PGWP expiring soon & my employer refuse to apply for LMO.. HELPPP!

[momo85]

Hello,

I came to Canada in Aug 2004 as a university student on a student visa and graduated in 2008 from a canadian university. I am currently on a 3-yr post graduation work permit that will be expiring on May 22 2011. I am still unable to apply for permanent residence because I need to be in a skilled position (NOC 0, A or B) like my current position for at least 1 year. I am only 5 months in this position and would need at least another 7 months before I am eligible to apply for PR under the Canadian Experience Class.

I decided to try to extend my work permit to buy me some time and asked my current employer to submit an application to HRSDC for a Labour Market Opinion. However, my employer told that they will not be able to submit the application for me with the reason that they are not able to comply with the LMO based on the following factors;

· my position not being a temporary position. The LMO indicates that positions being offered to a Foreign Worker be of temporary duration and they offered me this job on a permenant basis
· my employer is unable to demonstrate its due diligence in finding a Canadian/permanent resident to do this job because they decided to interview internally ( I have been with my company for over 1 year)
· I was hired as an underfill meaning, while I did not meet the minimum qualifications for this position with a little further training this objective could be met. my employer hired me to fill this position on a permanent basis with no expectation of requiring you to train your Canadian/permanent resident to do the job
· my employment contract does not meet the standards required of an Employment Contract for a Temporary Foreign Worker i.e. transportation costs and accommodation costs.

So, now I am not sure what to do to keep my job and get a work permit. I applied to change status from TFW to vistor for me to stay in canada legally. If someone might have some advise on what I can do now, please let me know.

Thank you!

 

[ae03yy]

I.
Employers must submit an Application for a Labour Market Opinion to the Service Canada Centre responsible for processing the foreign worker requests in their area. The application will be assessed using existing program criteria. In cases where the employer is making a permanent job offer to employees who have completed the PGWPP for employment in a skilled occupation (within National Occupational Classification 0, A and B codes only), the employer will not be required to demonstrate recruitment efforts. It is recommended that the employer submit the application for an LMO approximately four months before the expiry of the Post-Graduation Work Permit.
Extract retrieved from: http://www.rhdcc-hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

II.
As a temporary resident, if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident until a decision is made on the application. This is known as an Implied Status.
If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying when your permit expires.

III.
If a person is ready to submit a Work Permit application to the Case Processing Centre in Vegreville, Alberta, and is still waiting for a Labour Market Opinion (LMO) or Certificat d'acceptation du Québec (CAQ), they may submit the work permit application only within 2 weeks of the expiry of their status and include proof that the LMO/CAQ request was made. They must:
-include a copy of the application sent to Human Resources and Skills Development Canada/Immigration Québec; or
-include a copy of the receipt confirmation number, if the request was done online; or
-indicate in section D of the Work Permit application:
-the date the LMO/CAQ request was sent;
-which office it was sent to;
-the employer's name; and
-the confirmation number for the submission, if available.

 

[rjessome]

Hello,

I came to Canada in Aug 2004 as a university student on a student visa and graduated in 2008 from a canadian university. I am currently on a 3-yr post graduation work permit that will be expiring on May 22 2011. I am still unable to apply for permanent residence because I need to be in a skilled position (NOC 0, A or B) like my current position for at least 1 year. I am only 5 months in this position and would need at least another 7 months before I am eligible to apply for PR under the Canadian Experience Class.

I decided to try to extend my work permit to buy me some time and asked my current employer to submit an application to HRSDC for a Labour Market Opinion. However, my employer told that they will not be able to submit the application for me with the reason that they are not able to comply with the LMO based on the following factors;

· my position not being a temporary position. The LMO indicates that positions being offered to a Foreign Worker be of temporary duration and they offered me this job on a permenant basis
· my employer is unable to demonstrate its due diligence in finding a Canadian/permanent resident to do this job because they decided to interview internally ( I have been with my company for over 1 year)
· I was hired as an underfill meaning, while I did not meet the minimum qualifications for this position with a little further training this objective could be met. my employer hired me to fill this position on a permanent basis with no expectation of requiring you to train your Canadian/permanent resident to do the job
· my employment contract does not meet the standards required of an Employment Contract for a Temporary Foreign Worker i.e. transportation costs and accommodation costs.

So, now I am not sure what to do to keep my job and get a work permit. I applied to change status from TFW to vistor for me to stay in canada legally. If someone might have some advise on what I can do now, please let me know.

Thank you!

Since you are on a PGWP, there are exceptions to all of those rules your employer is worried about.

1. The employer MUST say that the intent is to make this position permanent.
2. No recruitment efforts required when intending to hire/extend an employee on a PGWP.
3. It is not expected that the employee meet the minimum qualifications for the job and the salary may be lower (but not ridiculously so) when the employee is on a PGWP.
4. For a skill level B position and since you are already living in Canada, what expectations regarding travel and accommodations? You already HAVE accommodations so the employer does not need to find them (and doesn't need to pay for them for any skill level) and there are no travel costs assumed by an employer for those in a skill level B or higher occupation.