LMO Declined, can the company submit for an appeal?

[tak.japan]

Hi there,
I was just told after 4 months of wait period, the LMO application has been declined.
My potential employer submitted LMO application 4 months ago, they were requested to submit an additional information, such as letters from their client and proof that other candidates were considered.
HRSDC requested these documents to be submitted within couple of days, and the HR director tried contacting the representative asking for additional days, but was not able to reach the officer. Although they submitted everything the company can on time, they were couple days late on the getting a letter from their client. Couple days later, the HR director called the helpdesk to get ETA, she was told the application has been rejected due to lack of proof.

Is there an appeal process that the hiring company can go through?
The company, submitted all the requested items, even a letter from the client (which sounded extremely unreasonable). I am certain there should be an appeal process considering the HR director has gone through various hoops trying to contact the officer asking for more clarifications and days, and the requested information were gathered. However, at the same time, it seems like HRSDC can do what ever it wants, and decline any application without an appeal process.

I would appreciate any help or recommendation you can provide...

 

[job_seeker]

The company needs to apply again; include recruitment efforts as part of the supporting documents and a strong justification why they are hiring a a foreign worker (you).

Hi there,
I was just told after 4 months of wait period, the LMO application has been declined.
My potential employer submitted LMO application 4 months ago, they were requested to submit an additional information, such as letters from their client and proof that other candidates were considered.
HRSDC requested these documents to be submitted within couple of days, and the HR director tried contacting the representative asking for additional days, but was not able to reach the officer. Although they submitted everything the company can on time, they were couple days late on the getting a letter from their client. Couple days later, the HR director called the helpdesk to get ETA, she was told the application has been rejected due to lack of proof.

Is there an appeal process that the hiring company can go through?
The company, submitted all the requested items, even a letter from the client (which sounded extremely unreasonable). I am certain there should be an appeal process considering the HR director has gone through various hoops trying to contact the officer asking for more clarifications and days, and the requested information were gathered. However, at the same time, it seems like HRSDC can do what ever it wants, and decline any application without an appeal process.

I would appreciate any help or recommendation you can provide...

 

[tak.japan]

Do I have to wait additional 4 months? or can it be accelerated considering this is been already processed before??

The company needs to apply again; include recruitment efforts as part of the supporting documents and a strong justification why they are hiring a a foreign worker (you).

 

[SenoritaBella]

If it's a new application, you will have to wait your turn which may well be 4 months again. As a precaution, your employer should demonstrate recent recruitment efforts, as results from 4 months ago(when they first applied) may not be acceptable to HRDSC. This may mean posting the job again for a minimum of 2 weeks on major job banks, etc.

Do I have to wait additional 4 months? or can it be accelerated considering this is been already processed before??

 

[tak.japan]

thanks for the information. Is it just me or it's extremely unreasonable for them to decline the application despite all the efforts made to reach the officer to extend the deadline for a couple of days? The information were submitted literally two days after the requested date.

If it's a new application, you will have to wait your turn which may well be 4 months again. As a precaution, your employer should demonstrate recent recruitment efforts, as results from 4 months ago(when they first applied) may not be acceptable to HRDSC. This may mean posting the job again for a minimum of 2 weeks on major job banks, etc.

 

[SenoritaBella]

Unfortunately, they seem to be strict with deadlines and not being able to reach them does not help either. Has your employer considered speaking to the officer about their efforts to reach them? This person may be able to review the file despite the refusal. It doesn't hurt to try.

thanks for the information. Is it just me or it's extremely unreasonable for them to decline the application despite all the efforts made to reach the officer to extend the deadline for a couple of days? The information were submitted literally two days after the requested date.

 

[tak.japan]

Arggh, supposedly the company's immigration lawyer told them to not to worry about the deadline!
There is all the reasons to get a good lawyer, unfortunately, I cannot pick which immigration lawyer the company goes through...

Unfortunately, they seem to be strict with deadlines and not being able to reach them does not help either. Has your employer considered speaking to the officer about their efforts to reach them? This person may be able to review the file despite the refusal. It doesn't hurt to try.

 

[SenoritaBella]

Hmm... I wonder what the lawyer has to say now? Best to err on the side of meeting the deadline and to be fair, the officer did their job by requesting additional documents. Proof that other candidates were considered should have been part of the application in the beginning. HRDSC can not approve the hiring of a foreign national without proof that Canadian citizens or permanent residents were also considered.

 

[job_seeker]

I've heard shorter LMO processing times lately or were these the few lucky ones. Anyway as has been pointed out, your employer need to advertise again for a minimum of 14 days at the job bank and prove that no Canadian citizen or PR applied or qualified for the job.

Do I have to wait additional 4 months? or can it be accelerated considering this is been already processed before??