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Apply for LMO while employee is in Canada as visitor?

Discussion in 'Foreign Workers' started by kodiak77, Mar 13, 2013.

  1. I am in Canada as a visitor. While i've been here I found (by chance) a firm interested in hiring me and getting a work permit for me. They have started the process for an LMO by posting an add for the position online and have asked me to officially apply. My question is, can an employer apply for an LMO for a foreign worker while that person is in Canada as a vistor? am I allowed to officially apply?

    I understand that if the LMO is approved I would have to leave Canada and apply for the work permit at a port of entry (i am visa exempt)

    Thank you for any help, i would hate to go ahead with the process to later be denied a work permit because they applied for an LMO in my behalf while i am in Canada.

    Thank you
  2. Hi,

    I was in the same situation. It is legal. You can apply for the job while on visitor visa and the employer can then go ahead and apply for your LMO. In the LMO application, your employer would just have to prove that you are the most elligible person (based you education and experience) for the job among all the people who applied, especially Canadian Citizens.
  3. Thank you!
    So, you eventually got your work permit without issues?
  4. Yes, I am from a non-exempt country. SO after LMO, my work permit application was done. Recvd the positive note and visa from the LA consulate which i took to the border and got my work permit.
  5. Make sure your position doesn't need a medical. If you require one, you can't do the work permit at POE. Most positions don't :)
  6. Hi,

    Since you're from visa exempt country you can get you're work permit on the border with LMO and other documents required then pay $150 fee.

    Good luck :)

  7. Hi, can you guide me on the process that u did? Im planning to apply my wife for a visitor visa and try to search for a job there. Where does she need to exit? How long is the processing of the work permit? Thanks
  8. Kodiak77/ashu1406

    you both are very lucky even i plan to apply for a TWP and evantually file PR however i am still stuck with few questions. going to canada on visitors visa and later getting onto TWp sounds like a plan, how much is success rate of such cases. i have below questions plz help me

    *)I understand we MUST have a job offer to apply for TWP : Does this job offer has to be related to NOC list? or it can be from ANY employer?
    *)Does my employer HAS to file for LMO or its excepted
    *)How difficult/easy to get a positive LMO?
    *)Is there a quota for TWP?
    *)What is the max duration that one can be on TWP
    *)can i bring my spouse/children along with me while i am on TWP?
    *)once on TWP can i apply for PR? if so under which program?

    thank you
  9. 1) For a closed work permit, yes, you must have a job offer and LMO. An open work permit doesn't require either, but it is only available in special situations, such as a post graduate work permit for a student graduating a qualifying university or a foreign spouse of a Canadian citizen or PR that meets certain requirements. (My list is not all inclusive.)

    - All jobs are on the NOC list

    - Some employers cannot get LMOs. Stripclubs are the first to jump to mind. (Hope that makes you giggle, but it's seriously the only one I can recall! Shows where my mind is :p)

    2) LMO are exempt in only a few cases. See here: http://www.cic.gc.ca/english/work/apply-who-permit.asp Americans and Mexicans are also covered under NAFTA (North American Free Trade Agreement - which is why it only applies to Americans and Mexicans - the only other N. A. countries) and can apply for a work permit without a LMO.

    3) It depends on the job and the amount of qualified candidates in the area. I. E., Toronto has a high saturation of bankers and IT professionals, so getting a LMO for either position in Toronto would be practically impossible. On the other hand, getting a LMO for a live-in caregiver is routine and fairly easy in most of Canada. Remote locations, especially in the far north, ca get LMOs for jobs employers cannot get in the cities because there are fewer workers and fewer people willing to relocate that far north for work.

    4) Officially, I believe the government has "goals." Unofficially, they may have set quotas, but this isn't shared with the public.

    5) I believe it's 4 years. I may be wrong, but that's the number that I'm thinking and finding when I google.

    6) It depends on your NOC code and/or the passports your family holds. If your NOC code is A, B, or O, your spouse can get an open work permit and apply for study permits for your children. If your family is visa exempt, it's very likely they would be allowed to stay with you in Canada regardless of NOC code. If your family requires TRV and your NOC code is C or D, you can try for the TRV - but it's usually in futility.

    7) It depends on your NOC code, job title/description, and province. Canadian Experience Class (CEC) and Provincial Nominee Programs (PNP) both have options for TFW to convert their experience into a PR visa, but you must meet requirements. PNP varies by province so there is no point in explaining it here. Google each province to have a look. Generally, NOC codes must be A, B, or 0, but some NOC C have opened up in semi-skilled/trades (i. e., welder, pipefitter). NOC D jobs rarely have any ability for PR.

    Just so you're away, finding an employer willing to do a LMO is very difficult. A lot of people have your plan. A lot of people go home empty handed after six months. Some do succeed, but they are the exception, not the rule. Personally, I have been in Canada as a visitor for 20 months now. I have applied for many jobs and never found 1 willing to apply for a LMO for me despite qualifying as NOC 0. I have even applied for lower jobs and been refused routinely.

    A LMO takes 3-4 weeks to process in most cases. If it is approved and you don't require a medical, you can apply for the WP at the US border (but you can't enter the US without a valid visa unless you're exempt). You would tell the Border Patrol you wish to flagpole to get a work permit and they will give you an administrative refusal to the US and escort you back to Canada.

    Rather than go to CIC, go to HRSDC. They actually do LMOs, not CIC. Here is a page I found interesting: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/stats/index.shtml
  10. Amikety,

    You are a wealth of information i dont know how do you manage to get so deep intho all this. one day i see doing it for many others :) Thanks much i know success rates are very few. let's see how it goes for me. i am not willing to travell on visitors visa and expect to get LMO. i see you have mentioned of occupation to be one of N,C,O catagory. lets see where do i fit before i ask someone to do LMO for me,
    thanks again
  11. I'm very bored because I can't find a job.

    Which is strange because a man just emailed me about a job!

    What are your skills/education?
  12. I am sure you must be making some money to survive atleast,
    Good luck Pal you may get a good job soon.
    currently based in India, i have 9 years of exp,starting with current to oldest, 2 years as quality specialist(doing quality audits of call), 1 year as HR specialist(worked as front desk manager,hr coordinator and IT consultant) at a motel in USA, 3 years in call center operation workforce management, and 2 years as tech support.
    except 1 year in USA rest all time i was in India.
    i have MS in Information systems from Stratford Uni, VA, USA, i also have PG Diploma in HR from a Uni in Ind and a Bachelors degree in comemrce from Ind.

    what about you?
  13. Those are two very difficult fields to get hired into. Most places are saturated with IT workers. HR requires very specific requirements to break into. My enrollment counselor at Athabasca University told me not to even bother!

    My husband is Canadian and supports us. I'm doing university online through the USA B. S. Business Management. I've worked as a retail/restaurant manager and supervisor most of my adult life.
  14. Yeah i have already had my bad luck play that role. when i was in USA i had applied for H1B1 based all these exp (except the current exp) nad i was rejected. i fear the same may happen if i go TWP way, and that is why i am trying my best to find out more info and some sort of assistance from good hearted ppl like you, to know insight of system and see if i can fit somewhere. Recently i got my self evaluated for Quebec Skilled Migration and i have got positive reply, before i go throgu that route i want to do my homework and so all these came up.

    i have few people who may help me get a job but not in IT, may be in motel, butu not sure how smartly someone can help me put my case in such a way that i get positive LMO,

    Woow good for you atleast one of you folks are in better position, i will pray for you to get a good job soon
  15. Just so you know, if your education and experience don't match the job, CIC won't give work permits. So the hotel idea is nice, but for what CIC is looking for (because hotel jobs sometimes qualify for CEC and PNP) they are looking for people with education and experience in hotels. Not to say it can't happen, but I would list the possibility as low.

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