CEC application submitted/LMO has been denied

[IrishinCanada]

Hoping someone can offer advice on this matter, so here goes.

I am an Irish citizen currently living in Toronto, Ontario since November 2009 having first arrived as part of the SWAP work and travel program. I applied for a Canadian Experience Class within the last month, as I hope to keep a working relationship with this company into the near future to help build a permanent residency in Canada.

My current situation is that my most recent work permit expires on August 13th 2012, and although I have received 2 positive Labour Market Opinions with the same employer previously, I have been denied a LMO on this occasion, on the basis that they believe my employer should be able to find a Canadian to carry out my duties, which I am certain, after 2 years in my position, is not an immediate or simple solution. This now prevents me from working beyond August 13th, which even if I appeal their decision, it's highly likely that I will be unable to continue working.

I have been advised by the Canadian Immigration Centre to appeal the HRSDC's decision, as it appears to be counter-productive to deny a person intending on staying in Canada who already has full time employment, the ability to maintain their current position with an employer. My only other option would be to remain unemployed for the duration of the CEC residency application process and remain in Canada, which at this time can be up to 15 months or more, which is not an option for me due to my financial situation.

I can see others have been in a similar situation on this forum, but I have failed to see any resolution on the matter. Any advice would be appreciated.

 

[Pouce]

Hey Irishcanada,
i had a same situation like you. my working permit expired on July 9th. and LMO rejected my work permit extention. my boss fought a couple of times with LMO. the answer is LMO have to follow the rules. company should hire canadian first, advertizing 2 weeks..so many reasons. so my plan A which is to extend my working permit was failed. so i and my boss did plan B which is PNP. it will take you 2 month to be nominee. if your employer is willing to help you, i suggest you should apply for PNP. this program is for you. however, which stage are you in your CEC?
second of all, you and your boss should go talk to MP or MLA. they will help you to ask CIC what is going on?
third, you can prepare for extention of valid visa.
anyways, give me a shout if you need help

 

[IrishinCanada]

Hey Irishcanada,
i had a same situation like you. my working permit expired on July 9th. and LMO rejected my work permit extention. my boss fought a couple of times with LMO. the answer is LMO have to follow the rules. company should hire canadian first, advertizing 2 weeks..so many reasons. so my plan A which is to extend my working permit was failed. so i and my boss did plan B which is PNP. it will take you 2 month to be nominee. if your employer is willing to help you, i suggest you should apply for PNP. this program is for you. however, which stage are you in your CEC?
second of all, you and your boss should go talk to MP or MLA. they will help you to ask CIC what is going on?
third, you can prepare for extention of valid visa.
anyways, give me a shout if you need help

I only submitted my CEC within the last week, so I have a long way to go there. By the way who is MP and MLA that you refer to....sorry but I don't understand. Also, isn't the PNP another form of residency? I don't really want to go through another application considering I have already submitted one for review.

 

[jes_ON]

In Ontario, the process is a bit longer, but if (a) your employer's application (no fee) to Opportunties Ontario is approved, and (b) your application to Opportunities Ontario is approved (not free, and not cheap - 2K in Toronto - you are eligible for an open work permit. The third stage is to submit the PNP application to CIC.

http://www.ontarioimmigration.ca/en/pnp/OI_PNPNOMINEES.html

 

[IrishinCanada]

In Ontario, the process is a bit longer, but if (a) your employer's application (no fee) to Opportunties Ontario is approved, and (b) your application to Opportunities Ontario is approved (not free, and not cheap - 2K in Toronto - you are eligible for an open work permit. The third stage is to submit the PNP application to CIC.

http://www.ontarioimmigration.ca/en/pnp/OI_PNPNOMINEES.html

But I have already filed for CEC residency? Is it possible to apply for 2 different methods of residency?

 

[jes_ON]

Yes, it is permitted to submit applications under more than one program (although I certainly understand why you wouldn't want to. Such a waste. ) When one application is ready for finalizing (visa issuance), you must withdraw the other...

THis is the WORST part of the CEC program. One of the revisions that the CEC program really needs to make is support for work permits during processing...

 

[Calgary_Man]

THis is the WORST part of the CEC program. One of the revisions that the CEC program really needs to make is support for work permits during processing...

Absolutely agree with you!!!

 

[IrishinCanada]

THis is the WORST part of the CEC program. One of the revisions that the CEC program really needs to make is support for work permits during processing...

I fully agree with this. Do they actually expect people to remain in Canada, unemployed, for the duration of the application process?

My employer wants to appeal the HRSDC decision, as they weren't initially aware of my residency application on my most recent LMO request. I'm wondering what difference this will make?

 

[jes_ON]

I fully agree with this. Do they actually expect people to remain in Canada, unemployed, for the duration of the application process?

No, they don't. As CIC kindly reminds us, there is no requirement to remain in Canada during processing. It seems don't think about it at all (either that, or the work permit challenge deliberately remains to weed out applicants...). CEC applicants are supposed to be desirable because you've already established yourself in Canada. But if you can't get that new work permit, you're supposed to quit your job, leave your home, pay the costs of relocating back to your country, and then IF PR is granted (remember, it's a privilege, not a right), you're supposed to somehow come back and pick up where you left off - now that you've likely depleted all your resources, have no home or job, and the process has essentially destroyed those same characteristics that made you desirable in the first place... (I was lucky, I got my permits renewed, but it was SO STRESSFUL.... OK, off my soapbox...)

My employer wants to appeal the HRSDC decision, as they weren't initially aware of my residency application on my most recent LMO request. I'm wondering what difference this will make?

I'm not aware of any reason that your PR application would influence an LMO, one way or the other. LMO applications that are rejected usually fail because of inadequate documentation of recruitment efforts. I'm also not aware of "appeal" processes, I would suggest a new application.

 

[IrishinCanada]

So I'm not sure where to go from here. My employer has contacted the HRSDC officer which made the decision, so I guess I'll have to see what they say. I've also emailed the Irish Embassy, they've suggested appealing as well.

Pouce mentioned that I should speak to MP or MLA? What do they mean by this?

 

[jes_ON]

MP = Member of Parliament. Not sure what MLA is... While it can be useful to have an MP inquire about a PR application that has exceeded normal processing times, the OP indicated that he just submitted the application within the last month...

Also remember that CIC does not process LMOs... HRSDC does.

I'm not sure what use an MP would be in terms of assistance for a work permit, tho.

 

[IrishinCanada]

MP = Member of Parliament. Not sure what MLA is... While it can be useful to have an MP inquire about a PR application that has exceeded normal processing times, the OP indicated that he just submitted the application within the last month...

I'm pretty sure the MP would just send a kindly worded letter and their offer of support. I may try this avenue as well.

 

[SenoritaBella]

I'm thinking out loud though I could be wrong.... Question 52 on the LMO application: "Is the job temporary with intent to permanent?"

If your employer checked "yes" on your previous 2 LMOs, then perhaps they should have considered making you a permanent offer. By not doing so, it appears to HRSDC that the job is "temporary" and hence the believe that your employer should be able to find a Canadian for the position.

I think your employer has to demonstrate recent recruitment efforts i.e. post the job again for at least 2 weeks, keep a record of Canadians/permanent residents who applied, if any were interviewed and why they didn't get the position. Ask if they would consider making you a permanent offer.

 

[IrishinCanada]

I'm thinking out loud though I could be wrong.... Question 52 on the LMO application: "Is the job temporary with intent to permanent?"

If your employer checked "yes" on your previous 2 LMOs, then perhaps they should have considered making you a permanent offer. By not doing so, it appears to HRSDC that the job is "temporary" and hence the believe that your employer should be able to find a Canadian for the position.

You are correct, I just checked the form and I saw for myself that Question 52 does ask if it's temp or fulltime work. Right now, I work on 6 month contracts, so saying I will have work in 2 years time would be a lie. I'm happy with 6 month contacts however the HRSDC, apparently are not.

 

[jes_ON]

You are correct, I just checked the form and I saw for myself that Question 52 does ask if it's temp or fulltime work. Right now, I work on 6 month contracts, so saying I will have work in 2 years time would be a lie. I'm happy with 6 month contacts however the HRSDC, apparently are not.

BINGO, there's a problem... not sure what to suggest - it might help if your employer could extend the terms to a year. The only other thing I can think of - being on renewable term contracts myself - my employer's LMO applications always emphasized that the experience I had acquired was vital to the continuity of ongoing projects, - that the extension was required to complete the project, etc. We were pretty good at advertising a position tailored to the specific project experience... Don't know if that would be applicable or if you had already tried that...