Has anyone received a Positive LMO without the employer prove advertisement?

[girl_ON]

Hi all,

I hope some seniors can shed some light for my situation now.

I am currently working under PGWP. My employer going to apply LMO for me but he may not agree to do the advertisement for my position.

I am wondering if anyone already received a positive LMO without the employer prove the effort of advertising on the job?

anyone experienced please share!

thank you

 

[Pippin]

I seriously doubt it is possible. How can he say he was unable to recruit a local employee unless he has advertised a vacancy? Read the instructions to employers if you haven't already. They are quite specific about the locations and duration that ads have to be placed. If you know the employer well, see if you can explain the importance of this step and offer to help.

 

[Saur]

Hi girl_on,

If you were working with the same employer (on PGWP), your employer does not require to advertise the job (but LMO application is required to be made within 90 days of expiration of PGWP). Please see this link:

http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml

"Advertisement
Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit.

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations."


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[girl_ON]

I seriously doubt it is possible. How can he say he was unable to recruit a local employee unless he has advertised a vacancy? Read the instructions to employers if you haven't already. They are quite specific about the locations and duration that ads have to be placed. If you know the employer well, see if you can explain the importance of this step and offer to help.

Even I am working under PGWP?
I heard about this form others too. Need to be advertised. I also asked the laywers. they said no need... I am so confused now

Anyone experienced this??

 

[KDC]

I am on a post graduate work permit as well, and I seem to find it so hard to convince any potential employers that i would need a LMO from them just because they find it to be such a long process or a hassle.

I am so confused as to what do they need to submit in order to get an LMO

ps. my PGWP expires this Sept

 

[Pippin]

I am sorry if I created confusion here. I only have experience of advertising requirements for WP LMOs. Follow the official CIC rules. Sorry again and all the best.

 

[CholeSv]

I received a positive LMO with the same employer I worked for. My employer hired lawyer to apply the LMO for me and no advertisement was posted. So maybe some confidence from my case? 8)

I am not familiar with the process though, just provided some basic information the lawyer asked for. I would think it depends on how important your skills or knowledge to the company. I think it's better if your HR and mangers state that how much they will be struggled without you and how hard it is to recruit a new hire in a certain amount of time.

 

[girl_ON]

Hi girl_on,

If you were working with the same employer (on PGWP), your employer does not require to advertise the job (but LMO application is required to be made within 90 days of expiration of PGWP). Please see this link:

http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml

"Advertisement
Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit.

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations."


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Hi Saur,

First of all, thanks for your information.

I Just wanna have one more question please.

My employer doesnt want to apply LMO for me. I am looking for new employer who can help me.. I found one. But my PGWP wll be expired in 3 months. ( Oct 27).
So if the new employer hire me, does he still need to do advertise for LMO?

Thank you

 

[girl_ON]

I am sorry if I created confusion here. I only have experience of advertising requirements for WP LMOs. Follow the official CIC rules. Sorry again and all the best.

Hi Pippin.

Your information helps too.

As you said you had experience of advertising requirements for WP LMOs.
Can you please share with me what do I need in advertising? I will try to convince my employer again.

Thank you

 

[Saur]

Hi girl_ON,

As per my understanding, if a "new" employer is applying for the LMO then he needs to advertise the job. The exception is for the formers employers(PGWP employers).

As I mentioned this is my personal view/evaluation of the definition given in the link. I will recommend you to contact the Service Canada as well. It seems like you are in Ontario, the following toll free number can be used to contact them:

For assistance - phone:
1-800-367-5693 (toll-free)

All the best. Hope everything will work out very well for you..!!!!!

 

[jes_ON]

Saur posted the correct link above to the information you need. Your employer (current or future) does not need to advertise. Give them this link or print out the information and show them.

If anyone bothers to actually read it, you will see
"An offer of permanent employment can be made to a former PGWPP participant by any employer.""

So, it does not have to be the former employer, it can be a new employer, as long as the application is submitted before the PGWPP expires.

 

[girl_ON]

I received a positive LMO with the same employer I worked for. My employer hired lawyer to apply the LMO for me and no advertisement was posted. So maybe some confidence from my case? 8)

I am not familiar with the process though, just provided some basic information the lawyer asked for. I would think it depends on how important your skills or knowledge to the company. I think it's better if your HR and mangers state that how much they will be struggled without you and how hard it is to recruit a new hire in a certain amount of time.

Thanks for sharing Cholesv,

May I ask what job title did you get positive LMO under?

Thank you!

 

[girl_ON]

Thank for the valuable information Jes and Saur,

I just have one more question please.

SO is it mean that the future employer can hire me right away without post any advertising before?

Cause my uncle own a busuiness and he would like to hire me. Does he need to advertise before hire? Or he has to post an ad to show that he is hiring then I WILL apply?

Thank you very much

 

[jes_ON]

Thank for the valuable information Jes and Saur,

I just have one more question please.

SO is it mean that the future employer can hire me right away without post any advertising before?

Cause my uncle own a busuiness and he would like to hire me. Does he need to advertise before hire? Or he has to post an ad to show that he is hiring then I WILL apply?

Thank you very much

If your PGWP is still valid, it is an open work permit, anyone can hire you. But they can't keep you past the expiration date, unless they apply for the LMO and you submit your application for a new work permit before then.

 

[girl_ON]

If your PGWP is still valid, it is an open work permit, anyone can hire you.

Thanks Jes.

Yes, my PGWP valid until Oct 27
I just wanna clarify my last question.
I mean that cause he is my uncle, we know each other so he can hire me. But does it a requirement that he need to post an ad so that people know he is hiring?

I heard 2 side for the question about Advertisement for LMOs. Others said I dont need if I stay same employer, but If I go for new employer I have to prove advertising effort.
I am so confused!