LMO complication with work permit renewal

[rkrish78]

I have been working in Canada for more than 4.5 years (~4 under current employer) as a software developer. We filed application for work permit renewal and since LMO approval has been introduced for this category we filed LMO application too. My present employer did not make any recruitment effort originally as I joined the company through an acquisition. Now Service Canada has contacted company to know the recruitment process they made 4 years ago when I was offered job. They never made any effort to recruit new one to replace me as I was the main person supporting one of the acquired products. Given this what are my chances that Service Canada would approve LMO application? I am going to discuss with company lawyer but has anyone been through similar situation?

While I don't really understand logic in LMO itself for continuing employment, I find it hard to believe Service Canada wants company to advertise for my current job to replace me for no reason because of this renewal/LMO process. Any input from experienced folks in this regard is appreciated. Thanks.

 

[amanut]

This is my first post, but perhaps I can shed some light.

You must keep in mind that the program you are in Canada under is the Temporary Foreign Worker Program. The key word is Temporary. There is no guarantee that an employer will be approved to extend a foreign worker's employment and there is no guarantee that a foreign worker will be authorized to work in Canada. There was much evidence of this in 2008/09 when the recession hit and LMOs were refused for existing foreign workers because Canadians were out of work and seeking employment. Those foreign workers either found other Canadian employers willing to hire them or were required to return to their country of origin.

I expect that Service Canada is not looking for the advertising done by your employer four years ago. More Likely they are looking for current advertising your employer has completed recently. If your position has not been advertised and made available to Canadians the application will be refused.

One final point I will make is that I often read here where workers refer to "my LMO". In fact the application is the employer's LMO and the dealings with Service Canada are between the employer and the government. Privacy does not allow the release of information to anyone but the employer's designated representatives.

 

[scylla]

I expect that Service Canada is not looking for the advertising done by your employer four years ago. More Likely they are looking for current advertising your employer has completed recently. If your position has not been advertised and made available to Canadians the application will be refused.

I was just about to post the same comment. I think your employer may have misunderstood what is being asked. I think they are asking what recruitment efforts were done now (i.e. within three months of the LMO being submitted). Each time an employer submits an LMO, new recruitment efforts must be shown. If your employer did not advertise the job and attempt to recruit Canadians before submitting the LMO - I think you should expect a refusal.

 

[scylla]

While I don't really understand logic in LMO itself for continuing employment, I find it hard to believe Service Canada wants company to advertise for my current job to replace me for no reason because of this renewal/LMO process. Any input from experienced folks in this regard is appreciated. Thanks.

Just to add... The reason why this is done it to give priority to Canadian citizens and PRs when it comes to employment. Both hiring and continuing to employ foreign workers for specific roles is supposed to be an exception which is required only when a Canadian cannot be found to fill the role. This is why the advertising and recruitment efforts are required each time a new LMO is requested.

 

[jbtoki]

I have been working in Canada for more than 4.5 years (~4 under current employer) as a software developer. We filed application for work permit renewal and since LMO approval has been introduced for this category we filed LMO application too. My present employer did not make any recruitment effort originally as I joined the company through an acquisition. Now Service Canada has contacted company to know the recruitment process they made 4 years ago when I was offered job. They never made any effort to recruit new one to replace me as I was the main person supporting one of the acquired products. Given this what are my chances that Service Canada would approve LMO application? I am going to discuss with company lawyer but has anyone been through similar situation?

While I don't really understand logic in LMO itself for continuing employment, I find it hard to believe Service Canada wants company to advertise for my current job to replace me for no reason because of this renewal/LMO process. Any input from experienced folks in this regard is appreciated. Thanks.

Hi, Did you applied WP extension without LMO? I was in a similar situation last summer.