LMO - what proof required - need a lawyer?

[Bubbles1]

Hi there!

Just looking for some advice about the LMO.

Background story:

I am from one of the English speaking commonwealth countries, in Toronto on a Working Holiday Permit that is due to expire in August.

I was originally hired by a reputable organization for a 14 month maternity leave contract which expired in January 2011. The incumbent since resigned, and the position was advertised the position as a full time position. Obviously, I applied.

I was originally hired in that contract role after an extensive recruitment process, and exceeded in that role, and no other new applicants have the exact right skills and experience they are looking for (not withstanding the fact that none others have worked in that exact role before!). Therefore, they want to offer me the permanent position and are prepared to apply for an LMO for me. My role is a skilled role, experienced non-manager and I actually get paid slightly more than the going rate so that’s not an issue.

My question:

The problem is that we’ve been told that other people in my situation have used a lawyer to help them prepare the application and evidence. Yes – we know that it’s the employer who submits the LMO application but apparently a lawyer (hired by the potential employee) needs to make sure that all the proof is in order to give the LMO a great chance of being positive.

I am a little worried because no where on the Service Canada or HRSCD Web sites does it explain exactly what proof they need that the employer has attempted to hire a Canadian, and it appears that others have needed to hire lawyers to get this info!

Is it just copies of the ads and proof of where they were posted/how long?
Do they need to send all resumes and applications? Do you need to have interviewed a certain number of people (if any).
Do they have to be in person interviews or is phone ok?
What if my employer has decided that although some Canadian applicants are close to the vicinity of mine, none have the exact skills and background (and have not worked in that job/company before) so it’s a waste of time to interview any of them? Should they interview just for the hell of it?

I don’t want to get a negative LMO back because they don’t think that my employer supplied enough proof of attempts to get a Canadian – when they didn’t even specify what the proof is that they require.

Please advise. I am annoyed that anyone would need to hire a lawyer to fill in a government form but the info on the Web site is a bit vague.

Thanks so much.

 

[job_seeker]

Hi there!

Just looking for some advice about the LMO.

Background story:

I am from one of the English speaking commonwealth countries, in Toronto on a Working Holiday Permit that is due to expire in August.

I was originally hired by a reputable organization for a 14 month maternity leave contract which expired in January 2011. The incumbent since resigned, and the position was advertised the position as a full time position. Obviously, I applied.

I was originally hired in that contract role after an extensive recruitment process, and exceeded in that role, and no other new applicants have the exact right skills and experience they are looking for (not withstanding the fact that none others have worked in that exact role before!). Therefore, they want to offer me the permanent position and are prepared to apply for an LMO for me. My role is a skilled role, experienced non-manager and I actually get paid slightly more than the going rate so that's not an issue.

My question:

The problem is that we've been told that other people in my situation have used a lawyer to help them prepare the application and evidence. Yes – we know that it's the employer who submits the LMO application but apparently a lawyer (hired by the potential employee) needs to make sure that all the proof is in order to give the LMO a great chance of being positive.

I am a little worried because no where on the Service Canada or HRSCD Web sites does it explain exactly what proof they need that the employer has attempted to hire a Canadian, and it appears that others have needed to hire lawyers to get this info!

Is it just copies of the ads and proof of where they were posted/how long? Yes, supply a copy of the ad with the job bank together with the ad number; and copy/ies of other ads for the same position with other sites or a major daily.
Do they need to send all resumes and applications? Do you need to have interviewed a certain number of people (if any). No, they will send a summary of the applicants and whether they were interviewed/considered for the position and reason why or why not considered/interviewed.
Do they have to be in person interviews or is phone ok?
What if my employer has decided that although some Canadian applicants are close to the vicinity of mine, none have the exact skills and background (and have not worked in that job/company before) so it's a waste of time to interview any of them? Should they interview just for the hell of it? Employer must show that your skill set is better though it may be a bit hard to justify if a Canadian citizen or PR applied for the job and may not have the necessary skill set now but can be trained.

I don't want to get a negative LMO back because they don't think that my employer supplied enough proof of attempts to get a Canadian – when they didn't even specify what the proof is that they require. A cover letter explaining why the employer is hiring you might help (not 100% but can explain ahead of time the steps doen by the employer to recruit/hire a citizen but how hiring you would be a better option both for the company in particular and the Canadian labour force in general.(just my opinion though)

Please advise. I am annoyed that anyone would need to hire a lawyer to fill in a government form but the info on the Web site is a bit vague.

Thanks so much.

 

[Bubbles1]

Great - thanks so much!

 

[jes_ON]

The problem is that we've been told that other people in my situation have used a lawyer to help them prepare the application and evidence. Yes – we know that it's the employer who submits the LMO application but apparently a lawyer (hired by the potential employee) needs to make sure that all the proof is in order to give the LMO a great chance of being positive.

You can use a lawyer, but it's not necessary.

I am a little worried because no where on the Service Canada or HRSCD Web sites does it explain exactly what proof they need that the employer has attempted to hire a Canadian,


Yes it does:
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/temp_assessment.shtml

As employers seeking to hire temporary foreign workers, you must be prepared to demonstrate that you meet the minimum advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents. This proof include copies of advertisements, number of Canadian applicants and why they were rejected, as part of the LMO process. Records of your efforts should be kept for a minimum of 2 years, in the event that a Service Canada Officer contacts you to verify your advertising efforts.


Do they need to send all resumes and applications?

NO, just a written summary of recruitment efforts and results, including the above info.


Do you need to have interviewed a certain number of people (if any).

IT DEPENDS. The fact that you may be "the best" person for the job is not the point - there has to be "no qualified Canadian..." So it all depends on the fit between the job description (as posted on JobBank etc) and the qualifications of the other applicants. The job description can be pretty specific, but not so specific that it's obviously written for one person.

One time, my boss interviewed 3 people before concluding (again) that there were no qualified Canadian applicants; some of the applicants met the "minimum" requirements, but not the desired qualifications. This last time, my (new) boss did not interview any, as none of the applicants met the minimum requirements.

Do they have to be in person interviews or is phone ok?
What if my employer has decided that although some Canadian applicants are close to the vicinity of mine, none have the exact skills and background (and have not worked in that job/company before) so it's a waste of time to interview any of them? Should they interview just for the hell of it?

If it is close, they should interview, but again, the distinction between you and other candidates must be that you met some (reasonable) requirement that the others did not. ....

 

[Bubbles1]

Thanks for that!

In the meantime, I decided to hire a highly recommended immigration lawyer who will work with my HR to put the submission together.

I'm SO glad I did - it's not cheap ($3500 just for the LMO) but she is doing alot more than we would have thought to do we were doing the application ourselves. She said that it has alot to do with the company, how long have they been in operation, do they have a good reputation etc? The better the reputation, the better the chance of the LMO being approved. And she has been asking for proof of my work history - what awards I've won, etc so she can build the case. Even going so far as to get finanicals off our HR to prove that I have contributed to the bottom line and will continue to do so.

I'm happy now and she says I have a good chance. I will keep you informed.

 

[jeywalk]

Do you have contact information for the lawyer that you consulted with?

Thanks!