Hydra

Hello everybody.

About a year ago I went to Canada because a company wanted to know me, we made an interview, I worked with them during a few days, and finally they decided to hire me because they need me since it's no easy to find qualified workers in Canada that fits in that position (I have a very unique Masters Degree).

I applied for the PNP Ontario (Permanent Residence Card + Working Permit). The company paid all the expenses, also they used a Immigration Consultant services. I've done everything they wanted me to do: all the paperwork, forms, police checks, translation of my university titles, notarized forms, etc. As I said the company paid all these expenses.

So I had all the requirements to be accepted and get my Working Visa and Permanent Residence Card, but recently I discovered that the LMO denied my file due to a problem with the wages.

I don't know what exactly happened, but I guess that the salary that my company was willing to offer me was not enough to the LMO, hence the denial. It doesn't make sense the other way around, right?

It's a pity after all the time I've been waiting for, after all the things I had to do... Now we have the right to appeal this denial. Any of you know how it works this appeal process? Is there any possibility that the LMO change their mind? How can we do this?

Thanks.

spaceace

welcome to BE :-)

the rule is there to stop unscrupulous employers exploiting immigrant workers with pitiful wages

why not re-apply for LMO with a wage that is acceptable ?

Hydra

Yes I know this is a good measure to avoid unfair wages, but I don't have a lot of experience in my field and I was agree with the wage offered.

I think that my company doesn't want to re-apply for LMO with a new wage, they are going to appeal and give the LMO their reasons, but if this is denied again, then it's the end. They will offer me the same position but I will work from my home or something like that, like a freelance...

wolstie

You still need a work permit to do that.

christmasoompa

Unfortunately, with the current economy the way it is, many more LMO's are being refused these days. If the wages aren't fair, then it will be rejected, even if you are happy with the pay on offer.

Your only option is to get the company to reapply and try again. They can check out what they would be expected to pay on the HRSDC website. And as said above, you cannot work for them at all without a valid work permit, unless of course you're working outside of Canada (if that's what you meant by work from home?).

Good luck.

Edit: actually, I'm confused. You say in your first post that you provided degree transcripts, police certs, etc, none of which is needed for a LMO application. You also mention applying for a 'Permanent Residence card'. So are you sure they applied for a LMO? Or was it an AEO and PR application? If you can clarify exactly what has been applied for and refused, then people can give you better advice.

Hydra

Yes, when I said working form home I mean my home, in my county, not in Canada. Another option is to work with an European branch of this company (there are a couple of branches in Europe), that way I wouldn't need any working permit since I'm European already.

The thing is that I wanted to live and work in Canada, to live new experiences and to improve my English, and now I'm trapped here in the old Europe

Ok sorry. I applied for the PNP Ontario (Permanent Residence Card + Working Permit). The LMO process is part of the PNP process.

christmasoompa

No LMO is required for a PNP application? So I'm still confused as to what you've applied for! Here is the Wiki article on PNP's - http://britishexpats.com/wiki/Provin...inion_required

And from the Ontario PNP website:

I am an employer interested in participating in this program. Will I need to apply for a Labour Market Opinion?

No. Employers are not required to obtain a Labour Market Opinion in order to use the services of Opportunities Ontario. Employers must meet the criteria of Opportunities Ontario and obtain approval for position(s) they intend to fill through the pre-screen application process.

I think you should speak to your employer and find out exactly what they have applied for, and then you can decide what to do from there. If you really want to go to Canada, and they really want you, then it's certainly achieveable.

Hydra

Thanks christmasoompa. The truth is that I'm not acquainted with the terminology, when I said LMO maybe it's not the LMO who denied my file and it was Opportunities Ontario (Maybe we should edit the thread title). Anyway the result is the same, application denied due to the wages.

wolstie

As an Opportunities Ontario Nominee, I can tell you the exact process.

Step One: Employers start the application process by submitting a Pre-screen Application to the Ministry of Citizenship and Immigration

Step Two: Once Opportunities Ontario has notified employers of their approved position(s), employers can recruit foreign nationals to fill these position(s). Approved employers will receive an approval letter, Joint Verification form, and Pre-screen Position form from the Opportunities Ontario office to send to their nominee(s). Prospective nominees can then visit the Forms and Guides page of this website to complete and download the nominee application form.

Only after Step 2 do you send all your personal information - university transcripts, work history etc with your application for nomination.

If you have got to step 2, sent the required docs and it has been rejected, it will be down to your work experience and qualifications, not the wage (as this would have been checked in Step 1 with the employer).

You definitely need to check what's been applied for - LMO or PNP as they are two very, very different things.

Hydra

I'll explain to you what happened. As I said before, my immigration process is managed by a Immigration Consultant. They asked my to deliver all documents, forms, etc in advance so everything goes smooth and quick. I seems that my process is in Step 1 yet...

christmasoompa

You really need to speak to your immigration consultant and find out (a) what they applied for and (b) what went wrong. Nobody here can advise you as we don't really know what you've applied for. An immigration consultant should have known what pay rate was expected for your job, so it seems odd that that's the reason for refusal and may be worth checking there wasn't another problem.

Hydra

Recently I talked to my superior in the company and she said that my immigration process has been denied due to a problem with the wages. She didn't said anything else. So I tried to contact the Immigration Consultant, and that is what she said:

As you can see, it seems that nobody wants to speak about this problem and I don't know what is going on and what to do now...

Even if they know what is the pay rate expected for my future position, the problem here is that maybe my company is not willing to pay what the Government says they have to pay me...

christmasoompa

It is regarding the immigration process - your consultant should know exactly why the application has been denied and able to advise you accordingly. As your authorised representative, they will have received the letter rejecting the application, and should forward you a copy for your info.

My point is that your consultant will have known what the pay should have been to satisfy the HRSDC requirements (the information is freely available to anybody), and if it wasn't enough, should have advised you/your company that it would in all likelihood be rejected. So I can't see how it can be a problem with the pay, as if that was the case the consultant should have picked up on it to start with?

Hydra

You are correct, the Immigration Consultant should answer my questions but she is not.

I don't think so and I'll tell you why. The problem is that my position is very unique in Canada, there is no previous references as for wages or salary, and if they say that there is a problem with the wages, I believe them... And the problem, as I said, I suspect that my company doesn't want to pay so much for me so the problem is between the Government VS my company, and there is nothing I can do, just wait and see what happens. I'm sure the consultant knows these kind of issues because they deal with them everyday, but again, if my company doesn't accept what the Government says, they cannot reach an agreement.

That is a good point, but I believe that they are not going to send me anything, even if I ask for that copy. Of course they are my authorised representative, but is the company who are paying the fees to the Consultant, not me. That is why I think that they want to keep that information between them and they don't want to share it with me...

christmasoompa

What NOC code were you applying under?

Ah, I see. I can understand now, if the company are paying them, then it makes sense that they won't talk to you.