Changes - LMO and TWP Processing

Old Mar 16th 2009, 7:39 am
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Default Changes - LMO and TWP Processing

Anyone currently going through the LMO and TWP process should seriously think about getting things moving quickly, as Service Canada are making some serious changes in processing that will effect the processing times adversely.

Recently (in Alberta anyway) LMOs have been processed in 3 weeks, this is about to change. New restrictions on advertising requirements means that employers will have to perform more detailed advertising as well as a record of why a local was not employed. The result of these changes (or maybe I should say ‘different interpretation’) means that (in Alberta) we are talking about an immediate doubling of processing times, and it will only get worse. The LMOs issued will only be valid for 6 months (not sure is this will apply retrospectively to existing LMOs, but seems unlikely) and LMOs will not be transferable nor amendable in any way. Any infraction of the new tighter advertising guidelines will result in the employer starting from the beginning again. There is more detail to the changes, but the result is much slower processing and a strong likelihood that a prospective employer may give up

TWPs will now only be issued for 1 year, irrespective of the job classification and who knows what will happen if you want to renew it (although currently there is little issue with extensions).

There is a lot of political pressure from ill-informed politicians, to tighten up on “all these foreign workers taking the jobs of the newly unemployed locals”, despite the foreign workers doing jobs that the locals won’t do, and having skills that can’t be found locally. This will only get worse as the recession continues and don’t be fooled into thinking that common sense will prevail.

I am not trying to be a gloom merchant, it is just that I deal with this weekly and the situation has been turned on its head in the last month, where before we had brilliant co-operation from Service Canada, who got processing times down from 40 weeks to 3, now their hands are being tied by the politicians. The system, although theoretically the same, is being deliberately slowed down and may get much worse. So get your finger out if you can.
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Old Mar 16th 2009, 7:56 am
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Default Re: Changes - LMO and TWP Processing

From what I have read about this and the LMO process the amount of advertising which is involved in being able to recruit a foreign worker depends on the skill level (O,A,B etc) so if you are O or A or B it is less advertising than would be expected for the lower skill levels.
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Old Mar 16th 2009, 8:16 am
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Default Re: Changes - LMO and TWP Processing

Yes, but it is not the regulations that are changing, its the enforcement and interpretation of them.

For example, until recently we could submit the paperwork for an LMO pretty much straight away and by the time the processing started we had covered the minimum advertising period. Now we are advised that we must not submit anything until all appropriate periods have elapsed and that this should be 3 - 4 weeks (note - we only need advertise for 14 days for the jobs being offered). We need to show due diligence in our vetting procedures (we must show reasoning behind every resident who applies and is not successful, as well as exact evidence of all advertising mediums used). Only after all this is finished can we apply for the LMO. Doesn't sound like much, and I could go on, but there are a whole raft of these and I am sure there are more on their way. This is not Service Canada's fault so don't give them a hard time, this is political pressure. I work in agriculture and we can't get workers at the best of times (not seen as much of a career move these days)

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Last edited by Stuarty; Mar 16th 2009 at 8:18 am. Reason: add detail
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Old Mar 16th 2009, 4:23 pm
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Default Re: Changes - LMO and TWP Processing

Originally Posted by Stuarty
Yes, but it is not the regulations that are changing, its the enforcement and interpretation of them.

For example, until recently we could submit the paperwork for an LMO pretty much straight away and by the time the processing started we had covered the minimum advertising period.

But wasnt this the case because during 2008 there was such a backlog of LMO's waiting to be processed?

Now we are advised that we must not submit anything until all appropriate periods have elapsed and that this should be 3 - 4 weeks (note - we only need advertise for 14 days for the jobs being offered). We need to show due diligence in our vetting procedures (we must show reasoning behind every resident who applies and is not successful, as well as exact evidence of all advertising mediums used). Only after all this is finished can we apply for the LMO. Doesn't sound like much, and I could go on, but there are a whole raft of these and I am sure there are more on their way. This is not Service Canada's fault so don't give them a hard time, this is political pressure. I work in agriculture and we can't get workers at the best of times (not seen as much of a career move these days)

Working in agriculture what NOC Skill level are you looking to employ? If they are Levelsc and lower then yes the new regulations state that you have to do more advertising - which is what I said about the AOB etc above.
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Sunny Lethbridge is getting back that way thankfully - snow nearly all gone here on the SOuth side of town so hopefully we will be getting spring very shortly
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