LMO application

[jenniferharris]

I am trying to help a friend who is on a working holiday visa. she has had 2 jobs in Calgary. The first said they would apply for an LMO for her and then after 6 months told her they wouldn't. She got her present job at a hotel and they said they would apply for her but now tell her she has to pay $3500 which is the cost of an agency to do the paperwork. They said if she doesn't have the money they will pay it and she can work it off. There are many foreign workers at this hotel now. This sounds suspicious to me and if its not I'm ashamed that this is what we are doing to foreigners giving them minimum wage jobs with the carrot of an LMO and then not applying or charging them huge fees. Her work visa is almost up and she will be returning to Chile soon having not taken a single holiday her whole time here because she was trying to be a good employee. This has been a very sad experience for her. Can you tell me if this is legal?

 

[scylla]

There is nothing illegal about an employer telling an employee they will do an LMO and then changing their mind. Remember that the LMO rules have recently changed substantially and many employer may no longer be willing / able to go through the process. This is entirely the employer's choice and they are free to change their minds.

It is not legal to demand that an employee pay $3500 for an LMO - or to tell her that she can work it off. I would report this employer provided she has evidence (written proof) this happened.

 

[jenniferharris]

report to who? I have just spent the last hour on the phone going to different government agencies. I just got a number to report to 1888 602-9448 and then was told its not in service. This seems so frustrating. Im a canadian with 6 years university how is a temporary worker who has limited english supposed to navigate our system?

 

[lucybear05]

report to who? I have just spent the last hour on the phone going to different government agencies. I just got a number to report to 1888 602-9448 and then was told its not in service. This seems so frustrating. Im a canadian with 6 years university how is a temporary worker who has limited english supposed to navigate our system?

I have no advice but wanted to commiserate. I have 10 years of university education, including three degrees one of which is a law degree, and I am barely able to navigate the immigration system to the limited extent needed to hire a foreign nanny. It is a ridiculous system for sure.

LMO's are not that hard to obtain in terms of paperwork for a low-skilled temporary foreign worker. If I can do, some hotel can. They are pricey though, and it seems to me the hotel/employer has to agree to pay for it (and it cannot be charged to the worker). For better or worse, the system has been recently changed to make it less attractive for employers to go through the expense and time commitment of hiring temporary foreign workers. So your friend many simply find it extremely difficult to find a legit employer willing to pay and take the time and energy needed to apply for an LMIA and then wait for her paperwork to get approved.

I for one hired a foreign worker in FEBRUARY, and have paid money for the LMIA application and will also have to pay to fly her from Hong Kong to Canada. Very expensive. And it's October, and she still isn't here. The entire TFW program is a bit of a gong show in my humble opinion. It has made me conclude I will never hire a TFW ever again, no matter how wonderful they are. Although I will be hard pressed to find a Canadian wanting to be my nanny - they all want a billion dollars per hour and are too fancy to empty the dishwasher. Sigh.

Anyway, good luck - what your friend needs to find is a legit employer who needs TFW so badly they will actually pay and put in the time to get an LMIA for her.

 

[amira_mais]

report to who? I have just spent the last hour on the phone going to different government agencies. I just got a number to report to 1888 602-9448 and then was told its not in service. This seems so frustrating. Im a canadian with 6 years university how is a temporary worker who has limited english supposed to navigate our system?

Report the employer to ESDC's Tip Line at 1-866-602-9448 (you were using 888; it's actually 866) or use the Online Fraud Reporting Tool: http://www.servicecanada.gc.ca/eng/about/integrity/online.shtml

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

 

[scylla]

Report the employer to ESDC's Tip Line at 1-866-602-9448 (you were using 888; it's actually 866) or use the Online Fraud Reporting Tool: http://www.servicecanada.gc.ca/eng/about/integrity/online.shtml

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

Yep - if you've been calling 888 - that's not the right number.