LMIA denial for not demonstrating sufficient effort to Hire Canadian

[sumanta18]

Hi,

I am an IT profesional staying in India at present. My Employer in Canada applied for LMIA in Regina, Saskatchewan on 25th Jan, 2018. The advertisemnet for the post was published in job sites around first of Dec, 2017. The job post was published for 2 DBA (Database Administrator) in Regina.

On 27th April my Employer informed me that the LMIA is denied. They attached the denial letter from Canadian Government. The criteria for the denial is mentioned as below -

You have not demonstrated sufficient efforts to hire Canadians in the occupation.

I have already spent $5500 for this LMIA application & work-permit visa. My employer is consideing to re-apply for LMIA after some time ( Don't know still when will re-apply ). I have lost a lot of money & time and don't know what to do now. Is there any chnace of LMIA approval in re-apply? Is Canadian govenment is now strictly checking the LMIA application and rejecting it in most of the cases?

Last year I already created a profile in Express Entry but my CRS score is below 400 which is not suffcient to get an ITA. So I approached in this way LMIA - Temporary work-permit process.

I am 35yrs old with wife and a 2yrs son in my family. Is it not possible for me to settle in Canada with my family? Please any wise members clarify or advise me. I will be extremely grateful. Thanks

 

[scylla]

Yes - LMIA requirements are strictly checked. It sounds like your employer didn't meet the minimum advertising requirements either by not posting to accepted sites, not leaving the ad up for a sufficiently long time or some other reason.

There is no point reapplying for the LMIA until your employer advertises the job again properly to meet the LMIA requirements. If you simply reapply without doing this, the LMIA will be refused again. Remember that your earlier LMIA refusal is already on record and will be easily accessible to the officer reviewing the new application. You need to address the reasons why the first LMIA was refused before you reapply.

Not sure why you have spent $5500 on the LMIA process. You shouldn't have paid for anything - the expenses are supposed to be shouldered by your employer.

 

[sumanta18]

Yes - LMIA requirements are strictly checked. It sounds like your employer didn't meet the minimum advertising requirements either by not posting to accepted sites, not leaving the ad up for a sufficiently long time or some other reason.

There is no point reapplying for the LMIA until your employer advertises the job again properly to meet the LMIA requirements. If you simply reapply without doing this, the LMIA will be refused again. Remember that your earlier LMIA refusal is already on record and will be easily accessible to the officer reviewing the new application. You need to address the reasons why the first LMIA was refused before you reapply.

Not sure why you have spent $5500 on the LMIA process. You shouldn't have paid for anything - the expenses are supposed to be shouldered by your employer.

Thanks for your reply. The advertisement was posted in Monster and Government JobBank site and up for 1.5 month before applying LMIA.

The Employer charges $5500 for whole package - LMIA applicaion & getting work-permit and Visa. I will not get any refund for LMIA rejection.

 

[scylla]

Thanks for your reply. The advertisement was posted in Monster and Government JobBank site and up for 1.5 month before applying LMIA.

The Employer charges $5500 for whole package - LMIA applicaion & getting work-permit and Visa. I will not get any refund for LMIA rejection.

Your employer didn't meet the advertising requirements if that's all they did. The ad needs to be posted in 3 places (JobBank being one of them). Sounds like they only posted the ad in 2 place. Also, the JobBank ad needed to remain up until a decision was made in the LMIA application (not just for 1.5 months).

You shouldn't have paid money in exchange for getting an approved LMIA. But it was your choice to pay that money. And yes - that money is lost.

 

[zardoz]

Thanks for your reply. The advertisement was posted in Monster and Government JobBank site and up for 1.5 month before applying LMIA.

The Employer charges $5500 for whole package - LMIA applicaion & getting work-permit and Visa. I will not get any refund for LMIA rejection.

I think that you have been scammed. This may actually be illegal.

 

[russ6970]

Agreed, you don't need to pay any money for an LMIA, it's the employer that pays for it. Did they ask you for the money? I have my doubts whether this employer is actually real. Could you post the name of the employer so we can see if they are real or not. Unfortunately, this may be a scam.

 

[Buletruck]

Agreed. Sounds like someone is running a scam. The “employer” seems to have made off with about $4,500, if they did in fact apply for a LIMA. Job bank and monster advertising is free.

 

[zardoz]

Agreed, you don't need to pay any money for an LMIA, it's the employer that pays for it. Did they ask you for the money? I have my doubts whether this employer is actually real. Could you post the name of the employer so we can see if they are real or not. Unfortunately, this may be a scam.

It would also be helpful if you could post up the initial offer letter, with your personal information redacted.

 

[sumanta18]

Your employer didn't meet the advertising requirements if that's all they did. The ad needs to be posted in 3 places (JobBank being one of them). Sounds like they only posted the ad in 2 place. Also, the JobBank ad needed to remain up until a decision was made in the LMIA application (not just for 1.5 months).

You shouldn't have paid money in exchange for getting an approved LMIA. But it was your choice to pay that money. And yes - that money is lost.

Sorry my bad. The employer posted the ad in 3 places - jobbank, monster & workopolis on 13th Dec.
But I could not find the job in job bank now. Actually I could not get any 2017 jobs in job bank now. Does not it show the previous year posted jobs?

 

[russ6970]

Who is this "employer"/

 

[scylla]

Sorry my bad. The employer posted the ad in 3 places - jobbank, monster & workopolis on 13th Dec.
But I could not find the job in job bank now. Actually I could not get any 2017 jobs in job bank now. Does not it show the previous year posted jobs?

They needed to keep the job on job bank until now (i.e. until a decision is made). That's probably why they were refused.