LMO refused because of not enough hours

[silver_wing]

Hi, I've been working with a private Visa Agency for the last few months and after having spent 1900$ (200 remaining), getting criminal record checks, filling out paper work and getting my current boss to fill out an LMO, I was just emailed saying that I won't get it because I need a minimum of 40 hours a week to get the LMO, but I'm classified as part time and get 28-32 hours a week. They also told me, that since I work in a Union, they can't extend those hours either.

I'm a UK resident and have lived with my Canadian girlfriend who came to the UK under a Working Holiday Visa. We lived together for 6 months, then she went home to Canada. Shortly after, (end of Oct 08) I went to visit and stayed (without a Visa as the UK is Visitor Visa exempt) until I was allowed for 6 months, then went back home (beginning of Apr 09). I then applied for a Working Holiday Visa through BUNAC myself, and have been living in Canada since July 09.

Now I'm wondering, what are my other options? I need to be out of the country by the end of July 10, but what else can I do? My PR/WP which I was applying for is surely going to be denied because I don't have the sufficient hours, and we've spent nearly 2000$ on it. Is there a way to get this back? What are my other options at this point? Thanks.

 

[jes_ON]

Hi, I've been working with a private Visa Agency for the last few months and after having spent 1900$ (200 remaining), getting criminal record checks, filling out paper work and getting my current boss to fill out an LMO, I was just emailed saying that I won't get it because I need a minimum of 40 hours a week to get the LMO, but I'm classified as part time and get 28-32 hours a week. They also told me, that since I work in a Union, they can't extend those hours either.

First - can you clarify, you say you are a UK resident, is that your citizenship also? Also, what type of work is it (NOC code?)

You do not need a visa agency to apply for a work permit. Sounds like you have been bilked, sorry to say.

It is not true that you need 40 hours per week to get an LMO. HRSDC defines full-time work as 37.5 hours per week. So right there, the information the agency is giving you is wrong.

Secondly, not all provinces or employers follow that standard of 37.5 hours. For example, in Ontario, it can be considered full-time employment if you work a minimum of 30 hours per week. I am not a member of a union, but the terms of my contract (for some reason) must comply with the terms negotiated by the union - my contract states a minimum of 33.75 hours per week, and I am a full-time employee (I actually work a lot more than that). I just got my second LMO approved.

The point being, does your employer consider you to be full-time or part-time? It is true that you cannot change the terms of a collective bargaining agreement, but that doesn't make it ineligible. The problem is if you are classified as part-time, then... it is true that LMOs are not issued for part-time positions.

 

[sundeepgill]

Hi
I read this and was wondering if I could get some advice. I am currently living in uk and looking to move to canada. I am coming on a bunac in mach and I know this is Valid for a year. However after a year I will apply for a work permit. I am a recruitment consultant and was wondering would this occupation help me pass the LMO.

would really appeciate your advice

 

[jes_ON]

Hi Sundeepgill,

It is best to start a new thread when asking a new question...

An LMO is something that the employer applies for - it is an approval to hire a temporary foreign worker based on local labor market analysis. In most cases, an employer needs to get the LMO approval to hire a foreign worker - the employer has to prove that they tried but were unable to hire a Canadian for the job, that the job offer has the same wages and working conditions as would be offered to a Canadian, etc. You need a copy of the LMO approval to apply for a TWP, and you cannot work until you receive the TWP.

If your question is, is my occupation in demand? Try here - http://www.hrsdc.gc.ca/eng/workplaceskills/labour_market_information/index.shtml

you will have to find your NOC code, but it is probably 1223.
http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/ProfileKeyword.aspx?val=1&val1=1223&val11=recruitment+consultant&val12=0&val13=0&val14=&val15=0&val16=0

 

[sundeepgill]

Thanks for the reply. I would get a job by a Holiday working visa at First then apply for a work Permit from there. I just want to know and I know you will not have the answer for this but in your experienece would i get a LMO if i was a recruitment consultant.

Many Thanks
Sundeep Gill

 

[mhiggins]

Hi,

My employer is preparing to send my LMO. I am on working holiday Visa and work in SEM or Search Engine Marketing. He is argueing that he can't find any suitable candidates as he wants to expand into Irish and Uk market where I have a lot of contacts and experience. My question are

Is this a good angle?
How many resumes should you send with an application?

Cheers,

Mick