LMO Refusal

Old Apr 30th 2011, 3:08 pm
  #1  
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Default LMO Refusal

Hello,

I'm wondering if anyone can offer some advice: I've been working as a Research Assistant in BC for the past year under an Open Work Permit that expired April 29, 2011. Having to extend my visa, my employer submitted a LMO that has been refused on the grounds that my job requirements are not consistent with the National Occupational Classification (NOC). The problem is that, according to NOC, it is a job requirement for a Research Assistant to be enrolled in an educational course. For the medical research institute at which I work, this is not a job requirement and all Research Assistants are employed full-time. My employer and I are trying to find a different NOC that may apply to the work I do, but no other category seems to describe my role as well as the Research Assistant description. We plan to seek legal advice. Does anyone out there have any experience of this? Any help would be much appreciated! Thanks in advance.
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Old May 1st 2011, 12:09 am
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Default Re: LMO Refusal

Originally Posted by Invan
Hello,

I'm wondering if anyone can offer some advice: I've been working as a Research Assistant in BC for the past year under an Open Work Permit that expired April 29, 2011. Having to extend my visa, my employer submitted a LMO that has been refused on the grounds that my job requirements are not consistent with the National Occupational Classification (NOC). The problem is that, according to NOC, it is a job requirement for a Research Assistant to be enrolled in an educational course. For the medical research institute at which I work, this is not a job requirement and all Research Assistants are employed full-time. My employer and I are trying to find a different NOC that may apply to the work I do, but no other category seems to describe my role as well as the Research Assistant description. We plan to seek legal advice. Does anyone out there have any experience of this? Any help would be much appreciated! Thanks in advance.
Would this one not work - http://www5.hrsdc.gc.ca/noc/english/...arch+assistant - it lists research assistants (non university) in the list of job titles it covers?
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Old May 1st 2011, 9:22 am
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Default Re: LMO Refusal

Many thanks AmyDavid! I can look into this with my employer and talk with Service Canada on Monday. Thanks again.
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Old May 3rd 2011, 5:21 am
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Default Re: LMO Refusal

Hello,

I've now spoke with Service Canada & they've asked my employer to submit a Reconsideration Letter that they tell us will probably be refused. An Immigration Official told me that if I submit a LMO appeal before they begin processing my work visa, I will be able to work legally with Implied Status - has this happened to anyone else? Is it possible to ask Immigration to postpone the processing?

They have also asked us to readvertise the position for 14 days with different job specifications, before submitting proof. If I submit this proof as an entirely new application, would my work visa application be refused?

Could anyone recommend a good Immigration lawyer? I think it might be for the best...
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