nilzor

Hi

Currently i'm on a work and travel visa working as a computer technician. My visa is running out in 3 weeks.
My boss is pretty eager to keep me, so we sent of an application for an LMO.

1. try, we didn't post the job ad for 2 weeks as required for a NOC B job.
The response from hrsdc was, that there is no labour shortage in this occupation in the canadian workforce.

Does that mean that I can't get a LMO for this job, no matter what?
btw. im from germany not britain, not sure if there is a difference.

2. try, we included the job-ad from jobbank, no answer yet


thanks,
nilzor

christmasoompa

What exactly did he do to prove that no Canadian can do the job if he didn't advertise it?

And you do know that a LMO can take several months to obtain? So if you have to switch to a visitor visa or return home for a while during the processing, is your boss happy with that?

Welcome to the forum btw.

nilzor

They said it is currently 20 Days, for LMOs to be processed in Toronto. My boss would be OK with me absent for a couple months.
Im pretty sure i'll be spending Christmas back home - not such a bad deal.

Im just afraid that they wouldn't accept any applications in my profession? Even with meeting the minimum advertising requirements.

In the first applicatio attemt there was no real explanation for me to be hired

YYZlover

When I spoke to HRSDC Toronto on monday they said 15-20 working days and that they are ahead of schedule so could take 10.

They said the same a week before that.

They also advised me to tell my boss to call in 3-4 days after submitting the application. By then a case number would have been assigned, and more than likely a case officer. It would save them from calling if they have any questions and would show that the employer is being pro-active. A cover letter detailing the urgency of an expedited response could also help.

All this is advice I've been given by 3 different officers at HRSDC Toronto.

nilzor

So, given enough processing time is there a real chance for me getting that LMO approved?


Thanks for the quick responses!

ninaDGBCA

to be honest to get a pos. LMO is hard. your employer has to proof that he has done everything to find a Canadian that can do the job, that the salary is "high" enough etc.
So advertising in newspapers, internet, national jobbank.Following all the required timelines (min of 2 weeks posting etc.,) Having interviews and then explaining why the candidates weren't suitable.
If you have some specific skills that are highly valuable for your employer, that would help to point out and your experience in the field you are working.
The employer can send a letter with the application what he has done, why he couldn't find a Canadian and what your qualifications are that make you the perfect candidate.
Then you have a chance but no guarantee.
Have you thought about the provincial nominee program ? If he is willing to wait a bit and maybe even pay for it then that might be another route to follow additional to the LMO application.
And no it doesn't make a difference if you are British or not. It's all about making sure that Canadians with same qualifications get the chance to get a job before a foreign worker.

nilzor

for the provincial nominee program you need a permanent position right? I'm just on contract.

In fact my boss couldn't find anyone else to do my job properly. The last 2 people in my position got fired after half a year.
Unfortunately this is too long ago to reference in an application.

As for the recent application, we just mentioned in the letter that went with the application that none of the candidates were better or equal to my skills and qualifications.
We also stated the the work flow of the organization would be interrupted and it had negative effects on the people that work there in case If I had to leave/

ninaDGBCA

if your boss really needs you then maybe he should make your contract permanent and then go for all routes.
Just an idea....
Where about in Canada are you?
Good luck !!!!

nilzor

I'm in Toronto.
In last conversation with hrsdc the lady told me, that my lmo got refused just because we didn't advertise the position according to the minimum requirements.
We advertised on jobbank but not on any other "industry standard website/paper". Those postings are usually pretty pricey.

In the first place we fitted the job description according to some name in the NOC list because the original didn't match. That happend to be NOC B

My idea was to change the job name to what fits in NOC category A. Then I would get around advertising on another website/paperm right?

ninaDGBCA

"All occupations based on the National Occupational Classification (NOC) system, skills levels 0, A, B, C and D are subject to the same minimum advertisement requirements. Failure to comply with the requirements outlined below will result in the application for a Labour Market Opinion (LMO) being denied.

As employers seeking to hire temporary foreign workers, you must be prepared to demonstrate that you meet the minimum advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents. This proof include copies of advertisements, number of Canadian applicants and why they were rejected, as part of the LMO process. Records of your efforts should be kept for a minimum of 2 years, in the event that a Service Canada Officer contacts you to verify your advertising efforts.

All employers are encouraged to conduct ongoing recruitment efforts, including among under represented groups that face barriers to employment (e.g., Aboriginal peoples, older workers, immigrants/newcomers, persons with disabilities and youth). The advertisement could be on recognized Internet job sites, in local and regional newspapers, at community resource centres and in local regional employment centres.


NOC 0 and A Occupations

You will have conducted the minimum advertising efforts required if you:

* Conduct recruitment activities consistent with the practice within the occupation (e.g., advertise on recognized Internet job sites, in journals, newsletters or national newspapers or by consulting unions or professional associations);

OR

* Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan or the Northwest Territories)

for a minimum of fourteen (14) calendar days, during the three (3) months prior to applying for a LMO"

That tells you basically all you have to do when applying for a LMO under NOC A/0.

They are quite strict and if you have any special skilles, put them in the job advert as "candidate must have" that increases your chances that you are the only one that can do the job.

stacey.cook1

My LMO was originally refused due to 'no labour shortage' my employer re-advertised, held interviews and scored the applicants on their relevant experience and all the job description duties, she then compiled a spreadsheet and calculated each score etc then did an evaluation letter explaining why none of the applicants met the criteria and also wrote a 'pleading' letter basically saying i'm amazing and they can't afford to lose me bla bla bla and viola 1 week later they sent through a positive response.
So my advise is not to give up, get your boss to go over the top with recruitment and interview summaries and fingers crossed.