Employed full-time with open work permit, chances of positive LMO?

[EricandLinda]

Hi there,

My girlfriend and I are in a dilemma. She's currently working for an employer under an open work permit (International Experience Canada - Working Holiday) as a project manager for a printing/graphics company. Her work permit expires in 7 months (July 2014). The company had a history of trying to hire Canadians, and have employed Canadians for this position, but it didn't work out... but would this matter or not since she's already been working there?

Can an argument be made that since shes been working there for half a year, that the company can't hire anyone else since she's fully trained and knows the processes and is the best person for the job? Is this enough for a positive LMO?

Please advise.

Thank You

 

[PMM]

Hi

Hi there,

My girlfriend and I are in a dilemma. She's currently working for an employer under an open work permit (International Experience Canada - Working Holiday) as a project manager for a printing/graphics company. Her work permit expires in 7 months (July 2014). The company had a history of trying to hire Canadians, and have employed Canadians for this position, but it didn't work out... but would this matter or not since she's already been working there?

Can an argument be made that since shes been working there for half a year, that the company can't hire anyone else since she's fully trained and knows the processes and is the best person for the job? Is this enough for a positive LMO?

Please advise.

Thank You

1. Sorry but that argument won't fly. They knew she was in Canada for a limited time when they hired her.
2. They will still have to advertise the position for a least 1 month on the job bank and other media. Then demonstrate that there are no Canadians/Prs qualified for the position.

 

[EricandLinda]

Wouldn't the fact that she's the most qualified for the job, since she's been working there, enough for a positive LMO?

If I owned a company, I would hire the person with the most applicable experience. Technically, no other Canadian would provide that.

 

[scylla]

Wouldn't the fact that she's the most qualified for the job, since she's been working there, enough for a positive LMO?

If I owned a company, I would hire the person with the most applicable experience. Technically, no other Canadian would provide that.

Unfortunately your understanding of the LMO requirements is flawed.

To obtain an approved LMO, the employer needs to prove that no Canadian could be hired for the role - not that no Canadian could be hired who is as qualified as your girlfriend. In other words, the company doesn't need to prove that your girlfriend is the BEST candidate - then need to prove she is the ONLY candidate.

Without advertising for a month the LMO will be automatically refused.

 

[EricandLinda]

That make sense. Thanks for the responses.

 

[scylla]

Basically the purpose of the LMO is to protect the Canadian workforce and to give them the first shot at any jobs available. If you look at it from that perspetive - I think the advertising requirement will make more sense.

 

[EricandLinda]

This LMO thing is ridiculous. How is it possible that an employer finds only ONE POSSIBLE candidate? No other Canadian qualified for the job doesn't make sense to me.... unless it was trying to hire the russian president to be our Prime Minister.

How does an employer go about proving that she is the ONLY candidate? I mean, if they wanted to keep her, they can tweak the job application so that it is so specialized to her qualifications. If they interview people, can't the employer just prove they interviewed people but not hire the Canadians, and say that those people interviewed didn't meet the skillset?

 

[EricandLinda]

Also, can the employer apply for her LMO while she is employed by them and working?