High Wage LMIA

[cookiecutter456]

Has anyone's employer been in a situation where they didn't use the Job Match Service correctly? It was an oversight on my employer's part as they didn't realize they would be required to invite candidates that matched for an interview, and thought it was just to broaden the pool of applicants.

They have an interview scheduled for this week but I'm freaking out because we've waited so long - anyone been in a similar situation??

What can my employer possibly say to show that this was an honest error and not intentional??

 

[Naturgrl]

How can they not know when it is clearly explained in the program requirements?

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html#h2.9

 

[scylla]

Has anyone's employer been in a situation where they didn't use the Job Match Service correctly? It was an oversight on my employer's part as they didn't realize they would be required to invite candidates that matched for an interview, and thought it was just to broaden the pool of applicants.

They have an interview scheduled for this week but I'm freaking out because we've waited so long - anyone been in a similar situation??

What can my employer possibly say to show that this was an honest error and not intentional??

Was the LMIA already submitted?

 

[cookiecutter456]

How can they not know when it is clearly explained in the program requirements?

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html#h2.9

Like I mentioned, it was an oversight. I can't give a valid reason beyond that, because that's truly what it was. They thought the job match service was just to have a broader pool of applicants and didn't know the invitation would have to be done manually. They consulted with two immigration consultants before submitting (and even went through the process a second time as they got some feedback on the first application by the consultant), so this was simply a mistake, human error. They went through many other recruitment processes including internal, online, and agency, but I guess just forgot to invite the applicants through job match.

It's an extremely long and daunting process with a lot of information so I am looking for some possible advice on how we can proceed now that an interview has been requested. If you're going to judge then please don't bother responding as I've gone through enough already with this situation.

 

[cookiecutter456]

Was the LMIA already submitted?

Yes, unfortunately. They got an interview request for this week.

 

[scylla]

Yes, unfortunately. They got an interview request for this week.

I'm not sure if that will work or not. This is supposed to be done before the LMIA applications is submitted to demonstrate the employer actually attempted to fill the role with a Canadian. Ultimately it means your employer didn't meet the LMIA requirements at the time of application. I would speak to a lawyer. I expect they may need to withdraw and reapply. But I don't know for certain.

 

[scylla]

Yes, unfortunately. They got an interview request for this week.

You mean the employer is being interviewed this week for the LMIA? If so, not much they can do at this point but be honest about the oversight and provide evidence of other recruitment.

 

[Naturgrl]

Like I mentioned, it was an oversight. I can't give a valid reason beyond that, because that's truly what it was. They thought the job match service was just to have a broader pool of applicants and didn't know the invitation would have to be done manually. They consulted with two immigration consultants before submitting (and even went through the process a second time as they got some feedback on the first application by the consultant), so this was simply a mistake, human error. They went through many other recruitment processes including internal, online, and agency, but I guess just forgot to invite the applicants through job match.

It's an extremely long and daunting process with a lot of information so I am looking for some possible advice on how we can proceed now that an interview has been requested. If you're going to judge then please don't bother responding as I've gone through enough already with this situation.

They have to be honest and explain how they didn’t understand the process and how it wasn’t intentional. They need a lawyer and not a consultant. If they are asked to re-start the process then that is what they will have to do. Hopefully, explanation is good enough but don’t know as it is supposed to be done before LMIA application is submitted.

 

[cookiecutter456]

I'm not sure if that will work or not. This is supposed to be done before the LMIA applications is submitted to demonstrate the employer actually attempted to fill the role with a Canadian. Ultimately it means your employer didn't meet the LMIA requirements at the time of application. I would speak to a lawyer. I expect they may need to withdraw and reapply. But I don't know for certain.

Thanks for your feedback, hoping for the best but I understand.

 

[cookiecutter456]

They have to be honest and explain how they didn’t understand the process and how it wasn’t intentional. They need a lawyer and not a consultant. If they are asked to re-start the process then that is what they will have to do. Hopefully, explanation is good enough but don’t know as it is supposed to be done before LMIA application is submitted.

Thank you - hoping for the best with everything.