Does LMO processing cost C$3000??

[Neels]

I have got an employment offer in Canada thro' one of the Indian company. The employer is currently processing my Canada work permit. They have intially started with publishing the Job in the advertisement and now they have submitted my case for the LMO processing thro' Borders Law firm (I guess). For some reason , I have decided not to persue with the Canada job and conveyed the same to my employer in India. But they claim that they have already invested around C$3000/- for the work permit visa (i.e till the LMO process) and asking me to repay the same.

Please let me know whether the above mentioned processes will really cost C$3000???

Also let me know what are the receipts they should have for the fee payment till date for the Visa process.

Thanks in advance.

Mikey


Thanks for your reply.

They are processing thro' some vendor i.e. Borders Law Firm. Could you please let me know how much they normally charge for the processing the same?

Thanks in advance.

-Mikey

 

[job_seeker]

LMO app is free. Temporary Resident Visa/Work Permit application is Cad$150.00. And also no cost to advertise with the National Job Bank being the requirement needed to hire a temporary foreign worker.

I have got an employment offer in Canada thro' one of the Indian company. The employer is currently processing my Canada work permit. They have intially started with publishing the Job in the advertisement and now they have submitted my case for the LMO processing thro' Borders Law firm (I guess). For some reason , I have decided not to persue with the Canada job and conveyed the same to my employer in India. But they claim that they have already invested around C$3000/- for the work permit visa (i.e till the LMO process) and asking me to repay the same.

Please let me know whether the above mentioned processes will really cost C$3000???

Also let me know what are the receipts they should have for the fee payment till date for the Visa process.

Thanks in advance.

Mikey

 

[job_seeker]

Sorry, I haven't dealt with any immigration/law firm but I have heard that a prospective employee may pay $5000.00 but these are under the table arrangements and receipts are never issued or if receipts are issued it could be under different categories not related to looking for work for the employee. You can set up a consultation with them by emailing them and they do charge fees.

http://www.borderslawfirm.com/

But on your part, if you have not dealt with them directly and you are arranging the employment with the employer,it is the Canadian employer that should be shouldering the cost/s.

Thanks for your reply.

They are processing thro' some vendor i.e. Borders Law Firm. Could you please let me know how much they normally charge for the processing the same?

Thanks in advance.

-Mikey

 

[glowingheart]

LMO are free but some people hire inmigration representatives that charge a arm and a leg to fill a simple form

 

[GoldenArm]

I agree with what the others here have said - the LMO itself costs nothing.

The prospective employer is the one who applies for an LMO, not you. If they have decided to use Immigration Lawyers to help them with the process, that's their decision and shouldn't be your problem.

 

[Leon]

In many provinces, it is also against the law to roll employers cost of using an immigration consultant or agency over on the employee.

 

[rjessome]

In many provinces, it is also against the law to roll employers cost of using an immigration consultant or agency over on the employee.

It's against the law to pay a recruitment fee (job finding fee) to an agency. It's not against the law the charge for preparing an LMO application or a work permit/TRV application.

 

[rjessome]

LMO are free but some people hire inmigration representatives that charge a arm and a leg to fill a simple form

I'm sorry but have you done an LMO lately? They are NOT easy to prepare correctly. An LMO application done properly takes at least 1 month's worth of work. There is much more to it than filling out a form. The lower skilled the position, the harder it is to convince Service Canada that the employer should get an LMO.

However, in the OPs case, unless they retained (contracted) the law firm to prepare the LMO for them, then there should be no fees applicable. But if they entered into a contractual agreement, then they are responsible for the fees to date. That's the way the law works.

 

[GoldenArm]

I'm sorry but have you done an LMO lately? They are NOT easy to prepare correctly. An LMO application done properly takes at least 1 month's worth of work. There is much more to it than filling out a form. The lower skilled the position, the harder it is to convince Service Canada that the employer should get an LMO.

However, in the OPs case, unless they retained (contracted) the law firm to prepare the LMO for them, then there should be no fees applicable. But if they entered into a contractual agreement, then they are responsible for the fees to date. That's the way the law works.

If the contract specifically states that the employee is responsible for the fees paid by the employer to the immigration lawyers, yes.
However, having worked on half a dozen or so expat contracts around the world including two in Canada, I have never seen that in a contract. In my experience the employer always bears all costs relating to obtaining a visa, successful or not.

I'm sure it's possible though. Maybe I've just been lucky.

 

[Leon]

In many provinces, it is illegal to roll the employers cost of using an agency over on the employees. That still doesn't stop some people from putting it into their contracts. A former employer of mine had in their contract with foreign employees that if they quit before the end of their contract period, they would have to reimburse the employer his costs. These contracts were illegal, employees quit, the employer sent them a bill for $2000 or so, they got legal advice, didn't pay and the employer could do nothing.

 

[glowingheart]

I'm sorry but have you done an LMO lately? They are NOT easy to prepare correctly. An LMO application done properly takes at least 1 month's worth of work. There is much more to it than filling out a form. The lower skilled the position, the harder it is to convince Service Canada that the employer should get an LMO.

However, in the OPs case, unless they retained (contracted) the law firm to prepare the LMO for them, then there should be no fees applicable. But if they entered into a contractual agreement, then they are responsible for the fees to date. That's the way the law works.

In fact yes just did in april with my employee and got it 2 days ago
Its no brain surgery just keep an eye on detail and follow the guidlines

 

[rjessome]

In many provinces, it is illegal to roll the employers cost of using an agency over on the employees. That still doesn't stop some people from putting it into their contracts. A former employer of mine had in their contract with foreign employees that if they quit before the end of their contract period, they would have to reimburse the employer his costs. These contracts were illegal, employees quit, the employer sent them a bill for $2000 or so, they got legal advice, didn't pay and the employer could do nothing.

I'm not disagreeing with you Leon. But it depends on what the agency was used for and who contracted the agent to do the LMO. Yes, the stuff your ex employer wrote into the contract was bogus for sure. (How did that contract get past Service Canada?) And this is a grey area of the law that should be clarified. Some employers are not willing to incur the costs of LMO preparation if you want them done by a lawyer or consultant and expect the workers to prepare it themselves or hire someone to do it. This has nothing to do with the recruitment portion of the job and it is legal to contract a lawyer or consultant to prepare it. Bill C-35 has now made it illegal for "agents" in all provinces to provide legal advice or to be hired to prepare these applications. Only lawyers, Ontario paralegals, Quebec notaries and immigration consultants registered with ICCRC are authorized to be paid a fee to prepare these documents and to provide legal advice and representation for ALL immigration matters. Agents providing these services for a fee are now subject to criminal proceedings and a huge fine of up to $20,000 EDIT: I just re-read the new regulations and the fine can be up to $100,00 plus criminal charges!. Employers are also on the hook if they hire an unauthorized agent to prepare these documents on their behalf. And it should be noted that the Canadian Society of Immigration Consultans is NO longer the regulator of Canadian Immigration Consultants. They have no authority and people should now look to the Immigration Consultants of Canada Regulatory Council (ICCRC) to see if their immigration consultant is authorized to act for them.

 

[Leon]

Yes, the stuff your ex employer wrote into the contract was bogus for sure. (How did that contract get past Service Canada?) And this is a grey area of the law that should be clarified.

I don't know if that was the contract they showed to Service Canada

They worded it like this:

All Employees sponsored by *#%&/ to get a working visa in Canada, are committed to work for the company for a minimum period of Twenty four (24) months, from their start date with the company, any breach of this agreement will lead to the request for re-payment of all costs incurred in acquiring their Canadian working visa.

So you see, they never actually mention that they must pay it back, they just say they will request that they pay it back. They also never mention in there that a big part of the costs they incurred included using a consultant to fill out the paperwork. One of the guys who quit told me that he had thought that they meant the $150 they paid for his work permit and that he would have had no problem with that.

 

[rjessome]

I don't know if that was the contract they showed to Service Canada

They worded it like this:

So you see, they never actually mention that they must pay it back, they just say they will request that they pay it back. They also never mention in there that a big part of the costs they incurred included using a consultant to fill out the paperwork. One of the guys who quit told me that he had thought that they meant the $150 they paid for his work permit and that he would have had no problem with that.

Ah! Sneaky buggers! There is no way that contract would have gotten past Service Canada.

 

[rjessome]

In fact yes just did in april with my employee and got it 2 days ago
Its no brain surgery just keep an eye on detail and follow the guidlines

I see from your avatar that you live in the beautiful province of Alberta where Service Canada is smart and reasonable. You don't know how lucky you are! Try SC in BC. Ugh! I had one LMO application that took 5 months to get approved because the officer assigned to it didn't have a clue what they were doing. Because I kept fighting her on her stupidity, I got sick of dealing with her and went over her head to the manager who assigned it to a more senior officer. It was approved quickly and I was told that the other officer is known as a "psycho" around their office. Her words, not mine. So this is what employers and representatives have to deal with in Vancouver. That's just one horror story of MANY. There are employers in BC that are now literally terrified of dealing with SC in Vancouver. The level of training and knowledge is not consistent amongst all of the officers. If you get a good one, you feeling like getting on your knees and thanking whatever gods oversee LMOs! But in Alberta, it's just so lovely to deal with them! I love doing LMOs for Alberta. Saskatchewan too. The only LMOs that are pretty easy in Vancouver are those for a person with an expiring PGWP. And LIC LMOs are not bad either. The rest are a fricken crap shoot! Guidelines? Some of the Vancouver SC officers will tell you that THEY have discretion and that the guidelines mean practically nothing! Seriously. So unless you are willing to fight tooth and nail for it, be prepared for a refusal when going through SC Vancouver. Even my MP hates them! He's spoken to the Minister of HRSDC several times about it so we hope for some improvements soon. Let me also say that some of the Vancouver officers are very good. But if you get a bad one, they are BAAAAAD to the nth degree!