Questions on HRSDC LMO

[mitali]

Thanks very much Canadin and Mitali for you help so far.

So what I am going to do now is the following
1) Get AEO
2) Apply for PR FSW2, with my existing WP (although it expires in Nov)
3) Get LMO and start process for new WP
4) Submit new WP to VO when I get it later hopefully this year

That makes sense right? or am I missing something?
Really appreaciate the feedback!

I have not been very productive today...sorry

1.It is imperative for you to take care of your LMO and WP first. You have to apply for a new WP (with +LMO) before the expiry of your current one (Check the date on your WP). If you miss that date then you will add a plethora of problems to your current situation.

Ask your employer to get started on LMO.

2. Apply for PR with your current valid LMO

3.While you are waiting for PR FSW2 processing, hope to receive the extension of your job/LMO and continue working on this LMO related job and send the details to VO.

4. If the LMO is extended and you hope to continue with this job till you receive PR then no need for AEO.

5. If the LMO is not extended then your PR application will fail.

6. As a back up, you can try to find an employer who is willing to apply for an AEO through HRSDC. If it is approved then you can apply for PR with the positive AEO.

7. Now, if you have both positive LMO with a guarantee that you can retain it till you get PR and a positive AEO...you will be asked to withdraw on application on a latter date by CIC.

Hope it helps. Sorry friend I took so long to answer your query...today was a very difficult day for me.

Mitali

 

[Avez]

I have not been very productive today...sorry

1.It is imperative for you to take care of your LMO and WP first. You have to apply for a new WP (with +LMO) before the expiry of your current one (Check the date on your WP). If you miss that date then you will add a plethora of problems to your current situation.

Ask your employer to get started on LMO.

2. Apply for PR with your current valid LMO

3.While you are waiting for PR FSW2 processing, hope to receive the extension of your job/LMO and continue working on this LMO related job and send the details to VO.

4. If the LMO is extended and you hope to continue with this job till you receive PR then no need for AEO.

5. If the LMO is not extended then your PR application will fail.

6. As a back up, you can try to find an employer who is willing to apply for an AEO through HRSDC. If it is approved then you can apply for PR with the positive AEO.

7. Now, if you have both positive LMO with a guarantee that you can retain it till you get PR and a positive AEO...you will be asked to withdraw on application on a latter date by CIC.

Hope it helps. Sorry friend I took so long to answer your query...today was a very difficult day for me.

Mitali

Hey Mitali..! The answer you've provided is so true and helpful..

I had applied for PR under FSW2 in Oct 2010 with a +AOE.. However, my PR file was returned in May 2011 stating that the officer could not confirm the reported years of my university education as the transcripts were not filed (I was not made aware by lawyer that I had provide all my transcripts).. My lawyer did not accept her mistake but blamed the officer saying that they should have requested for the transcript instead of returning the file.. Hence, my lawyer convinced me to re-submit the file with all the transcripts.. The file was re-submitted on May 31, 2011.. This is only the background of my questions..

All the while in was on an LMO work permit which was about to expire March 17, 2011.. I already started the process in Nov 2010 to renew the WP with a new LMO.. This is time my lawyer mentioned I could not get a +LMO with my current the job description and salary (the same which got me a +AEO) and that I should get a raise to meet the HRSDC requirements..

My employer did not agree with the raise and time passed by and my WP expired.. And, unwilling they had to hire somebody else on a 6 month contract with the hopes that I get my PR before the end of 6 months.. However, May 2011 my PR file was returned as mentioned above..

Since then I've been waiting for a response from CIO for the re-submission and finding ways by which I can get a work permit.. Currently I am in Canada with a visitor status which again was suggested by lawyer to remain in Canada..

My lawyer also suggested the PNP program.. But my employer is not very helpful in providing the required documents though I've an arranged employment with them..

My questions...

1. Can the HRSDC provide a +AEO and not a +LMO for the same job and salary..?
2. Can I sue my employer if I am denied the job once I get my PR, as they offered me an arranged employment in hopes of which I applied for the PR and choose to stay in Canada..?
3. Say my employer decides to re-hire and advertises the position again for me - Can I apply for the position and get a +LMO considering the fact that I am on visitor status..?

Thanks in advance....

 

[mitali]

Hey Mitali..! The answer you've provided is so true and helpful..

I had applied for PR under FSW2 in Oct 2010 with a +AOE.. However, my PR file was returned in May 2011 stating that the officer could not confirm the reported years of my university education as the transcripts were not filed (I was not made aware by lawyer that I had provide all my transcripts).. My lawyer did not accept her mistake but blamed the officer saying that they should have requested for the transcript instead of returning the file.. Hence, my lawyer convinced me to re-submit the file with all the transcripts.. The file was re-submitted on May 31, 2011.. This is only the background of my questions..

All the while in was on an LMO work permit which was about to expire March 17, 2011.. I already started the process in Nov 2010 to renew the WP with a new LMO.. This is time my lawyer mentioned I could not get a +LMO with my current the job description and salary (the same which got me a +AEO) and that I should get a raise to meet the HRSDC requirements..

My employer did not agree with the raise and time passed by and my WP expired.. And, unwilling they had to hire somebody else on a 6 month contract with the hopes that I get my PR before the end of 6 months.. However, May 2011 my PR file was returned as mentioned above..

Since then I've been waiting for a response from CIO for the re-submission and finding ways by which I can get a work permit.. Currently I am in Canada with a visitor status which again was suggested by lawyer to remain in Canada..

My lawyer also suggested the PNP program.. But my employer is not very helpful in providing the required documents though I've an arranged employment with them..

My questions...

1. Can the HRSDC provide a +AEO and not a +LMO for the same job and salary..?
2. Can I sue my employer if I am denied the job once I get my PR, as they offered me an arranged employment in hopes of which I applied for the PR and choose to stay in Canada..?
3. Say my employer decides to re-hire and advertises the position again for me - Can I apply for the position and get a +LMO considering the fact that I am on visitor status..?

Thanks in advance....

Hi Avez,

Sorry to hear about your predicament.....hope something Good is in store for you.

So, you have been out of job for approx 5months...that is tough in Canada. Are you looking for new employers...even though you have an AEO from the present (ex) employer. Now to answer your questions:

1. Yes, your employer can apply for the same job in the AEO category. As far as the salary is concerned it has to match up with the current salaries of the current year....it can not be less. There is an increase of 4.75% (across the board) increase of salary every year for all employees of skilled category. I am not quite sure about the semi-skilled category. If the salary is less then you automatically set your application to fail. HRSDC is very particular about this in addition to other criteria.

2. Sue your employer - I would suggest not to waste time,energy and money in the event of such an unfortunate situation; rather engage your efforts to claim a job with full determination that is rightfully yours. With AEO offers, the applicant has the freedom of not seeking employment with employer who got him AEO. I have not heard employers suing the applicants but I am not quite sure if the applicant is at the liberty to do the same....food for research for me .

Technically and logically, IMO, I think the employer will have to provide some document/evidence (to save their back) to the applicant, in writing why the job is no more available...they can site a number of reason....recession- topping the list, no funds, change in management (?) etc....which can not fought in a Court of Law as they have put down their arms in submission

3. Yes, if your employer does all the formalities of seeking HRSDC approved LMO , then you may work after getting a WP from any border close to your place.

Hope this helped.

Mitali

 

[Avez]

Hi Avez,

Sorry to hear about your predicament.....hope something Good is in store for you.

So, you have been out of job for approx 5months...that is tough in Canada. Are you looking for new employers...even though you have an AEO from the present (ex) employer. Now to answer your questions:

1. Yes, your employer can apply for the same job in the AEO category. As far as the salary is concerned it has to match up with the current salaries of the current year....it can not be less. There is an increase of 4.75% (across the board) increase of salary every year for all employees of skilled category. I am not quite sure about the semi-skilled category. If the salary is less then you automatically set your application to fail. HRSDC is very particular about this in addition to other criteria.

2. Sue your employer - I would suggest not to waste time,energy and money in the event of such an unfortunate situation; rather engage your efforts to claim a job with full determination that is rightfully yours. With AEO offers, the applicant has the freedom of not seeking employment with employer who got him AEO. I have not heard employers suing the applicants but I am not quite sure if the applicant is at the liberty to do the same....food for research for me .

Technically and logically, IMO, I think the employer will have to provide some document/evidence (to save their back) to the applicant, in writing why the job is no more available...they can site a number of reason....recession- topping the list, no funds, change in management (?) etc....which can not fought in a Court of Law as they have put down their arms in submission

3. Yes, if your employer does all the formalities of seeking HRSDC approved LMO , then you may work after getting a WP from any border close to your place.

Hope this helped.

Mitali

Hello Mitali..!

Thank you ever so much for your prompt response.. I've a better understanding of my situation now.. ;D..

Question...!!!

1. Do you think I should get professional help to apply for the WP..? If yes, can you recommend somebody.. I am currently in Toronto, ON..
2. Can you take a look at a job description and be able to tell what the NOC and required salary per HRSDC would be..? I can email you the job description..

Thank you..

 

[pietvn]

Hi mitali

I really do appreciate your time helping me out, thank you.

Just quickly

I have not been very productive today...sorry

1.It is imperative for you to take care of your LMO and WP first. You have to apply for a new WP (with +LMO) before the expiry of your current one (Check the date on your WP). If you miss that date then you will add a plethora of problems to your current situation.

Ask your employer to get started on LMO.

2. Apply for PR with your current valid LMO

3.While you are waiting for PR FSW2 processing, hope to receive the extension of your job/LMO and continue working on this LMO related job and send the details to VO.

4. If the LMO is extended and you hope to continue with this job till you receive PR then no need for AEO.

5. If the LMO is not extended then your PR application will fail.

6. As a back up, you can try to find an employer who is willing to apply for an AEO through HRSDC. If it is approved then you can apply for PR with the positive AEO.

7. Now, if you have both positive LMO with a guarantee that you can retain it till you get PR and a positive AEO...you will be asked to withdraw on application on a latter date by CIC.

Hope it helps. Sorry friend I took so long to answer your query...today was a very difficult day for me.

Mitali

At 2) I do not have an LMO, the IT Workers VISA did not require an LMO last year. This year however I do require one if I need to extend my WP.

Can I instead get an AEO and submit my WP with that for PR? I know I would have to get an LMO for my following WP, but to get the process started is the AEO sufficient?

Also my work is more than willing to help me. What can I ask of them to speed things up? Is a lawyer the answer? although I do not want to spend money if it is not required.

Thanks
Pieter

 

[mitali]

Hi mitali

I really do appreciate your time helping me out, thank you.

Just quickly
At 2) I do not have an LMO, the IT Workers VISA did not require an LMO last year. This year however I do require one if I need to extend my WP.

Can I instead get an AEO and submit my WP with that for PR? I know I would have to get an LMO for my following WP, but to get the process started is the AEO sufficient?

Also my work is more than willing to help me. What can I ask of them to speed things up? Is a lawyer the answer? although I do not want to spend money if it is not required.

Thanks
Pieter

Yes, this time you would require LMO for your job, as you already know.

AEO (employer sponsored) processing through HRSDC will also take a considerable time atleast 5-6 m or maybe more.Pl check website for current time lines.

IMO, you will lose precious time if if you wait for AEO and then there is no guarantee that it will be positive; it might be denied (hope not).

I am happy that you have a supportive employer....but in this case nothing can be done to expedite processing at CIO/CHC, evn if your employer is all willing.

The only thing the employer can do is to prepare the AEO with super super diligence with no space for any error. You can do some research yourself on the subject to help him out. Be very careful about the salary component; should be in compliance with current salary (current year) being offered for the job in question.

The option of having a lawyer is your decision but YOU SHOULD BE WELL INFORMED with current information , so that you dont fail your own application based on what the lawyer proposed. Check CIC website, you will feel confident yourself.

Any other question ask the forum, some one will help you.

Mitali

 

[pietvn]

Hi Mitali.

Just want to confirm. So basically I can not apply for PR right now because I do not have LMO or AEO? I should get another work permit first and then do it when I receive the new WP?

Thanks!

 

[mitali]

Hi Mitali.

Just want to confirm. So basically I can not apply for PR right now because I do not have LMO or AEO? I should get another work permit first and then do it when I receive the new WP?

Thanks!

You are eligible to apply for PR in your current status which is valid till Nov 2011 (Dont delay to apply). Your concern is regarding the LMO which was not required earlier for your present job but will be required now due to change of rules. Dont worry....CIO will have the details of your previous file and will not reject your file because you have not provided a LMO....remember your status (without LMO ) is still valid till Nov 2011.

Get started on LMO process ASAP, and send it to VO ASAP to continue the PR processing (assuming that you initiate the PR process now). AEO through your employer is a back up plan as already explained earlier, if the LMO does not come through before VO's request.

Mitali

 

[pietvn]

Thanks Mitali

I was just confused earlier by Canadastin's remark

LMO exempt job were never accepted under FSW2.

as well as

For fsw2...u need AEO approved by HRSDC . And the occupation should among O, A or b category of NOC List.

It sounded like because I did not have an LMO/AEO I would not qualify, but if you say CIO have my details and understand why I did not need it, then it is good to hear!

I will start ASAP with my application!

 

[canadestin]

Thanks Mitali

I was just confused earlier by Canadastin's remark as well as
It sounded like because I did not have an LMO/AEO I would not qualify, but if you say CIO have my details and understand why I did not need it, then it is good to hear!

I will start ASAP with my application!

pietn

you are not eligible...with the current wp which doesnt require LMO.

i am very much aware of the wp ( it is software pilot project) where few software occupations were given wp without LMO.

Ths wp was introduced in 2004....even at at that time it was not eligible to aply under fsw2 unles u fit in the rules existed at that time...now also if u r under 29 occupations eligible for FSW u can apply...but u will not b considered under fsw2 with this wp.

The rule was same at 2004 when this was introduced n untill today....then also this wp was not considered under fsw2.

I am very sure about it. If u have any doubts then ask any Lawyer.

I also wanted to apply this wp in 2004 which u r presently hoding ..i then enquired and also checked CIC website and guide...then also the rules clearly stated that if u jhave to apply under fsw2 u need b on wp which is LMOapproved.

And what is important here is not whether ur WP is exempted from LMO before n now it is not..

Important is what the current rules are and ur application will be assessed according to rules at the time of submmission. And this rules of Fsw2 were same before too... as far i know since 2004.

PLEASE CHECK THE BELOW TAKEN FROM CIC WEBSITE.

If you are currently working in Canada: ( Yes u are )

•your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and ( we assume ur employer will give the offer)

•your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued. ( this also we will assume will be valid)

In addition:

•your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or (here were ur wp doesnt fit)

•you must be in a category that is exempt from an Arranged Employment Opinion
in order for your offer of employment to be valid. (are u under this category? Find out.)

 

[mitali]

pietn

you are not eligible...with the current wp which doesnt require LMO.

i am very much aware of the wp ( it is software pilot project) where few software occupations were given wp without LMO.

Ths wp was introduced in 2004....even at at that time it was not eligible to aply under fsw2 unles u fit in the rules existed at that time...now also if u r under 29 occupations eligible for FSW u can apply...but u will not b considered under fsw2 with this wp.

And what is important here is not whether ur WP is exempted from LMO before n now it is not..

Important is what the current rules are and ur application will be assessed according to rules at the time of submmission. And this rules of Fsw2 were same before too... as far i know since 2004.

PLEASE CHECK THE BELOW TAKEN FROM CIC WEBSITE.

If you are currently working in Canada: ( Yes u are )

•your current employer must have made an offer to give you a permanent job if you are accepted as a federal skilled worker, and ( we assume ur employer will give the offer)

•your temporary work permit must be valid both when you apply for a permanent resident visa and when the visa is issued. ( this also we will assume will be valid)

In addition:

•your work permit must have been confirmed by Human Resources and Social Development Canada (HRSDC) through a positive labour market opinion or (here were ur wp doesnt fit)

•you must be in a category that is exempt from an Arranged Employment Opinion
in order for your offer of employment to be valid. (are u under this category? Find out.)

I sincerely apologise for incorrect information that I provided.....I truly am.

Canadestin () has a very much hands on knowledge on the matter since he himself had explored the possibilities earlier and the circumstances are similar to yours which did not allow him to apply for PR.

So you will have to get LMO or an AEO first, before you apply for PR.

I truly am sorry!!!

Mitali

 

[pietvn]

Hi there guys

Canadastin - I appreciate the feedback and now I at least know for sure the exact situation. Thanks for explaining it in detail.

Mitali - many thanks for all your help aswell and the quick replies. I am sure your ranking speaks for itself and I have no doubt others on this forum also appreciate the help you give! No need to be sorry at all! I knew my situation was a bit different and thought there was a gray area in which I could possibly be elligible. At least I am now clear on what I am going to do.

Thanks and keep up the good work
Pieter!

 

[pietvn]

I know this is not the PNP section, but you guys would not perhaps know the following?

If I apply for PNP, do I need to renew my WP for another year (plus getting LMO and other drama) or is it possible to just go into "implied" status and continue working?

Regards
Pieter

 

[mitali]

I know this is not the PNP section, but you guys would not perhaps know the following?

If I apply for PNP, do I need to renew my WP for another year (plus getting LMO and other drama) or is it possible to just go into "implied" status and continue working?

Regards
Pieter

Unfortunately, you can not work in "Implied status"....one has to wait for the decision from HRSDC and subsequent WP.

There will be a break in job whenever one has to move over to "Implied status". The employer can not pay anyone in Implied status...its illegal....because an application (LMO) for you in process and you can not be paid till a decision is made.

Mitali