Got my LMO in 2013... No chances or renewal at all?

[thenormal]

I was sponsored by an employer in Alberta as a waiter with an LMO back in 2013, I got in with the old rules. As far as I understand, after the moratorium in April 2014 lots of things have changed, even the name of the visa (LMIA) and there are plenty more of restrictions now.

My LMO was based on a 2-year contract. My employer is more than willing to present me with another contract for two more years, though my immigration lawyer thinks it won't do any good as it's very hard to obtain a positive LMIA nowadays for a position like the one i'm currently holding. He says I should find another employer willing to sponsor me as well.

Even if I got in with the old rules, i'm still subject to the new ones? Pretty stupid, I think.

Any suggestion is highly welcome.

 

[scylla]

Yes - your new LMIA would be based on the new rules. It's not stupid if you consider that one of the primary purposes of LMIAs is to protect the Canadian work force and give preference to Canadians when it comes to available jobs. There was also unfortunately quite a bit of LMO rule abuse happening which led to some rule restrictions.

Is your current employer willing to go through the advertising process again and pay the $1,000 fee? If so, why not try for the LMIA? If your employer is not willing to go through this process, then yes - you will need to find a new employer.

 

[thenormal]

Yes - your new LMIA would be based on the new rules. It's not stupid if you consider that one of the primary purposes of LMIAs is to protect the Canadian work force and give preference to Canadians when it comes to available jobs. There was also unfortunately quite a bit of LMO rule abuse happening which led to some rule restrictions.

Is your current employer willing to go through the advertising process again and pay the $1,000 fee? If so, why not try for the LMIA? If your employer is not willing to go through this process, then yes - you will need to find a new employer.

My employer would be more than willing to pay the 1.000$ fee and provide me with a 2-year job contract. My lawyer thinks it won't work, he's like: You are being sponsored for a low skilled position (waiter), if the employer posts an ad requesting a waiter he'll be flooded with applications. The fact that he had to rely on a foreign worker to fill that position is not credible and CIC won't accept your LMIA.

 

[jaybakerca]

My employer would be more than willing to pay the 1.000$ fee and provide me with a 2-year job contract. My lawyer thinks it won't work, he's like: You are being sponsored for a low skilled position (waiter), if the employer posts an ad requesting a waiter he'll be flooded with applications. The fact that he had to rely on a foreign worker to fill that position is not credible and CIC won't accept your LMIA.

A friend of mine was a line cook in a restaurant and they got an approved LMIA.

low skilled positions lmia are obtainable.

 

[thenormal]

A friend of mine was a line cook in a restaurant and they got an approved LMIA.

low skilled positions lmia are obtainable.

It might also depend on the province. My lawyer says that Alberta is unlikely to give me an LMIA under those conditions...

 

[jaybakerca]

It might also depend on the province. My lawyer says that Alberta is unlikely to give me an LMIA under those conditions...

I can confirm this was in Alberta: myself and a friend also got approved lmia for 0631 restaurant managers in the past 6 months. It is possible.