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Minimum advertising requirements for LMO (skill level A)

kaletogo

Member
Jul 17, 2012
12
0
Hi all

This is my first post so please excuse me if I’ve left off any important information/made a forum faux pas.

I came to Vancouver, BC in January on a one year working holiday visa (I’m a New Zealander).

I responded to a job ad in February and started working at a company who now want to hire me on a permanent basis. I am not employed directly by the company, rather I signed a contract with a recruitment agency whom I provide timesheets to every week, who then pay me.

I am looking to apply for a FSW visa (I score over the 67 required points) and am at the point where my employers need to submit an application for an LMO.

I sit under NOC code 2175 Web designers and developers, skill level A.

I have been using this webpage for my source of information for my company to apply for an LMO, os this the page I should be looking at?
hrsdc.gc.ca /eng/workplaceskills/foreign_workers/temp_assessment.shtml (sorry, I can't post proper links)

Under the heading “Minimum Advertising Requirements” it says the company wishing to hire me must:

“Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations); or
Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories) for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO.”


Given that they already recruited me back in February, would this mean that they have already satisfied the minimum advertising requirements? Does the fact that they hired me through an agent, who now signs my pay cheques, affect this in any way? Will they be expected to advertise again for my position even though I have worked at the company for five months already and am not being hired into a different position?

Something else that may affect this is, as of September, I will no longer be going through the agent for employment and will be working directly for the company who wish to hire me.

Sorry for the long post but thanks in advance for your help, it is really much appreciated!
 

scylla

VIP Member
Jun 8, 2010
95,911
22,158
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - they have not satisfied the minimum advertising requirements. Per the instructions you quoted, the job must have been advertised for a minimum of two weeks in the three months preceeding the LMO application. Since they hired you in February - it's been well over three months since the job was posted. They must advertise again and prove no suitable Canadian candidates could be found.

It doesn't matter that you have already worked for the company for five months and are not being hired into a new role - they must still meet the advertising requirement to obatin an approved LMO.
 

scylla

VIP Member
Jun 8, 2010
95,911
22,158
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add - the web site information is poorly formatted (I see why you were confused by it). The 14 days within the last three months minimum requirement applies to all. If your employer can't show this then you can expect the LMO to be rejected.
 

kaletogo

Member
Jul 17, 2012
12
0
scylla said:
Just to add - the web site information is poorly formatted (I see why you were confused by it). The 14 days within the last three months minimum requirement applies to all. If your employer can't show this then you can expect the LMO to be rejected.
Thanks so much for your answer, scylla. The formatting is exactly what I was confused over, ie. whether the the 14 days applied to both instances or just the second one. You've been a great help :)