CEC application submitted/LMO has been denied

[jes_ON]

Yeah, I was pretty excited when I found out that CEC applications are moving so fast, I always expected it to be 15 months as it says on the CIC website, but that information is probably not reliable as I remember it indicating 15 months for a VERY long time.

Those processing times indicate the average length of time that recent approvals have taken - that is, for people who applied (on average) 15 months ago. It is historical data, it is not a service standard - in fact, CIC recently implemented service standards (length of time CIC thinks it SHOULD take to process 80% of applications). it was 6-8 months, but has recently been changed to 10 months.
http://www.cic.gc.ca/english/department/service-standards.asp

It is true that the Buffalo office closed,

YES.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob425.asp

I'm not sure how that will affect application processing times, who sends it to Buffalo anyways ?
If you are in Canada why would you ever send it to Buffalo, don't most people send it to Ottawa (CPP-O) ?

Well, up until May 29 of this year, nearly ALL CEC applicant selected Buffalo as their VO (as most applicants are residents of Canada, and Buffalo was the VO for residents of USA and Canada.), and all applications were processed by Buffalo. CPP-Ottawa was only a pilot test, and applications processed there were forwarded by Buffalo - selecting CPP-O was not an option before then. CIC has been gradually changing CEC processing procedures to allow other Visa offices to process CEC applications, and with the closure of Buffalo, new applicants can submit to CPP-O.

It is hard to say how moving all those CEC applications from Buffalo to CPP-O will affect processing times.


I will be completing 1 year of work experience in September, that's when I will send my Application. I still have a few things left like translating documents, and doing the English test.

Let the above serve notice that program requirements can and do change at any time. Make sure you are up-to-date before you submit your application.

 

[gihad]

Thanks for all that information!

Do you know when the service standards changed from 6~8 months to 10 months ?

In any case, 10 month is better than the 15 months.

EDIT: I found this topic: http://www.canadavisa.com/canada-immigration-discussion-board/service-standards-t86532.0.html
It's from October 2011 and it already stated 10 months as the service standard time, a lot of people who applied in December already got their PR.

I'm not saying we should expect to get it in 6,7 months, but it is possible.

 

[mahek286]

Thanks for all that information!

Do you know when the service standards changed from 6~8 months to 10 months ?

In any case, 10 month is better than the 15 months.

EDIT: I found this topic: http://www.canadavisa.com/canada-immigration-discussion-board/service-standards-t86532.0.html
It's from October 2011 and it already stated 10 months as the service standard time, a lot of people who applied in December already got their PR.

I'm not saying we should expect to get it in 6,7 months, but it is possible.

I am just wondering if you'd considered switching to a study permit while your CEC application gets processed. My work permit expires soon too and I am currently unemployed. Most employers I interviewed with are not willing to go the LMO route so I signed up for a graduate certificate and obtained a study permit to maintain my status while my CEC application gets processed.

 

[IrishinCanada]

So my initial LMO was denied by the HRSDC officer who claims that a Canadian should be able to take my current position. My employer has since submitted a new LMO request in the hopes that they see sense and understand that after 2 years in the same position, I now have specific skills and training that a person simply cannot walk in off the street and take over.

My employer has also increased my contract to 1 year, however my work permit expires next week and I've just submited an online application to extend the conditions of my work. I've also explained in the 'Reason for Request' field as to my current situation and how I've applied for CEC residency and a commitment to my employer in a bid to build a career in Canada.

My question is, IF another negative LMO is given, is there any way that CIC Vegreville will look upon the application lightly and provide a work permit regardless on the basis that I've applied for residency? Or is it absolutely mandatory to provide an LMO?

 

[SenoritaBella]

A LMO is mandatory. Hopefully, you get a positive outcome from HRSDC.

 

[IrishinCanada]

A LMO is mandatory. Hopefully, you get a positive outcome from HRSDC.

So the CIC can't overule the decision, if they see fit?

 

[SenoritaBella]

No such thing. The other option is to find a job that is LMO-exempt.

So the CIC can't overule the decision, if they see fit?

 

[mahek286]

So my initial LMO was denied by the HRSDC officer who claims that a Canadian should be able to take my current position. My employer has since submitted a new LMO request in the hopes that they see sense and understand that after 2 years in the same position, I now have specific skills and training that a person simply cannot walk in off the street and take over.

My employer has also increased my contract to 1 year, however my work permit expires next week and I've just submited an online application to extend the conditions of my work. I've also explained in the 'Reason for Request' field as to my current situation and how I've applied for CEC residency and a commitment to my employer in a bid to build a career in Canada.

My question is, IF another negative LMO is given, is there any way that CIC Vegreville will look upon the application lightly and provide a work permit regardless on the basis that I've applied for residency? Or is it absolutely mandatory to provide an LMO?

Were you on a PGWP? I thought employers hiring ex-PGWP holders do not have to advertise for the job/seek Canadian employees when applying for LMO.

 

[IrishinCanada]

Were you on a PGWP? I thought employers hiring ex-PGWP holders do not have to advertise for the job/seek Canadian employees when applying for LMO.

No I was never on a PGWP. I initially came here in an IEC work visa.

 

[IrishinCanada]

So my 3rd LMO was denied, this is the 2nd time that this has occured however and previously, after re-applying I received a positive LMO. Just a point to note, the LMO officer who denied my LMO was suddenly on maternity leave the next week when my employer attempted to contact her to find out why the LMO had been denied. Apparently she was also extrememly unhelpful.

Fingers crossed for the 2nd time around......

 

[IrishinCanada]

So I've re-applied for another LMO as the previous application was denied, if I get this, it will be my 3rd successfull LMO.

The issue at the moment is that my work permit was submitted at the beginning of August, my LMO was submitted at the end of August and I'm concerned that I will not get an answer on the LMO before CIC pick up my application.

Any suggestions as to how I can keep both parties advised of my situation?

 

[SenoritaBella]

If/when you receive a file number or confirmation of a positive LMO from HRDSC, provide the information to the CIC call centre. Not sure whatelse you can do.

 

[Pouce]

Hi sorry to hear that man.
are you going to apply for PNP? thats the program created for you.
in BC we have a labour shortage, quite a few people use this PNP program to secure work permit.

 

[IrishinCanada]

I have already applied for CEC, so I have no interest in applying for the PNP especially as my residency application is already being processed. It's not the first time my LMO has been denied, so I'm not worried yet. I'm still under Implied Status as CIC have not started processing my Work Permit.

But I will be, if they give another negative opinion, as I wont have a job.....

 

[ZT]

Just to update everyone, or anyone in a similiar scenario, I have an appointment to discuss this issue with Olivia Chows assistant to see how they can assist me with this. I'm not sure if there is anything they can do, but bringing it to their attention will surely highlight how flaky the process is surrounding the CEC process.

Does anyone have any questions or issues they would like me to escalate at the time? Also, how long realistically am I looking at waiting in relation to the CEC application?

Hi IrishinCanada,

Can you let me know the result of your discussion with Olivia Chow's assistant? I'm currently in the exact same situation as you. I submitted an LMO back in May. My work permit was set to expire at the end of July, so I submitted an extension application a week prior to the expiration date to be on implied status. My LMO decision came back negative at the end of August (even though my employer applied for the same exact job last year and received a positive decision. Go figure.). My employer went through the process of re-advertising and submitted a new LMO application today. Just like you, I'm pretty much in a race to get a positive LMO before CIC begins processing my work permit application.

My friend has been bugging me about writing to my MP, especially because I work for an Ontario's Ministry of Health project. Anyways, thought I'd get an idea from you before I do a similar thing since I also live in the Trinity-Spadina riding.

As a tip, my employer was advised to send the new application with a cover letter via fax directly to the Temporary Foreign Worker Supervisor. They stated the importance and urgency to have the application processed right away. You may want to try the same thing to help expedite your application.