LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Dec 20th 2007, 3:44 pm
#1
Just Joined
Thread Starter
Joined: Dec 2007
Posts: 7
LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Hi Guys,
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
- The salary is not of industry average
- A Canadian could do the job
Now the job had been advertised internally and externally (although he didn't provide evidence of internal). It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
- The salary is not of industry average
- A Canadian could do the job
Now the job had been advertised internally and externally (although he didn't provide evidence of internal). It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
Dec 21st 2007, 1:21 am
#2
BE Forum Addict
Joined: May 2006
Location: Lethbridge AB
Posts: 4,250
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Hi There
Here is my take on the situation
On the other hand the company could try to speak to HRDSC and ask them specific - your friend will not be able to do this it would have to be the employer as it is their application.
One thing to note about the salary aspect is that if the company is a large enough company to have bases in different provinces in Canada that HRDSC could get a little confused ie the head office of the employer could be based in Toronto and the job offer be in some tiny town where the salary would not be expected to be as high as in Toronto. As the head office is in Toronto the salary would be low and therefore not meet the criteria.
Hope you understand this
Gaynor
x
Here is my take on the situation
Hi Guys,
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
For an LMO to be postive the employer must have advertised the position nationally across Canada - the time frame of 3 months comes to mind. This is a crucial part of gaining the positive LMO and therefore it must be met by the employer.
- The salary is not of industry average
The salary must be of an equivalent salary that a company would pay a Canadian citizen ie they cannot pay a Canadian Citizen $20 per hour and then a foreign worker higher or lower per hour.
- A Canadian could do the job
We know that a Canadian could do the job but as the employer hasnt obviously advertised the position fully and the salary is not what HRDSC would expect it to be then HRDSC will say that if advertised properly then a Canadian would more than likely apply for the position and get the job - hence no need to employ a foreign worker.
Now the job had been advertised internally and externally (although he didn't provide evidence of internal).
As far as I am aware an employer has to produce evidence of advertising and also interviews etc of unsuccesful people.
It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
For an LMO to be postive the employer must have advertised the position nationally across Canada - the time frame of 3 months comes to mind. This is a crucial part of gaining the positive LMO and therefore it must be met by the employer.
- The salary is not of industry average
The salary must be of an equivalent salary that a company would pay a Canadian citizen ie they cannot pay a Canadian Citizen $20 per hour and then a foreign worker higher or lower per hour.
- A Canadian could do the job
We know that a Canadian could do the job but as the employer hasnt obviously advertised the position fully and the salary is not what HRDSC would expect it to be then HRDSC will say that if advertised properly then a Canadian would more than likely apply for the position and get the job - hence no need to employ a foreign worker.
Now the job had been advertised internally and externally (although he didn't provide evidence of internal).
As far as I am aware an employer has to produce evidence of advertising and also interviews etc of unsuccesful people.
It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
One thing to note about the salary aspect is that if the company is a large enough company to have bases in different provinces in Canada that HRDSC could get a little confused ie the head office of the employer could be based in Toronto and the job offer be in some tiny town where the salary would not be expected to be as high as in Toronto. As the head office is in Toronto the salary would be low and therefore not meet the criteria.
Hope you understand this
Gaynor
x
Dec 21st 2007, 1:28 am
#3
Born again atheist
Joined: Jul 2005
Location: Europe (to be specified).
Posts: 30,259
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
He applied for an LMO and received a refusal back based on the following points:
He? Are you sure? The employer has to do that.
He? Are you sure? The employer has to do that.
Dec 21st 2007, 6:04 am
#4
Forum Regular
Joined: Oct 2007
Location: Calgary, Alberta
Posts: 33
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Hi Guys,
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
- The salary is not of industry average
- A Canadian could do the job
Now the job had been advertised internally and externally (although he didn't provide evidence of internal). It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
- The salary is not of industry average
- A Canadian could do the job
Now the job had been advertised internally and externally (although he didn't provide evidence of internal). It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
They need to ADVERTISE, ADVERTISE, ADVERTISE and pretty much beg HRSDC to let him stay in the form of evidence. It's all down to his employers now. If they aren't willing to a)raise the wage, or b) advertise more and for longer then he doesn't have much of a chance.
Dec 21st 2007, 10:58 pm
#5
Bring on the snow!
Joined: Jan 2006
Location: Chicago, IL
Posts: 1,420
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Hi Guys,
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
- The salary is not of industry average
- A Canadian could do the job
Now the job had been advertised internally and externally (although he didn't provide evidence of internal). It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
My friend has been working as a Customer Service Rep for the last 6 months, and his bunac visa is running out at the end of Jan. The company really wants to keep him on and get a temp visa for 2 years. He applied for an LMO and received a refusal back based on the following points:
- Not enough advertising of the position
- The salary is not of industry average
- A Canadian could do the job
Now the job had been advertised internally and externally (although he didn't provide evidence of internal). It is for a very large company who has a set salary structure. The third point is not really relevant if you cannot get a competent Canadian.
The job is also a 12pm - 8pm shift which is harder to fill. He doesn't have any relevant job experience previously before starting the job.
Does anyone know how the system works and has got any advice as to how to convince them with a 2nd application?
Thanks in advance!
A Customer Service rep isn't really a skilled occupation, so you're going to struggle. Which province / city?
Dec 22nd 2007, 6:07 am
#6
Joined: May 2004
Posts: 8,984
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Company's salary structure is irrelevant. There are many small and large companies who try to exploit foreign workers at the expense of Canadians being refused job or training. What counts is the going salary for the same position in the same area - advertised nationwide for at least 3 months salary (as well as in job offer letter) must be in the average to above average going rate, it cannot be below average.
It is very relevant as rules state that LMO can be granted only when employer proves that regardless extensive advertising and recruiting effort no Canadian was found to do the job or be trained to do the job.
Customers service rep is not a skilled job as Rob_999 already stated and only very limited number of occupations in skills level other than 0, A or B and only in few Provinces have any chance for LMO.
It is irrelevant to LMO application.
Customers service rep is not a skilled job as Rob_999 already stated and only very limited number of occupations in skills level other than 0, A or B and only in few Provinces have any chance for LMO.
It is irrelevant to LMO application.
Dec 29th 2007, 11:56 pm
#7
Just Joined
Thread Starter
Joined: Dec 2007
Posts: 7
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Yes his application is through his employer and it is in Toronto.
When you say the employer could ask them specific what exactly would that entail?
Dec 30th 2007, 2:03 pm
#8
Retired
Joined: Apr 2004
Posts: 34,649
Re: LMO Refusal with 3 Reasons - Expert Advice Needed!!!
Employer might need professional assistance.
