nilzor

Hi,

we just applied for a LMO in NOC A. Previously we applied for a similar position in NOC B, but it got rejected due to minimum advertising requirements.
With a job in a higher NOC category comes a higher minimum wage I guess. How is that determined? It is still an entry position.

Boris-canadabound

Hi, I don't know the answer to your question, but our first LMO was rejected but they just said to advertise for two weeks on the Canadian job bank and then re-apply. The employer complied, re-applied, and then the LMO was granted.

nilzor

yes very similar with mine, but the first LMO was in NOC B category. There you need to advertise on jobbank and on a industry standart wesite or newspaper.
This is really expensive, so we chose to change the jobtitle to something in NOC A.
Like yours, we need to advertise for 2 weeks on jobbank. Jusy hope now the salary is not to low.

It is higher than the "low" but lower then the "average" according to workingincanada.gc.ca

Boris-canadabound

Oh I see - well good luck - hope it gets a positive for you.

YYZlover

I'm tagging on to this. HRSDC has asked employer to put down a minimum wage for me that is higher than average (only by a few cents) and twice as high as the lower end.

I've provided the info to the employer on what the wage span is on such a job.

If the wages are within the stated range why would they reject? They've given us until monday to get this fixed.

helcat12

1) They are getting more strict about LMO requirements anyway.
2) It has probably made them suspicious that you job was applied for as a Cat A and failed so now all of a sudden it is a Cat B. They do cross-reference applications, you know!

The point is, HRSDC is there to ensure Canadians get the jobs, unless there really aren't any that can do it.
The NOC categories aren't just numbers, either. The job description is detailed and the duties are clear - if your job was one NOC code before, you can't just choose to call it something else just because it suits you. You and your company seem to be fine about moving the goalposts re- NOC category to save money on advertising and get the LMO through. HRSDC have now moved the goalposts to make it harder for you again. I expect they smell a rat, so to speak.
Probably if you had just done what they asked in the first place and re-advertised it in the correct place for the correct time, they would have approved it by now.

YYZlover

Ok let me correct a few of your errors:

It is NOC A.

The job has been advertised continuously for three months.

HRSDC have not asked to have the job re-advertised.

A Canadian has been hired for the position. The company would like to hire me + 1 more to have 3 people doing this job.

It is a commission based salary which is industry standard for that position, and which I figured HRSDC would raise a few questions about, although I spoke to them BEFORE application was sen in and they said it could or could not be a problem.

HRSDC first asked for a fixed weekly sum which was fine with the boss but they never said he had to fax that in. So when he returned from a business trip abroad the sum had suddenly doubled in comparison to previous demand and is now above HRSDCs calculated "average" for the NOC code.

So why would they first say one number and then come back and move the goal post after it was agreed?

helcat12

I think you are confused about my comments! I was referring to the OP's position, not yours.

YYZlover

You quoted me, that's the confusing bit.

helcat12

My apologies.