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LMO second application after refusal.

LMO second application after refusal.

Old Dec 7th 2012, 4:25 pm
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Default LMO second application after refusal.

Two weeks ago I received the refusal letter on my LMO application. To say this was disappointing and upsetting is a huge understatement.

However some good news. The company who offered me the job are prepared to try again and address the issue why it was refused.

It was refused because the salary offered was under the average for that NOC number (thank you Christmasoompa for that info). They have increased the salary and will include further responsibilities in my job offer for the extra salary. I am more than happy to do this.

The company also want me to be involved in the completing of the LMO application this time to try help reduce any issues. Here is the point of this post.

Would anyone know someone they can recommend to help with such a process? I am willing to pay for this service but would rather use someone who comes recommended.

As always any help and advice greatly received and very much appreciated.

Andy
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Old Dec 7th 2012, 10:39 pm
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Default Re: LMO second application after refusal.

The Employer is responsible for making the application for an LMO not you.
You would only fill in the application for a work permit.
Employer is responsible not you.
http://www.cic.gc.ca/english/work/em...lmo-basics.asp

3. Have the foreign worker complete the work permit application.
You can find information about work permit applications under Working temporarily in Canada. In most cases, foreign workers must apply for a work permit at a Canadian visa office abroad.
The visa office abroad will review the work permit application to see if the worker is eligible to work in Canada.


http://www.cic.gc.ca/english/work/em...s/hire-how.asp

Last edited by Former Lancastrian; Dec 7th 2012 at 10:42 pm.
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Old Dec 8th 2012, 1:21 am
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Default Re: LMO second application after refusal.

Thank you for the reply,

Sorry i didn't explain it correctly. The company are completing the paperwork the involvement with me was them asking if i know anyone they could ask or use to help with the procedure to try reduce the second attempt being a refusal also.

Regarding the work permit. I was planning on getting the work permit at the port of entry in Ottawa if the LMO was successful.
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Old Dec 8th 2012, 1:34 am
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Default Re: LMO second application after refusal.

We had 2 applications rejected before the succesful 3rd. Helps to have a bloody-minded prospective employer! Good luck.
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Old Dec 8th 2012, 1:29 pm
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Default Re: LMO second application after refusal.

Are they sure the salary was the only thing wrong with the offer? As we have had 2 LMO's (for 2 different companies) and both times the salary was wrong on the application but the HRSDC just called the employer and said the average is $$$ are you willing to increase your offer to this? Each time employer said yes and LMO was granted the next day.
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Old Dec 8th 2012, 1:33 pm
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Default Re: LMO second application after refusal.

Hi Biddyk8,

I didn't think we could appeal it? On the refusal letter it only mentions the salary as the reason it was refused.

The company was going to start from scratch again and have already re listed the job at the new salary.

Think its worth a phone call to ask that?

Andy
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Old Dec 8th 2012, 1:36 pm
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Default Re: LMO second application after refusal.

I don't mean appeal it. In our case when they called to check the LMO was still required and the details etc, they mentioned the salary and asked the employer about increasing it. Was never refused at all.

Once its been refused your right as far as I know it has to be a new application.
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Old Dec 8th 2012, 1:40 pm
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Default Re: LMO second application after refusal.

Ah ok, I was thinking there was a chance a phone call might have changed it then. just wishful thinking on my part

The letter the company sent me does say refusal on the top and it only mentions salary being the reason. They can reapply on 18th Dec once the job has been advertised on the various places again. I so hope this one works. nearly 2 years of trying.
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Old Dec 10th 2012, 2:53 am
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Default Re: LMO second application after refusal.

Our LMO was initially refused. Reason: no labour shortage, which was just semi true. No labour shortage in OH's profession but the employer needed extra skills that they hadn't explained properly in the application. They asked OH then to help and he more or less filled the second application in and it got approved.

Just read through the application, make sure the salary is right, the union, if there is one, has been involved and has written a letter to approve a foreign worker, the advertisement times etc. have been met(as they've done it before I guess they know how long and where to advertise again).

Best is to write a cover letter explaining how many Canadians, PRs actually applied for the job, how many got asked to come for an interview and why they weren't suitable and why you were the only one suitable. I think that helped in our case.

Don't mention that the employer will support PR as you are applying as a Temporary foreign worker and HRSDC doesn't like that people apply for an LMO already knowing they'll go for PR.

Any more questions just ask or PM.

Good luck!
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