Canadian Experience Class - LMO (Labour Market Opinion)

[bold9k]

Hey Everyone

I just applied for my permenant residency under the Canadian Experience class and sent out my documents on the 20th of April. According to Canada posts tracking information they recieved my documents yesterday on the 23rd of April. My question however is related to applying for the LMO and than for a work permit extention.

I just needed some info regarding applying for an LMO. Is the LMO process a little different if you are a graduate from a Canadian University with one year of Canadian work experience behind you or is it the same across the board for everyone.

Would my employer have to put my Job title online for a few weeks and have to interview other candidates who are canadian citizens or permenent residents for my job position? My HR person is not that familier with the LMO process but she is willing to help me out in whatever way possible but I dont want to overburden her or put to much work on her table just for me.

 

[Zweigrilke]

Hey there,

I take from your notes that you are probably employed on the basis of a Post-Graduate Work Permit. In this case, there is no need for your employer to provide evidence for having advertised the position. Overall, LMOs are fairly consistent in their requirements across the board unless you are occupied in a profession/position that is LMO exempt.

 

[jes_ON]

I just needed some info regarding applying for an LMO. Is the LMO process a little different if you are a graduate from a Canadian University with one year of Canadian work experience behind you or is it the same across the board for everyone.

Ummm... not really, however it IS different if you were originally hired while on a Post-Graduate Work Permit (PGWP).

Would my employer have to put my Job title online for a few weeks and have to interview other candidates who are canadian citizens or permenent residents for my job position?

If you were originally hired while on a PGWP, then your employer does not have to demonstrate recruitment efforts. On the LMO application, where it asks about recruitment efforts, they need to state that you were originally hired on a PGWP (and include a photocopy of your permit). They also need to indicate that the job offer is for permanent employment.

Here is the information you and your employer need -
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

 

[bold9k]

Hey Jes_ON & Zweigrilke

Thank you so much for your information. I am on a PGWP so I guess I should be relieved that my employer won't have to go through the whole posting the job online and recruiting process. That definitely makes it a lot easier.

Thanks again

 

[bold9k]

Hey Guys so there is a new dilemma that I am really worried about. One of our Colleagues LMO just got rejected because of the Wages being offered which is about 6 dollars lower than what HRSDC requires and I have a feeling my LMO will get rejected as well. I make about 15 dollars an hour and according to HRSDC I should be getting around 21 dollars an hour. I don't understand why this is such a big issue. There are 6 other Canadian citizens who work with me who get paid the same with the same level of experience and I am the only person who is on a PGWP. I am getting paid exactly what was written on the contract when I started working and I know my employer is not going to give me a raise just because HRSDC has such high wage requirements.. what do i do in this case

 

[jes_ON]

Hey Guys so there is a new dilemma that I am really worried about. One of our Colleagues LMO just got rejected because of the Wages being offered which is about 6 dollars lower than what HRSDC requires and I have a feeling my LMO will get rejected as well. I make about 15 dollars an hour and according to HRSDC I should be getting around 21 dollars an hour. I don't understand why this is such a big issue. There are 6 other Canadian citizens who work with me who get paid the same with the same level of experience and I am the only person who is on a PGWP. I am getting paid exactly what was written on the contract when I started working and I know my employer is not going to give me a raise just because HRSDC has such high wage requirements.. what do i do in this case

Have you already submitted your application?

The only thing I can suggest is somehow that your employer document that your wages are the same as Canadian citizens/PRs in the same position... I don't know how he/she would do that, or whether it would make any difference...

 

[bold9k]

Hey Jes,

My HR person will be applying for the LMO this coming week. She says she will try her best to send everything properly but she can't take responsibility for me getting rejected becasue of the Wage rate. Apparently HRSDC does not realize that not every company in Canada is a big company that can afford to pay its employees 22-30 dollars an hour. I work for a fairly medium seized private organization. I will be getting a raise somewhere in August (thats when my PGWP expires) so my employer is going to apply for a brand new LMO under the increased wage that I will be getting but its still not close to like 22 dollars an hour that HRSDC requires.

Assuming the worst I guess i'll have no choice but to go back and wait for my permenant residency instead than come back again and look for work again.

 

[Islington]

Hi Everyone,


Here is my situation:

I have applied under CEC recently and my spousal open work permit will expire at the end of this year. I got a positive Arranged Employment Opinion for my position as I will apply under FSW as well...However I need to apply for a WP extension as I will not receive a decison for my PR by that time and I do not want to go back to my country asI'm having a baby in few weeks and it wouldn't be a good idea to go back anf forth with a new baby...I would like to wait for decision in Canda.So my questions are:

1. How can renew my spousal work permit if my spouse is no longer with that company and will not get an LMO. So the only way we can choose is to use my positive AEO. However I know that AEO is for PR and LMO is for WP, but still it looks almost the same to me and it is issued by HRSDC as well..And would they consider my application as an extension or as a new wp application? I will have to be the main wp holder and my spouse shuld be the open work permit holder....Can we switch WP-s like that ?Can I do that? Any thoughts? Do I stil have to apply for LMO ?

2. I have to send a note to immigration once my baby is born.Would it be a good idea to send along even my positive AEO as a supporting document? (to avoid concerns about lower wage)


i was trying to get the answer regarding AEO/LMO in other topics as well but it seems that people are not very familiar with this ind of situation....So I would realy appreciate some thoughts here...Anyone in the same situation?Thanks a lot!

 

[bold9k]

Have you already submitted your application?

The only thing I can suggest is somehow that your employer document that your wages are the same as Canadian citizens/PRs in the same position... I don't know how he/she would do that, or whether it would make any difference...

Hey Jes,

Since you have been so helpful I would like to ask one more question

My work permit expires on August 18th and my employer is sending my LMO by the end of this week. Now I heard it takes 3-4 months on average to get your LMO assuming it gets approved. Now when your LMO request has been sent and your work permit expires do you stop working or can you keep working under LMO applied status till you hear some kind of confirmation.

 

[jes_ON]

Now I heard it takes 3-4 months on average to get your LMO assuming it gets approved.

Depends where you are. May be faster in some places.

Now when your LMO request has been sent and your work permit expires do you stop working or can you keep working under LMO applied status till you hear some kind of confirmation.

No such thing as "LMO applied status." Only if you apply for to extend your work permit BEFORE it expires do you have "implied status." If your employer applies for an LMO and you have not gotten a response by the time your work permit expires, you can apply for a new work permit BEFORE the old one expires within 2 weeks of the expiration date (not sooner). When you submit the application, you have to indicate that your employer has already applied for the LMO.

If you wait until after your work permit expires, there is a 90-day grace period during which you can submit your application for a new work permit, along with an application for restoration of status. But you do not have implied status and you cannot continue working.

 

[jes_ON]

I have applied under CEC recently and my spousal open work permit will expire at the end of this year. I got a positive Arranged Employment Opinion for my position as I will apply under FSW as well...However I need to apply for a WP extension as I will not receive a decison for my PR by that time and I do not want to go back to my country asI'm having a baby in few weeks and it wouldn't be a good idea to go back anf forth with a new baby...I would like to wait for decision in Canda.So my questions are:

1. How can renew my spousal work permit if my spouse is no longer with that company and will not get an LMO.

The only way is for one of you to get a job offer and and LMO, and apply for a new work permit.

So the only way we can choose is to use my positive AEO. However I know that AEO is for PR and LMO is for WP,

Your AEO is only for the FSW program. You cannot use it for a work permit. You need to get an LMO to apply for a new work permit. Doesn't matter if it is you or your husband. If your employer is willing to apply for an AEO, why not also an LMO?

2. I have to send a note to immigration once my baby is born.

Yes, because you need to inform CIC about any changes to your family status.

Would it be a good idea to send along even my positive AEO as a supporting document? (to avoid concerns about lower wage)

?? Your AEO is irrelevant to your CEC application. It is only for a new FSW application.

 

[Islington]

thanks!!!!

 

[bold9k]

Hey Jes Once again thank you for the information

 

[Sal12345]

Hi Jes:

I have a question for you. I fall under the Canadian Experience Class. I have completed education here in Canada and completed my 1 year employment within my profession with a Canadian company. I was hired on a permanent basis even though I am on a post graduate work permit. I have already applied for immigration. My application was received on April 28th, 2012, but I haven't received my file number or official acknowledgement yet.

My dilemma is that my post graduate work permit expires in Oct 2012. I was told that I will need to get a LMO to extend my work permit so that I can keep on working until I get a file number. I asked my HR department and they are saying that because we hired you locally they won't apply for LMO, they stated that they only apply for LMO if they are bringing people from outside the country physically. So what steps should I take?

1. Should I just apply for work permit with out the LMO? or

Should I just keep on working ignoring the expiration of my work permit as I have already submitted a formal application to immigrate?

Please advise.

Thanks.
Sal12345.

 

[jes_ON]

My dilemma is that my post graduate work permit expires in Oct 2012. I was told that I will need to get a LMO to extend my work permit so that I can keep on working until I get a file number. I asked my HR department and they are saying that because we hired you locally they won't apply for LMO, they stated that they only apply for LMO if they are bringing people from outside the country physically. So what steps should I take?

It is possible but unlikely that your application will be processed before your work permit expires, so you should continue to ask your company to get an LMO (that is, if they want to keep you).

Their "rule" has no basis in HRSDC rules, tho. They CAN apply for an LMO for you regardless of whether you were hired locally or from abroad. Because you were originally hired under the PGWP, the LMO application is even more simple, since they do not have to advertise your position or demonstrate recruitment efforts. Show them this webpage -

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml
In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts.

If they continue to refuse to apply for the LMO, take the hint and start looking for another employer.

1. Should I just apply for work permit with out the LMO? or
Should I just keep on working ignoring the expiration of my work permit as I have already submitted a formal application to immigrate?

Hmm, what? You want to work illegally while your PR application is processing? Not a good idea...

Seriously - applying for PR does not authorize you to work in Canada. Until you actually LAND, you are not authorized to work without maintaining a work permit.