Difficult to get a LMO for NOC 1123?

[angeland]

Hi there,

I am working under NOC 1123 with a working holiday visa in Vancouver, I have been working full time in the same job since May.

My work permit will expire end of April 2014, and my boss is happy to keep me as long as I can.

Just wonder if anyone has experience in getting a neutral / positive LMO for NOC 1123?

I know my job is something you can always find a local who is qualified, but I have worked in the company for about half a year already, and am familiar with the operations and future development of the company, will this be a strength in applying for my LMO?

Please shed some light.
Thanks a lot!

 

[anonimo]

Hi bud,
I'm sure you've already read everything about getting an LMO and one of requirements is that you cannot find anybody else in the country. I was in a similar situation so consulted some lawyers and read a lot about it so will summarize my conclusions:

- your employer can make up a new job position that will match your qualifications and that you will be the only individual who is capable of doing it (this really depends how much your employer loves you. Is your really that much that he would look for legal loopholes just to keep you). You can still continue working what u do so far in practice but you will have a fake agreement

-are you willing to pay few thousand $$$ legal costs (in Ontario ranging between $1500-5000) or is your lawyer willing to (unless you are willing to experiment on your own which I don't know how recommandable that is???)

- in Ont there aren't too many lawyers who are willing to lie i.e. they will not tell you how to bypass regulations to gain something (my experience) but not sure how it works in BC

- not impossible but takes sacrifice from either you (getting a good lawyer) or your employer (embellishing reality

- one of things your employer can add in the LMO app is URGENCY (he doesn't have the time to look for someone for months because he just got a new client who will spend thousands of $$$ so he needs someone asap and cannot advertise the job position for months)

Again, I repeat this is just MY experience. You will hopefully get some other thoughts from ppl with different experiences who went through the whole process and can give you a more specific advice. Either way, good luck!

 

[girl_ON]

your experience is very helpful. I am applying for LMO.. I hired the lawyer but didnt ask him how to bypass regulation to gain the chance of getting positive LMO. Do you think I should ask him about that?

 

[anonimo]

Not necessarily. I asked because I feared it would b difficult to prove that I'm the only qualified individual but generally lawyers here weren't that helpful...keep us posted how it worked out.

 

[girl_ON]

Have you ever hired any lawyer to do the LMO for you?
What is your status now I may ask?

Thanks

 

[angeland]

@anonimo
thanks for the advice. so did you get a neutral/positive LMO in the end?

my boss is willing to make a new position for me, but for the background that I have, there are still Canadians that are qualified. If he puts me as "Executive Assistant" (NOC 1222) and says that all other candidates do not carry the personality that he looks for (very subjective reason), will it be easier to get a LMO?


@girl_ON
are you under NOC 1123 too? Let's keep our fingers crossed.

 

[anonimo]

I didn't apply for LMO cause it turned out I was eligible in another category. But I went through all the options in my mind including the LMO thing. In short, my empl.didn't submit an app cause there was no need at the end. When I suggested it they told me to inquire about the whole thing so I did...n those were my experiences that originated from a dialog with 2 lawyers n a lot of research. I had n open wp before so was contemplating the LMO option before it was expiring cause I couldn't get another open wp.
Now I'm under implied status...

 

[stopDA]

Your job seems to be in the skilled workers category. That means that you're eligible for provincial nomination to get permanent residence to work there indefinitely. You should definitely look into it. As long as you have 9 months experience in BC, your employer can apply for you. I wish you all the best.

 

[girl_ON]

@ Anglelan

I am under Noc 1241 Administrative assistant.
when did you apply for lmo? Did you boss hire the laywer to do it? I am doing it now but im so stress cause I reviewed the LMO which the laywer prepare.... the laywer doesnt filled anything which I feel can be increase the chance like you said " says that all other candidates do not carry the personality that he looks for". My laywer just put " previous experience work ".... I am doubting about that ((..
Pleas share your case more..

@ anonimo
thanks for the advice. so did you get a neutral/positive LMO in the end?

my boss is willing to make a new position for me, but for the background that I have, there are still Canadians that are qualified. If he puts me as "Executive Assistant" (NOC 1222) and says that all other candidates do not carry the personality that he looks for (very subjective reason), will it be easier to get a LMO?


@ girl_ON
are you under NOC 1123 too? Let's keep our fingers crossed.