Declined LMO

[kaya]

Recently applied for an LMO for two positions in our company. We genuinely can't find qualified local personnel, and have previously employed two foreign workers who would be perfect for the roles.

We advertised (jobbank.ca, craigslist, local papers, in store) for a month, then filed for LMOs with Service Canada. Both were declined yesterday. The stated reasons were: not enough attempt to recruit Canadians, and that the wages were not in the range for the jobs offered (one was advertised at $14/hr, apparently the range is $14.16-23, the other was advertised at $19, and the range is 19.76-33something).

I have the following questions:
1. Can we appeal this? A fresh application is not a solution - we need to fill these roles NOW and don't have local candidates who can do it.

2. How do we advertise more? Where else are we supposed to be looking? This is MORE advertising than we would normally do, but we beefed it up to satisfy the LMO requirements.

3. Where are the wage ranges derived from? These wages are a nonsense in this town (and I'm tempted to say in the whole of BC)

Many thanks for reading, hope there is some positive information out there!

 

[jes_ON]

Advertising requirements are based on province and occupation - need to know what the jobs, NOC codes are to comment further on advertising, but see here:

http://www.rhdcc-hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

http://www.workbc.ca/employers/finding_workers/welcome.htm

The rules are in place to prevent employers from replacing Canadian workers with those who will accept substandard wages (e.g. exploiting foreign workers). Raise your wages, and see if you can hire locally, that's your fastest option. If you still don't get anyone, then you can try applying again for an LMO.

You might also look at your provincial nomination program to see if you can hire a foreign worker permanently (rather than on a temporary basis).

 

[angelbrat]

Good luck.....seems Service Canada in BC is just not issuing LMO's period!!!!!!!

Right now it appears no matter what you do or do not do.....they will refuse the LMO for whatever reason they feel.

Despite a foreign worker having done a job in BC for 2 years...they have just turned down the second LMO application (having given it 2 years ago btw) because this person does not have the relevant experience for the job. Go figure!!!!!!!!!!!!

I would be interested in hearing stories on how appeals go......

 

[PMM]

Hi

Good luck.....seems Service Canada in BC is just not issuing LMO's period!!!!!!!

Right now it appears no matter what you do or do not do.....they will refuse the LMO for whatever reason they feel.

Despite a foreign worker having done a job in BC for 2 years...they have just turned down the second LMO application (having given it 2 years ago btw) because this person does not have the relevant experience for the job. Go figure!!!!!!!!!!!!

I would be interested in hearing stories on how appeals go......

1. The employer is supposed to train Canadians, and if they haven't made an effort in that regard, the LMOs will probably be refused.
2. There were 18,000 LMOs issued in BC in 2009, although there were 35,000 issued in 2008. The same periods for Canada were 103,000 compared to 175, 000

 

[angelbrat]

Good stats PMM...but i would be very interested in seeing the stats for 2010 when they are issued.


I agree that Service Canada has a duty to make sure that Canadians are employed first. But i also wonder about the realities of this policy.

Try looking at every Tim Hortons, McDonalds, Wendy's etc and see the 'we are hiring' signs there.

Canadians do not want these jobs, not that i blame them, but i know that many employers are struggling to find staff and with the policy right now at Service Canada they have little hope of filling these vacancies with foreign labor.

Catch 22 right now...and i really do not have the answer...but maybe Service Canada could be less rigid in their rules and look at the situation case by case...ya' know.

 

[job_seeker]

Good luck.....seems Service Canada in BC is just not issuing LMO's period!!!!!!!

Right now it appears no matter what you do or do not do.....they will refuse the LMO for whatever reason they feel.

Despite a foreign worker having done a job in BC for 2 years...they have just turned down the second LMO application (having given it 2 years ago btw) because this person does not have the relevant experience for the job. Go figure!!!!!!!!!!!!

I would be interested in hearing stories on how appeals go......

Was the officer at Service Canada even thinking when s/he gave the reason for the refusal? I should think s/he would be more creative than this! I think you can actually appeal this. Attach a letter with the LMO application but then again you would still go through another set of advertisements and summarize the recruitment efforts.