Questions regarding when to leave.

[mark1234]

I'm an employer and I hired a live-in caregiver from the Philippines. She just got her visa to come to Canada but she wants to wait for her pay from her previous employer. Does she have to leave to go to Canada right away?

Thanks for you help.

 

[job_seeker]

I'm an employer and I hired a live-in caregiver from the Philippines. She just got her visa to come to Canada but she wants to wait for her pay from her previous employer. Does she have to leave to go to Canada right away?

Thanks for you help.

In the Philippines it is normal to give the employer/s at least two weeks' notice to allow for turnovers especially if she has a sensitive position in her organization (that is if she's not working as a caregiver there). It would still be okay for her to come to Canada for as long as her LMO (normally 6 months validity), her contract(normally, one or two years validity), and her TRV (normally 3.25 yrs validity) are still valid. So the LMO has the shortest validity period, so she should be in Canada before her LMO expires.

 

[mark1234]

Thanks.

 

[mark1234]

In the Philippines it is normal to give the employer/s at least two weeks' notice to allow for turnovers especially if she has a sensitive position in her organization (that is if she's not working as a caregiver there). It would still be okay for her to come to Canada for as long as her LMO (normally 6 months validity), her contract(normally, one or two years validity), and her TRV (normally 3.25 yrs validity) are still valid. So the LMO has the shortest validity period, so she should be in Canada before her LMO expires.
[/quote]

Is this the same LMO I sent her when she applied for LCP?

 

[job_seeker]

Yes... Up to when is your LMO (the one she used when she applied for her work permit/visa) valid?

 

[mark1234]

Yes... Up to when is your LMO (the one she used when she applied for her work permit/visa) valid?

I just called HRSDC and it expires on Nov. 19, 2009. I was told that all LMO issued in 2007 will expire on that day. I guess she needs to leave by Nov. 19. Does she need another LMO if she takes a vacation in May? She has a multiple entry visa. She doesn't need a re-entry one correct?

 

[job_seeker]

Yes... Up to when is your LMO (the one she used when she applied for her work permit/visa) valid?

I just called HRSDC and it expires on Nov. 19, 2009. I was told that all LMO issued in 2007 will expire on that day. I guess she needs to leave by Nov. 19. Does she need another LMO if she takes a vacation in May? She has a multiple entry visa. She doesn't need a re-entry one correct?

I don't think she needs a new LMO when she goes for a vacation. She would be coming back to work for, wouldn't she=))? A live in caregiver is entitled to 10 days (2 weeks including the regular days off) paid vacation per year after the first year of employment. I don't know in her case considering she wouldn't have had a full year of employment by May of next year.

 

[mark1234]

Thanks. Would it be a problem if she comes to Canada in May and I just re-apply for a new LMO?

 

[job_seeker]

Thanks. Would it be a problem if she comes to Canada in May and I just re-apply for a new LMO?

You would have to advertise at the job bank and a major daily or website for 14 days to show you tried to recruit Canadian citizens or permanent residents for the job.

"For NOC C and D Occupations (including live-in caregivers and seasonal agricultural workers)

* Advertise for a minimum of 14 days on the Job Bank during the three (3) months prior to applying for a LMO;
* Conduct recruitment activities consistent with the practice in the occupation, during the three months prior to applying for a LMO. The employer should advertise for the equivalent of 14 days/two-three weeks, choosing one or more of the following options:
o advertise in newspapers, e.g., a weekly ad during two-three weeks in journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters, free local newspapers;
o advertise in the community, e.g., posting ads for two-three weeks in local stores, community resource centres, churches, or local regional employment centres;
o advertise on Internet sites e.g., posting during 14 days/two weeks on recognized job Internet sites (union, community resource centres or ethnic sites).
* Demonstrate reasonable ongoing recruitment efforts which include communities that face barriers to employment (e.g. Aboriginals, older workers, other disadvantaged groups). Advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres (Aboriginal and newcomers) and local regional employment centres. The ongoing recruitment efforts that are required are specific to each region. The advertisement should be based on the conditions of the labour market in the region and be consistent with the practice in the occupation.

The advertisement must include the employer’s name, business address and wages being offered."

excerpt from: http://www.visaplace.com/blog-immigration-law/immigration-tidbits-from-lawyer-michael-niren/labour-market-opinions-lmo-for-canada-work-permits-recent-changes-effective-january-2009/

And:

http://www.rhdcc-hrsdc.gc.ca/eng/workplaceskills/foreign_workers/lcpdir/lcptwo.shtml

Starting in May 19 of this year LMOs are now valid for only 6 months. Processing in the Philippines takes I think up to 18 months.

 

[mark1234]

Thanks for all your help. I'm just wondering if they would refused the LMO because everything has been processed and she didn't come to canada before the first LMO expired.

 

[job_seeker]

Thanks for all your help. I'm just wondering if they would refused the LMO because everything has been processed and she didn't come to canada before the first LMO expired.

That's just it. The officer at Service Canada just might wonder. I guess coming now would be the best recourse and if she really needed to go on a vacation on May 2010 then hurdle that when you get there. It took soooo looong to process the work permit - 2007???? and it's now 2009. Also don't you need her services or are you just trying to help her gain entry to Canada? That would be a question that just might pop up if after the long process you are still applying for an LMO in her name.

 

[mark1234]

I called CIC and was told that she doesn't need a new LMO even if it expired. But she must have either a work pertmit or a letter stating that her application to work in Canada has been approved. She has the letter. I hope that info I got is correct.

 

[job_seeker]

I called CIC and was told that she doesn't need a new LMO even if it expired. But she must have either a work pertmit or a letter stating that her application to work in Canada has been approved. She has the letter. I hope that info I got is correct.

I don't know very much about how the call center handles inquiries because when I called them, different agents gave me different responses to the same problem.

 

[job_seeker]

Thanks for all your help. I'm just wondering if they would refused the LMO because everything has been processed and she didn't come to canada before the first LMO expired.

I guess if you made note of who you talked with then just cite the person's name. Would probably help your caregiver when she finally gets to Canada.

 

[mark1234]

That's interesting. I'll call again and see if I get a different answer. From the other post, I think she was declined entry because she doesn't have an employer and the LMO is expired. I'll keep you updated.