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LMIA Appeal?

G

GregJ1989

Member
Oct 29, 2014
11
3
Heyguys!

So found yesterday that my LMIA was refused under NOC 5131.
Reason was because we failed to recruit!

This was a 6 month visa in film and entertainment. When i originally applied in March under LMO there was no recruitment requirement for a 6 month visa.

When resubmitting documentation for LMIA in September the senior office at SC advised that he would waive the requirment! Also, on their website, the advise that film and entertain does not need to meet the recruitment requirment!

Can i appeal? I have so many points to back me?

Im frwaking out!

Thanks
 
I think you were given the wrong advice on the recruitment piece. You can avoid recruitment for these types of jobs if they are for a limited number of days. I think the specific wording CIC uses is "very limited number of days". I don't think six months would be considered as "very limited" and I'm guessing this is why your LMIA was refused on the advertising bit.

Here are the recruitment exception rules:

http://www.esdc.gc.ca/eng/jobs/foreign_workers/variations.shtml

I don't know if you can appeal.
 
scylla said:
I think you were given the wrong advice on the recruitment piece. You can avoid recruitment for these types of jobs if they are for a limited number of days. I think the specific wording CIC uses is "very limited number of days". I don't think six months would be considered as "very limited" and I'm guessing this is why your LMIA was refused on the advertising bit.

Here are the recruitment exception rules

I don't know if you can appeal.
Click to expand...

Hey!

Thanks! I understand what you mean! However, if my application was processed in the time before LMIA was in place, then the no recruitment rule under LMO would of applied! Also, the senior officer at CIC should then not of told us that he would waive the recruitment requirment!

My application took 9 months to process, in which there was more than enough time to advertise! But the information from SC from the begining made it clear we didnt have to!

We are going to see if we can have a chat with the officer tomorrow,

Thanks
 
Good luck! Let us know how it goes.
 
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