how does CIC assess your employer???

[OHKIDDA]

I want to extend my stay in Canada after PGWP expires. So, I'll have to get an LMO. CIC states that for LMO-exempt work permits (for example, PGWP), CIC will conduct its own assessment of the employer to make sure the offer is genuine and whether in the past 2 years, the employer has offered the same wages/conditions as promised in the contract or offer letter.

Does my employer have to provide something along with my application for the work permit? DO I have to provide something? The document checklist doesn't ask for any such documents.

 

[rjessome]

I want to extend my stay in Canada after PGWP expires. So, I'll have to get an LMO. CIC states that for LMO-exempt work permits (for example, PGWP), CIC will conduct its own assessment of the employer to make sure the offer is genuine and whether in the past 2 years, the employer has offered the same wages/conditions as promised in the contract or offer letter.

Does my employer have to provide something along with my application for the work permit? DO I have to provide something? The document checklist doesn't ask for any such documents.

You state that you'll "have to get an LMO" so I don't understand the purpose of your question. LMO exempt means you don't need an LMO to get a WP.

 

[PMM]

Hi

You state that you'll "have to get an LMO" so I don't understand the purpose of your question. LMO exempt means you don't need an LMO to get a WP.

The OP is on a PGWP (which is LMO exempt) To continue working after it expires, s/he requires a LMO approved by HRSDC. The employer doesn't have to advertise the position, but it still needs to meet the requirements as to salary etc.

 

[rjessome]

Hi


The OP is on a PGWP (which is LMO exempt) To continue working after it expires, s/he requires a LMO approved by HRSDC. The employer doesn't have to advertise the position, but it still needs to meet the requirements as to salary etc.

Of course, but what confused me was the question about CIC assessing the job offer. HRSDC will do that in the OP's case. And as soon as the PGWP expires the OP's WP will not be LMO exempt. Perhaps the OP meant to say HRSDC? Maybe it's just me. Been away for awhile and perhaps I'm just fuzzy in the brain because the wording of the question has thrown me off.

 

[OHKIDDA]

Of course, but what confused me was the question about CIC assessing the job offer. HRSDC will do that in the OP's case. And as soon as the PGWP expires the OP's WP will not be LMO exempt. Perhaps the OP meant to say HRSDC? Maybe it's just me. Been away for awhile and perhaps I'm just fuzzy in the brain because the wording of the question has thrown me off.

Well, that's what I found confusing as well, with regards to an LMO-exempt work permit. PGWP was LMO-exempt. And in such cases, CIC will examine the employer history for the past 2 years if they'd had hired a foreign worker (in this case, me). But upon further review, I think when CIC says "LMO-exempt" they're referring to certain specific work permits, such as those offered under NAFTA, etc.

PGWP doesn't require an LMO, but I think technically, it doesn't fall under the official LMO-exempt work permit category.

 

[rjessome]

Well, that's what I found confusing as well, with regards to an LMO-exempt work permit. PGWP was LMO-exempt. And in such cases, CIC will examine the employer history for the past 2 years if they'd had hired a foreign worker (in this case, me). But upon further review, I think when CIC says "LMO-exempt" they're referring to certain specific work permits, such as those offered under NAFTA, etc.

PGWP doesn't require an LMO, but I think technically, it doesn't fall under the official LMO-exempt work permit category.

No, it doesn't, at least not what you were looking at. A PGWP is an open permit. Those are closed and assigned to a particular employer. In any event, unless you fall under one of the NAFTA categories or other specific areas, it doesn't apply to you.

Ok, so I wasn't losing my mind!

 

[OHKIDDA]

No, it doesn't, at least not what you were looking at. A PGWP is an open permit. Those are closed and assigned to a particular employer. In any event, unless you fall under one of the NAFTA categories or other specific areas, it doesn't apply to you.

Ok, so I wasn't losing my mind!

no, but i've already lost mine! there are so many pieces of information. it's ridiculous.

Apparently, both CIC and HRSDC do assessments under the new guidlines (april 2011ish) to ensure that the job offer is genuine and that you were paid what the contract said you were going to be paid. And they do this assessment for the employer for the last two years. IF the work permit was LMO-exempt, then CIC does it. SO that's why I was curious what my employer would have to do. WOuld he have to prove that while I was employed there under the pGWP that my wages were consistent with whatever offer they gave me?

However, as it appeasr we both agree, PGWP isn't officially referred to as an LMO-exempt work permit. When CIC has to do an assessment if the work permit is LMO-exempt, it only applies to those specific closed work permits, like NAFTA,etc.

 

[rjessome]

no, but i've already lost mine! there are so many pieces of information. it's ridiculous.

Apparently, both CIC and HRSDC do assessments under the new guidlines (april 2011ish) to ensure that the job offer is genuine and that you were paid what the contract said you were going to be paid. And they do this assessment for the employer for the last two years. IF the work permit was LMO-exempt, then CIC does it. SO that's why I was curious what my employer would have to do. WOuld he have to prove that while I was employed there under the pGWP that my wages were consistent with whatever offer they gave me?

However, as it appeasr we both agree, PGWP isn't officially referred to as an LMO-exempt work permit. When CIC has to do an assessment if the work permit is LMO-exempt, it only applies to those specific closed work permits, like NAFTA,etc.

It's a little different for those coming off of a PGWP. Like PMM said, no advertising is required and there's a purpose behind that. The government encourages HRSDC and CIC to allow continued employment of Canadian educated foreign nationals in skill level 0, A or B positions and also considers lower salaries as a relatively new grad won't have the experience of a seasoned person in the same position. What the government has done with the 2011 changes is make an employer accountable, ensuring that workers are paid in accordance to their contracts. This is an assessment of the employer, not you as a worker. They are trying to ensure that employers do not take advantage of foreign workers. CIC has a database (or is creating one) where non-compliant employers are listed. They are not allowed to obtain LMOs to hire new foreign workers because they didn't treat their previous ones fairly and in accordance with their contract. Any employer that hires a foreign worker on an LMO is subject to the possibility of an audit to ensure they have demonstrated compliance. If your employer has never hired anyone on an LMO before, there would be no data so nothing to prove here. If they have, they may or may not have to prove compliance with previous contracts. But audits are done randomly so the employer only submits that information if requested by HRSDC and the results reported to CIC. I suppose CIC could also trigger an audit but I haven't heard of one yet.

 

[OHKIDDA]

It's a little different for those coming off of a PGWP. Like PMM said, no advertising is required and there's a purpose behind that. The government encourages HRSDC and CIC to allow continued employment of Canadian educated foreign nationals in skill level 0, A or B positions and also considers lower salaries as a relatively new grad won't have the experience of a seasoned person in the same position. What the government has done with the 2011 changes is make an employer accountable, ensuring that workers are paid in accordance to their contracts. This is an assessment of the employer, not you as a worker. They are trying to ensure that employers do not take advantage of foreign workers. CIC has a database (or is creating one) where non-compliant employers are listed. They are not allowed to obtain LMOs to hire new foreign workers because they didn't treat their previous ones fairly and in accordance with their contract. Any employer that hires a foreign worker on an LMO is subject to the possibility of an audit to ensure they have demonstrated compliance. If your employer has never hired anyone on an LMO before, there would be no data so nothing to prove here. If they have, they may or may not have to prove compliance with previous contracts. But audits are done randomly so the employer only submits that information if requested by HRSDC and the results reported to CIC. I suppose CIC could also trigger an audit but I haven't heard of one yet.

since my other thread was hijacked by someone who didn't have the courtesy to keep on topic, do you know anything about concurrent processing of LMOs? As my PGWP is expiring, I'll have to apply for an LMO to get a closed work permit. However, I likely won't get a decision on LMO for months. And if I wait to hear from HRSDC, my work permit will expire. So, i've heard you can apply for an LMO, and then, within 2 weeks of the expiration of your work permit, can apply for a new closed work permit with whatever confirmation HRSDC has given to you. That is, you don't need a positive opinion to apply.

On the CIC website, it states that "we are no longer processing applications for work permits that require an LMO without an LMO." But, then again, lawyers have said that if you have already applied for an LMO before applying for a work permit, CIC would not consider this "concurrent processing". Thoughts?

 

[rjessome]

since my other thread was hijacked by someone who didn't have the courtesy to keep on topic, do you know anything about concurrent processing of LMOs? As my PGWP is expiring, I'll have to apply for an LMO to get a closed work permit. However, I likely won't get a decision on LMO for months. And if I wait to hear from HRSDC, my work permit will expire. So, i've heard you can apply for an LMO, and then, within 2 weeks of the expiration of your work permit, can apply for a new closed work permit with whatever confirmation HRSDC has given to you. That is, you don't need a positive opinion to apply.

On the CIC website, it states that "we are no longer processing applications for work permits that require an LMO without an LMO." But, then again, lawyers have said that if you have already applied for an LMO before applying for a work permit, CIC would not consider this "concurrent processing". Thoughts?

Yes you can do this. You have to use strategy, applying for the LMO first. If a decision hasn't been reached just prior to the expiry of your WP, you can apply for the WP advising that the LMO is in process. You have to be careful though because if CIC assesses the WP and there is no LMO confirmation on file, then they will refuse the WP. But, since your LMO does not need advertising, there is no need for the employer to wait to apply. They should do it now so it can start processing as soon as possible. And you apply for the WP as late as possible before expiry, hopefully either with the LMO confirmation or at least the file number so CIC can see that it's coming. The minute you receive the LMO confirmation, you call the Call Centre, give them the confirmation number and ask them to add it to your file. That way when the officer is reviewing the WP application, they will see the LMO confirmation in the system and will approve it. And it will keep you on implied status, able to continue working.

 

[OHKIDDA]

You have to be careful though because if CIC assesses the WP and there is no LMO confirmation on file, then they will refuse the WP.

thanks, dude.
but what you said above contradicts what you said earlier and what's on the CIC website, right? If I've applied for an LMO but haven't heard back yet by the time I apply for a new WP, i can indicate that I've applied (provide a receipt from HRSDC, or whatever proof they give you to indicate that they have your application) and CIC will hold my application for the work permit until I inform them that there was a positive decision. If I do this, i.e, apply for a work permit before an LMO is issued, I can maintain my implied status until i get some news from HRSDC. correct?

 

[SenoritaBella]

CIC typically holds the application for 2 months and may reject the work permit application if confirmation of a positive LMO is not received and noted in your file by this timeline... reason why your employer should apply for the LMO well ahead of time before you apply for a work permit. This is what rjessome is trying to put across.

thanks, dude.
but what you said above contradicts what you said earlier and what's on the CIC website, right? If I've applied for an LMO but haven't heard back yet by the time I apply for a new WP, i can indicate that I've applied (provide a receipt from HRSDC, or whatever proof they give you to indicate that they have your application) and CIC will hold my application for the work permit until I inform them that there was a positive decision. If I do this, i.e, apply for a work permit before an LMO is issued, I can maintain my implied status until i get some news from HRSDC. correct?

 

[rjessome]

CIC typically holds the application for 2 months and may reject the work permit application if confirmation of a positive LMO is not received and noted in your file by this timeline... reason why your employer should apply for the LMO well ahead of time before you apply for a work permit. This is what rjessome is trying to put across.

Yes. It's not actually a "hold" but is more just processing time. They get thousands of pieces of mail and online applications everyweek. It takes them a bit of time to get to you. And if they see that you have a file number "sometimes" they will actually hold a bit longer, depends on the officer.