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Canada Work Permit Rejected due to LMO

dagny123

Newbie
Feb 18, 2011
2
0
Hi All,

I work with a software company. My Canada work permit is rejected due to LMO. The reasons are given to me are as below -

" You have not demonstrated that you come within the exceptions under section 186 of the
Regulations exempting you from the requirement to obtain a work permit or that your
employment in Canada comes within the exceptions to section 203 of the Regulations. As a
result, your offer of employment must be the subject of an economic effect determination before
a work permit can be issued to you. Your employer in Canada should contact the local office of
Service Canada to begin this process.

You are not in possession of a valid Labour Market Opinion (LMO) from Service Canada.

For an intra-company transferee application claiming specialized knowledge, officers consider a number
of factors including the applicant's experience, the description of his or her specialized knowledge, and
the proposed occupation and salary to determine if the claim is fully supported. You have not
demonstrated that you have the specialized knowledge required to meet the requirements of the LMO
exemption for intra-company transferees."


Can anyone please tell me how to resolve this and how much approximate time it is going to take.


Thanks a lot in advance.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
What province are you applying the WP for? Temporary Foreign workers who work in the information technology field are no longer exempt from Labour Market Opinion. Your prospective employer must advertise for the position for at least 14 days with the national job bank and if no Canadian Citizen or permanent resident applied or qualified can then apply for a labour market opinion in your favour. Once you have the positive LMO then you can send you application for a WP.

dagny123 said:
Hi All,

I work with a software company. My Canada work permit is rejected due to LMO. The reasons are given to me are as below -

" You have not demonstrated that you come within the exceptions under section 186 of the
Regulations exempting you from the requirement to obtain a work permit or that your
employment in Canada comes within the exceptions to section 203 of the Regulations. As a
result, your offer of employment must be the subject of an economic effect determination before
a work permit can be issued to you. Your employer in Canada should contact the local office of
Service Canada to begin this process.

You are not in possession of a valid Labour Market Opinion (LMO) from Service Canada.

For an intra-company transferee application claiming specialized knowledge, officers consider a number
of factors including the applicant's experience, the description of his or her specialized knowledge, and
the proposed occupation and salary to determine if the claim is fully supported. You have not
demonstrated that you have the specialized knowledge required to meet the requirements of the LMO
exemption for intra-company transferees."


Can anyone please tell me how to resolve this and how much approximate time it is going to take.


Thanks a lot in advance.
 

dagny123

Newbie
Feb 18, 2011
2
0
job_seeker said:
What province are you applying the WP for? Temporary Foreign workers who work in the information technology field are no longer exempt from Labour Market Opinion. Your prospective employer must advertise for the position for at least 14 days with the national job bank and if no Canadian Citizen or permanent resident applied or qualified can then apply for a labour market opinion in your favour. Once you have the positive LMO then you can send you application for a WP.
I am applying the WP for Ontario.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
IT exemptions for LMO are granted to Quebec and BC (till March 2011). Your employer has to apply for LMO in your favour after showing recruitment efforts.

dagny123 said:
I am applying the WP for Ontario.
 

PA_TFW

Newbie
Feb 18, 2011
3
0
Yes,
Starting Oct 1 2010, all the employers of IT professionals have to apply for LMO in order to for their employee to get a WP.
Once a positive LMO is received, WP extension application can be filed.
A new rule also states that ext of WP can be done in parallel while your LMO is in process.
You have to prove that LMO application is in process.
 

JGK

Star Member
Jul 16, 2010
175
5
123
Vegreville, AB
Category........
Visa Office......
Buffalo (File Moved to Detroit July 2011)
NOC Code......
0212
Job Offer........
Pre-Assessed..
App. Filed.......
10-09-2010
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31-05-2010
AOR Received.
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IELTS Request
N/A
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01-03-2011
Med's Done....
22-03-2011
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Not required
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13-09-2011
VISA ISSUED...
26-09-2011
LANDED..........
12-10-2011
PA_TFW said:
Yes,

A new rule also states that ext of WP can be done conurrently (in parallel) while your LMO is in process.
You have to prove that LMO application is in process.
Concurrent processing was discontinued in July 2010. you have to have the LMO before you apply for the WP
 

star1live

Newbie
Oct 26, 2010
4
0
A sister came to Canada to write her Canadian Nursing Exams. She passed and applied for a work permit and was refused. Then she appealed. After almost a year waiting for the result of the appealed, she was denied residence yesterday, even when her new employer applied for her. Now she has been told to leave the country. Currently she is a qualified licenced Canadian Nurse. She has been weeping all day uncontrollable. Immigration even promised to give her air ticket to go back to Africa with extreme poverty. Please whats the way forward? Any hope of fruitful legal representation for her?
Thanks,
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Where did she apply for her work permit? For what position was the WP app? Also was a LMO attached with the application (I mean did the prospective employer advertise for the position before applying for LMO in her favour?)

star1live said:
A sister came to Canada to write her Canadian Nursing Exams. She passed and applied for a work permit and was refused. Then she appealed. After almost a year waiting for the result of the appealed, she was denied residence yesterday, even when her new employer applied for her. Now she has been told to leave the country. Currently she is a qualified licenced Canadian Nurse. She has been weeping all day uncontrollable. Immigration even promised to give her air ticket to go back to Africa with extreme poverty. Please whats the way forward? Any hope of fruitful legal representation for her?
Thanks,