required fee must be paid online and proof of payment submitted with the application. You will be required to do criminal and medical checks as part of the process.
This process can take anywhere from 12 to 24 months to process, so you should ensure that you and your granddaughter are prepared to submit a completed application along with all the required supporting documents on January 3, 2017. All documents must be mailed to the Case Processing Centre in Mississauga.
I strongly recommend that you consult with an immigration lawyer immediately to ensure that you get personalised responses to all your questions.
Deidre S. Powell is a lawyer, mediator and notary public Email: info@deidrepowell.com Subjectline: Immigration or Tel: 613.695.8777/ 876.922.4092 or contact her on Facebook: Jamaicanlawyer

Tuesday, 25 October 2016

Immigration Corner | I fled abuse in Canada

Immigration Corner | I fled abuse in Canada:

Dear Miss Powell,
I got married to a Canadian citizen and he filed for me. I got through and went to Canada. I was excited about my new life. However, from the day I landed in Canada I started getting all kinds of abuse. I decided to stick it out as I really love my husband. I found out that I was pregnant and I wasn't sure how he would take the news, so I asked a minister to talk to him about the way he is treating me. The minister called and talked to him and he got mad at me, saying I had no right to bring his business to the public. He hit me on my face and flung me across the room. I was so scared, I called my family in Jamaica and they said that I should leave him and come back to Jamaica before he kills me and the baby. I packed a bag when he went to work and returned to Jamaica to my parents.
I've been in Jamaica about three weeks and my husband has called and threatened me almost every day. He said he is going to tell Immigration that I left him so that I cannot go back to Canada. I don't know what to do as I'm pregnant and I'm scared that if I go back he will cause me to lose my baby. I am also worried that if I stay in Jamaica, he could jeopardise my right to live in Canada. What can I do? Help me and my baby, please.
- A.Y.
Dear A.Y.,
I am sorry to hear about your situation. Abuse is a serious offence. It is not tolerated in Canada and should be reported, especially since you have a genuine fear for your safety and the safety of your child.
Your immigration status in Canada depends on the terms under which you were granted permanent residence. If at the time when you were sponsored, you were in a relationship for less than two years and you did not have a child together, you may have received 'conditional' permanent residence.
This policy was introduced by Immigration, Refugee and Citizenship Canada (IRCC, formally known as CIC) which came into effect in 2012. This policy was implemented in an effort to cut down on fraudulent marriages or marriages of convenience by individuals who were seeking Canadian permanent residence.
Based on the brief information provided, your situation is different. You did not state the length of time that you were in a relationship or if you had a child with your husband at the time of the application. Your rights as a conditional permanent resident are the same as those of a permanent citizen. This includes being permitted to leave Canada and to return to Canada, and you do not need the permission of your husband to do so.
In any event, your conditional status in Canada would have ended once the two-year period expired. If you received conditional permanent residence less than two years ago, you are not forced to stay in the relationship just to maintain your permanent residence in Canada.

HELP IS AVAILABLE

If you are being abused by your husband, who is your sponsor, then you have a responsibility to yourself and your unborn child to protect yourself and to report it the authorities. The police in Canada can be very helpful plus there are a number of support groups that you may contact.
Abuse can take many forms, including physical, sexual, psychological and failing to provide the necessities for life.
You can request an exception to your conditional permanent residence limitations, which can be done anytime during the two- year period. You can do this by calling the Canadian government immigration call centre at 1-888-242-2100.
When you are reporting the abuse to IRCC, you must show evidence that the abuse was the reason for the breakdown of the marriage. A written statement from your minister and medical reports would be helpful.
IRCC may contact you within five days for a phone interview. You will be required to submit statements and evidence later. This evidence will be used to make a decision on whether to grant the exception. This will be based on whether the IRCC officer believes there is sufficient evidence of the abuse and does not depend on the severity of the abuse. It is best to provide the officer with as much details and evidence as you can.
You did not state whether you were working at the time or if you had other friends or family members in Canada who provided support to you. However, this is a serious issue and you do not need to suffer alone or stay in Jamaica if you do not want to. Remember, remaining outside of Canada for an excessive amount of time could jeopardise the renewal of your permanent residence card when it expires.
There are many options available to you. Some are: contact an immigration lawyer directly; call the Canadian police, department of justice or health services. You can also go directly to the hospital, medical clinic or your family doctor. There are many legal aid clinics, crisis hotlines, victim support organisations and immigrant serving agencies all over Canada. Please get the personal help you need.
 Deidre S. Powell is a lawyer, mediator and notary public. Email: info@deidrepowell.com Subject line: Immigration or Tel: 613.695.8777 or contact her on Facebook: Jamaicanlawyer.

Wednesday, 12 October 2016

Tips To Improve Your CRS Score for Express Entry


Dear Ms Powell,
How can I get permanent residence in Canada? My husband is a chef and we would love to qualify.
- W.L.
Dear W.L.,
I am continuing my answer from two weeks ago, and I hope to provide you with tips on how to improve your Comprehensive Ranking Score, so that you can receive an invitation to apply for permanent residence in Canada.
You will need to provide language reports for English and/or French.
Canada is looking for individuals who can fill the gap in the labour market and contribute to the economy. They are looking for professionals or federal skilled workers, as well as certain specified skilled trade workers.
TRADE WORKERS
The skilled trades that are currently eligible for the Federal Skilled Trades Programme and the Express Entry System are those that are classified as industrial, electrical, construction, maintenance and equipment operation, supervisors and technical jobs in natural resources, agriculture and related production, processing, manufacturing and utilities supervisors, central control operators, chefs, cooks, butchers and bakers. All these skills are classified as skill-type B and will be admitted into the pool.
A report from the Canadian government revealed that over 12,000 individuals received invitations to apply for permanent residence in 2015. Majority of the applicants came from occupations such as food service supervisors, cooks, information systems analysts and consultants, software engineers, computer programmers, university professors and lecturers, financial auditors, accountants and investment analysts.
You will need to show proof of training and education by way of an Educational Credential Assessment report, as well as a minimum of one year's work experience in the occupation.
Your profile will be reviewed and points will be given based on factors such as core human capital; accompanying spouse or common-law partner; skill transferability and factors relating to a provincial nomination or a job offer from a qualified employer.
A single applicant can get up to 500 points just based on core human capital factors. Points will be awarded based on age, level of education, language proficiency and Canadian work experience (minimum of one continuous year).
Additional points can be obtained from receiving a valid job offer or provincial nomination. You can get an additional 600 points if you have a valid job offer with a Labour Market Impact Assessment report or a provincial nomination. You will need to submit a separate application to the provinces in order to receive a provincial nomination.
Here are examples of possible scores:
Mary is 27 years old with a master's degree. She scored the maximum points in each band in her English test; no French language exam; five years' post graduation work experience outside of Canada; no job offer; no provincial nomination. She is married to John 38, who has a bachelor's degree, received the maximum in the English test. They have one child and CDN$20,000 in savings.
Mary and John could get a score of approximately 488 based on the combined Core/Human, Spouse and Skill Transferability factors and likely to get an invitation to apply for permanent residence within six months.
Andrew is 24 years old; has a bachelor's degree; three years' work experience; English test scores of 8.5 in each band; French exam: 120 in each band; CDN$13,000 in savings; no children; no provincial nomination; no job offer.
He would get an approximate CRS of 441. He would be admitted into the express entry pool. However, his chances of receiving an invitation to apply for permanent residence would greatly improve if he does a one-year master's degree or re -sits the French examination and gets a minimum of 300 points in each band. That would result in his score improving to 452.
(OTHER UNPUBLISHED EXAMPLES)
Alan is a 45 years old, PhD from UWI, No children, 10 years work experience outside of Canada, CAD$50,000 savings, no PNP, No job offer. IELT maximum scores. TEF score 300 in each band. Brothers in Canada.

Alan could get approximately 350 points.  Although he has the highest possible points in Languages and Education, he would not receive points for his age.  He should still apply under express entry and also apply for a Provincial Nomination from a Province or Territory and also try to get a job offer via the job bank portal to increase his chances of receiving an invitation to apply.

Alan also has a girlfriend, Janice, 28 year old, ( dating less than 1 year and not living together), She has  a Masters, 3 years work experience, maximum IELTS scores, maximum French scores, No job offer, No PNP.

If Alan and Janice gets married their combined points would be approximately 516 and  they both stand a good chance of receiving an ITA and permanent residence of Canada within 6 months.

Lisa is single, 26 years old, Master Degree, scored the maximum on her IELTS, No French test, has 3 years’ post graduation work experience, no letter of nomination from a province, has CAD$12,500.00 in savings. No children.

Lisa could get a CRS of approximately 481 and could get an invitation to apply for permanent residence within 6 months.

Andrea is a single 35 years old with a PhD from University of London, Master and Bachelor degrees from UWI, maximum scores on her CELPIP, No job offer, No PNP, No children, 2 years work experience. Investments of US$12,000.00.

Andrea could get a CRS of approximately 466 and receive an invitation to apply for permanent residence within 6 months.  She should also apply for PNP to increase her chances of getting an additional 600 points.

Marcus is 32, Single, One year post secondary certification, 1 year work experience in Canada as a chef, 6 years work experience in Jamaica, has a relative in Canada, IELTS scores are 7 for reading, speaking, writing, 7.5 for listening, for French Exam he got basic score- Reading 125, Speaking 190, Listening 150, Writing 200, one child, Saving CAD$15,000.

Marcus would get approximately 416 for his CRS.   If he repeats the English examination and get a minimum of 8 in each band, his score would jump to approximately 448.  If he also repeated the French examination and scored a minimum of 230 in each band he could get a CRS of 454 and could get an invitation to apply for permanent residence within 6 months. He will need to have full legal custody of his child or have a written consent from his child’s mother.

Andrew is 24 years old, Bachelor Degree, 3 years work experience, IELTS scores 8.5 in each band, French Exam: 120 in each band, CAD$13,000 in savings, no children, No PNP, No job offer.
He would get an approximate score of 441.  He would be admitted into the express entry pool.  However, his chances of receiving an invitation to apply for permanent residence would greatly improve if he does a one year masters degree or re-sit the French, TEF examination and get a minimum of 300 points in each band. That would result in his score improving to 452.
So, you see it is important to get the highest possible scores for the language examinations. That is the easiest ways to increase your score and improve your chances of getting permanent residence in Canada. Pay special attention to the listening examination and aim for a minimum of nine in this particular category. This is a sure way of maximising your overall points.
To find out your score based on your particular situation and for additional tips on how to maximise your scores, consult with an immigration lawyer.
Deidre S. Powell is a lawyer, mediator and notary public. Send your questions and comments to info@deidrepowell.com or call 613.695.8777 or 876.922.4092. Find her on Facebook: Jamaicanlawyer.

Tuesday, 27 September 2016

Immigration Corner |Frustrated By Express Entry Application Process



Dear Ms Powell,
In 2014 I applied under the Federal Skilled worker programme to become a permanent resident of Canada. I was sure I would get through as I have relatives in Canada and high scores on my language exam. However, my package was returned as they said they had reached the cap. In 2015, I submitted my application under the express entry system. The computer system miscalculated my scores and there was nobody to speak with to complain. I stayed in the system hoping to get an invitation to apply. One year passed and I got notice that my profile expired. My problem is that my language exam results have expired and I have to re-sit. Why is the English report only valid for two years? I am from an English-speaking country and I have a master's degree. The date for sitting the exam is far away and the cost is high. Should I even bother trying?
How can I sponsor myself and my family to go to Canada? My husband is a chef and I thought that would help our application. Do I need to get an employment agency to help me get a job?
- W.L.
Dear WL,
I feel your frustration. Many individuals worldwide are asking the same questions, so I will do my best to answer you as comprehensively as possible.

LANGUAGE TESTS
I will begin with the English examination. You must have a valid International English Language Testing System (IELTS) General Training Report in order to apply. This is a standard requirement for all applicants. That said, Immigration, Refugee and Citizenship Canada (IRCC) has stipulated that the language examinations are only valid for two years. I cannot comment on the rationale for this. However, that is the current rule. It would be wonderful if IRCC changes this rule to a minimum of five years, just as they have done with the Educational Credential Assessment (ECA) report.

ENGLISH TESTS
You are not restricted to the IELTS. Some individuals, who already have their Canadian temporary resident or visitor's visa, have been opting to visit Canada to sit the CELPIP General Examination for immigration purposes (see www.celpiptest.ca).
I will elaborate some more on the IELTS since it is the most popular examination.
Here are the best tips I can give you with respect to the IELTS: study hard and do the online practice test. Go to classes if they are available in your area. Most importantly, practice speaking and writing in English all the time, months before the exam. Even in your Facebook updates!
Try to avoid patois or any other language for at least a month before the exam, especially if English is not your first language. (This is for my international readers). Encourage your family and friends to do the same with you. Remember you will be tested on your ability to read, speak, listen and write British English.
Getting the highest possible score under the language section is one of the easiest ways to improve your comprehensive ranking score (CRS) and increase your chances of receiving an invitation to apply for permanent residence to Canada.
I usually recommend to all my clients and their spouses, to get at least eight in each category to maximise their chances. The key to note is that, to get the highest possible score for English, both you and your spouse should sit the English exam. You, as the principal applicant, should try to get no less than the following in each band: Listening - 8.5, Reading - 8, Writing 7.5, Speaking: 7.5.
FRENCH TESTS
If you really want to maximise your scores for Canada's first and second languages, you should consider sitting the Test d'Evaluation de Francais.
Many individuals in Jamaica shy away from sitting this examination because of a fear of not passing or lack of information about the availability of the test in Jamaica. However, I encourage you to study and practice French. Lessons are available at the Alliance Francais Office in Kingston. You may send an email toalliancefr.jm@gmail.com to request information.
I encourage you to go online and download the candidate handbook for each test and begin practising. You will be tested on the same criteria as the English examination.
Do you need a job offer to get permanent residence?
Your goal is to get a CRS over 450 based on the current trend. Although having a job offer will give you an extra 600 points, you DO NOT need a job offer to get an invitation to apply. I do not recommend that you pay employment agencies to find you a job. Most employment agencies are paid by the employers to find skilled labour. If you choose to use an agency instead of the Government of Canada, job bank portal, you must ensure that you receive a copy of the Labour Market Impact Assessment (LMIA) report and investigate its validity.

ELIGIBLE OCCUPATIONS
There is no cap on the number of applications that IRCC will admit into the express entry pool. There is no specific occupation that is required. You are however required to have at least one year work experience in your primary occupation.
Your primary occupation means the job that you have experience in within the past five years, that you want your immigration application to be based on. Although there is no specified list of eligible jobs, your experience must fall within the National Occupational Classification (NOC) codes that are within the category of skill type A, B, O. Usually, professionals, managers, supervisors and some officers fall within that category.
That does not mean that individuals who are qualified in certain trades won't qualify. As a chef, your husband's occupation should play a significant role in the overall scores that you get as a couple.
I will continue to answer your question next week.
Deidre S. Powell is a lawyer, mediator and notary public. Send your questions and comments to info@deidrepowell.com. Put in the subjectline: immigration. Call 613.695.8777 or 876 922 4092. Find her on Facebook: jamaicanlawyer
Source: http://jamaica-gleaner.com/article/news/20160927/immigration-corner-frustrated-application-process

Tuesday, 20 September 2016

Immigration Corner | Offered A Job In Canada

Dear Miss Powell,
I got a job offer from a Canadian company and I wanted to update my express entry profile, but I keep getting asked about an 'LMIA'. What is that? How do I get one? I know that if I have a job offer then I would get all the points I need to get permanent residence. Do I really need one?
- AR
Dear AR,
LMIA is an acronym for Labour Market Impact Assessment Report. This was previously called the Labour Market Opinion (LMO).
Usually an employer is required to apply to Service Canada for permission to offer a legitimate job to someone who is outside of Canada. The permission is usually granted once the applicant employer can prove to the authorities that there is a genuine shortage of individuals in Canada who can fill the position.
After the employer submits the completed application, supporting documents and fees, a report will be prepared to show the impact that hiring a foreign worker has on the current Canadian job market.
Service Canada will examine the benefit of hiring an international worker to the prospective employer and to the overall development of Canada. Once a review is completed, then an LMIA will be issued. Your prospective employer will need to provide you with a copy of that positive LMIA in order for you to add the information to your express entry profile.
CAUTION
If you receive a job offer, it is your duty to do your own due diligence by either consulting with a Canadian immigration lawyer or doing some research on your own to find out about the company and whether the job offer is legitimate.
Although most companies have a website that you can peruse, this will not be enough. In some cases, employers may even present a copy of the LMIA, but this LMIA could be revoked or cancelled. Although this is rare, it is your duty to do your research in order to avoid disappointments.
It is recommended that you examine the Immigration Refugee and Citizenship Canada (IRCC) website to find out if the company is eligible to offer a job in the first place. There is a list of all the employers who are blacklisted or ineligible to hire foreign workers. The list is short, however it is important to check to ensure that an LMIA has not been revoked or cancelled after it was granted.
These companies usually make it on that list due to a breach of immigration rules; or the employer or a group of employers have provided false or misleading information when the application was made. Other reasons for the cancellation or revocation could also be as a result of new information that has been brought to the attention of the authorities that implies that employment of a foreign national, in this particular job, could cause a significant negative effect on the Canadian labour market.
The key thing to note is that your prospective employer will need to submit an application to one of the designated centres, demonstrate that efforts were made to fill the position locally in Canada and that in spite of their efforts, including taking advantage of the employer assistance programmes, they have not been able to find suitable workers in Canada.
They would have to show that there is a genuine need for this position to be filled and explain the impact that the lack of having that person could have on the viability of their business. If this is a job for personal services such as live-in caregiver, the process would be similar except that the prospective employer's home may be inspected.
The employer should expect to be scrutinised by the authorities. They will evaluate the employer to ensure that the individual or company is a suitable employer and that the correct salary, employment contract and work conditions are suitable. This investigation is also for your own protection.
This type of investigation does take time, especially if your employer is applying for the first time.
LMIA has some exemptions, such as jobs under the International Mobility Programmes (IMP), young people entering Canada through the International Experience Canada (IEC) initiative, international students who have graduated and received a post-graduation work permit, and some foreign nationals who are working in Canada while they wait for their application for permanent residence to be finalised. This is not an exhaustive list. Additional information can be found on the IRCC website.
ADDENDUM:  It is best to rely on jobs via the Government of Canada Website - the Job Bank Portal. Those employers have been screened by the relevant authorities. Note however that you do not need a job offer to receive and invitation to apply for permanent residence.  The key is to have a CRS score over 450 based on the latest selection trends by IRCC. 
- Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions and comments to info@deidrepowell.com or call 613.695.8777/ 876 922-4092
Published in the Jamaica Gleaner - http://jamaica-gleaner.com/article/news/20160920/immigration-corner-offered-job-canada