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LMO refused for wage

Giuliana

Star Member
Oct 8, 2008
55
0
Hello everyone,
today my boyfriend, through his lawyer, received the bad news: LMO refused for neapolitan cook and pizza maker because the wage is too low. They put 14 but the LMO wants 17 because they write it is an ethnic food....
I cannot find anything about the minum wage for ethnic food....is that possible...now they have to start all over again hoping they don't find other exeptions.
Thank you
Giuly
 

ather8888

Hero Member
Dec 16, 2009
388
9
Giuliana said:
Hello everyone,
today my boyfriend, through his lawyer, received the bad news: LMO refused for neapolitan cook and pizza maker because the wage is too low. They put 14 but the LMO wants 17 because they write it is an ethnic food....
I cannot find anything about the minum wage for ethnic food....is that possible...now they have to start all over again hoping they don't find other exeptions.
Thank you
Giuly
HI Sorry for bad news
But baba they can do any thing
They can say u, that from ur face it seems that u will not able able to cook pizza properly
They have this right
So many examples r there which r very illogical really
But prepare ur application and ask ur employer to increase ur salary to get visa
Then next they can make objection that salary is too high and in this salary they can not give u visa.
It is all by luck my dear
It all depends on VO heart, If he is happy, psychologically satisfied (not paractically & logically) they will give u visa
otherwise a Mango only
i hope u understand
Thanks
 

Giuliana

Star Member
Oct 8, 2008
55
0
you are so right...I know it's sad...so sad...
Now they are going to replace the adv. on the newspaper with the new salary...because in the lmo refused they write from 14 to 17.
So if we follow those exceptions I hope they won't give us more....even because we are spending a lot of money....
I just didn't understand when u say Mango...Could u explain please/
thank you so much....
warmly
Giuly
 

ather8888

Hero Member
Dec 16, 2009
388
9
Giuliana said:
you are so right...I know it's sad...so sad...
Now they are going to replace the adv. on the newspaper with the new salary...because in the lmo refused they write from 14 to 17.
So if we follow those exceptions I hope they won't give us more....even because we are spending a lot of money....
I just didn't understand when u say Mango...Could u explain please/
thank you so much....
warmly
Giuly
HI

Mango is kind of fruit
When u are not willing to give anything to other then u just give him mango (fruit)
it means u just take this and they can give nothing else
i hope u understand
Thanx
 

Anil_Toronto

Star Member
May 19, 2010
142
6
Category........
Visa Office......
Buffalo
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
05-08-2009 (Nova Scotia - Centralised Intake Office)
AOR Received.
14-01-2010 (at Buffalo)
File Transfer...
11-05-2010 (NY Visa office)
Med's Request
11-08-2010 (NY Visa office)
Med's Done....
12-08-2010 (Toronto)
Interview........
waived
Passport Req..
07-03-2011
VISA ISSUED...
07-03-2011
LANDED..........
11-03-2011
Giuliana said:
Hello everyone,
today my boyfriend, through his lawyer, received the bad news: LMO refused for neapolitan cook and pizza maker because the wage is too low. They put 14 but the LMO wants 17 because they write it is an ethnic food....
I cannot find anything about the minum wage for ethnic food....is that possible...now they have to start all over again hoping they don't find other exeptions.
Thank you
Giuly
If that is the minimum wage for that position - the employer should re-apply on your bf's behalf again with the new wages. Even if the employer wishes to pay less; they can always issue another job offfer and keep a copy of it in the file stating that the wages has been changed. This is after receiving a positive LMO.
 

jes_ON

VIP Member
Jun 22, 2009
12,091
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Anil_Toronto said:
If that is the minimum wage for that position - the employer should re-apply on your bf's behalf again with the new wages. Even if the employer wishes to pay less; they can always issue another job offfer and keep a copy of it in the file stating that the wages has been changed. This is after receiving a positive LMO.
What you suggest is fraud. Any change to a contract requires a new LMO; and if the employer is audited and found to be paying less than the stated wage on the LMO, they will be found in non-compliance of the terms of the LMO, and it may be revoked. It is also considered abuse of foreign workers (paying a foreign worker less than a Canadian), and there is a lot of attention these days to protecting foreign workers from abuse.
 

angelbrat

Hero Member
Oct 31, 2009
857
76
jes_ON said:
What you suggest is fraud. Any change to a contract requires a new LMO; and if the employer is audited and found to be paying less than the stated wage on the LMO, they will be found in non-compliance of the terms of the LMO, and it may be revoked. It is also considered abuse of foreign workers (paying a foreign worker less than a Canadian), and there is a lot of attention these days to protecting foreign workers from abuse.
I agree, when I was thinking about applying for a new LMO, my employers thought they would have more chance of getting a positive response if they changed my contract and gave me a position that a) I was not qualified for and b) a wage they would not be paying.

They ran this idea through the Company lawyer whom nearly had a heart attack. Seems not only could the LMO be rebuked but the Company could be liable for a fine up to 500,000 dollars!!

In the end, we went for the truth and got the LMO. If the employer is not paying the going hourly rate then they either have to pay the money or employ a Canadian. Harsh facts, but the law is the law I am afraid.
 

Giuliana

Star Member
Oct 8, 2008
55
0
Anyway, they decided to put a new advertisment with the new wage and the company is agree with that...now will see what happen.....
thanks guys. I will let u know..