Problem LMO/LMIA related

[Johny Bravo]

Hi there

I have a question according to my current situation with my LMO work permit. I got my LMO a year an a half ago and Few month ago I decided to start my PR application. I started my online application I realized that I don't know my LMO number so I asked my HR and she gave me the documents to find it myself. I found the number but I also fount that I supposed to make a lot more money than I actually make. Funny enough few days later the government decided to check my LMO documents if everything is ok (the kind of review they sometimes do). My employer was already aware of the problem and they sent all the papers back to the government explaining why I make less and that it was a mistake (looks like it actually was a mistake cause a bigger company bought us and we got new HR right after I got my LMO and nobody realized that there is something wrong. Now I'm waiting for a respond from the government and I have no idea what the final decision is going to be.

My question is: in this situation, can I still apply for my PR now or wait for the government to respond?


Thanks

 

[sharma1990]

Hi there

I have a question according to my current situation with my LMO work permit. I got my LMO a year an a half ago and Few month ago I decided to start my PR application. I started my online application I realized that I don't know my LMO number so I asked my HR and she gave me the documents to find it myself. I found the number but I also fount that I supposed to make a lot more money than I actually make. Funny enough few days later the government decided to check my LMO documents if everything is ok (the kind of review they sometimes do). My employer was already aware of the problem and they sent all the papers back to the government explaining why I make less and that it was a mistake (looks like it actually was a mistake cause a bigger company bought us and we got new HR right after I got my LMO and nobody realized that there is something wrong. Now I'm waiting for a respond from the government and I have no idea what the final decision is going to be.

My question is: in this situation, can I still apply for my PR now or wait for the government to respond?


Thanks

What i think they asked for review is because may be your company applied more LMIA so when ever any company applied more LMIA, they do review check and and your review will be approved your enployer will get call or email regarding this

 

[Johny Bravo]

I don't think they applied for another LMO (I'm 99% sure) I think it was one of those random checks. So is it ok to apply before I got any respond regarding to my problem ?

 

[sharma1990]

I don't think they applied for another LMO (I'm 99% sure) I think it was one of those random checks. So is it ok to apply before I got any respond regarding to my problem ?

Yha i think if you meet all the requirements you can apply,and i dont think they can refuse you just because you making less money and please correct me is there anywhere written on lmia contract that we have to make this much money bec i don't remember in mine tgough

 

[Johny Bravo]

Yha i think if you meet all the requirements you can apply,and i dont think they can refuse you just because you making less money and please correct me is there anywhere written on lmia contract that we have to make this much money bec i don't remember in mine tgough

yeah it says what the minimum wage supposed to be

 

[sharma1990]

yeah it says what the minimum wage supposed to be

Ok this is a problem now , you suppose to get check of same amount as it mentioned in your lmia, i think you have to consult with somebody as it will be problem for you if u apply i think

 

[Johny Bravo]

But the thing is that this isn't my fault at all and I'm just wondering if it would effect my PR application

 

[sharma1990]

But the thing is that this isn't my fault at all and I'm just wondering if it would effect my PR application

Oh yes it will, what if they ask for pay stubs in future they will come to know that your are working in different amount as mention on lmia what i think you should consult first with seniors like asivad ...

 

[Johny Bravo]

Does anyone else have any opinion? I'd really appreciate any help

 

[jes_ON]

My employer was already aware of the problem and they sent all the papers back to the government explaining why I make less and that it was a mistake (looks like it actually was a mistake cause a bigger company bought us and we got new HR right after I got my LMO and nobody realized that there is something wrong.

Now I'm waiting for a respond from the government and I have no idea what the final decision is going to be.

My question is: in this situation, can I still apply for my PR now or wait for the government to respond?

It his hard to say how CIC/ESDC will go on this. Regardless of the sale of the company, your employer violated the terms of your LMO. Mostly they look at this as the employer's fault, and your employer could be on the "no future LMIA" list.

As for CIC, they won't care about the sale either. When an employer pays less than the wage on the approved LMO, then CIC usually assumes you did not perform the duties of the SKILLED NOC either, that you were probably performing lower skilled work (and/or your employer is totally untrustworthy), and that the company got the LMO/LMIA through deception. Technically, they could determine that your work was unauthorized.

Unless your employer is going to correct their error by paying you what they owe you, I also suggest consulting a lawyer.