Working on PGWP - question about LMO - Pls advise!!

[katniss]

Hi everyone,

I have been reading through the posts here for quite some time and the "VIP/Senior" members seem to be well-informed on a number of topics. I would appreciate any advice regarding my case:

I am on a PGWP which expires end Feb 2012. I was hired on a Perm Full Time basis in April 2011 and the employer is willing to do the LMO process for me. I will have to file soon (mid November at the latest, I believe; I am in Ontario) but there are a few issues.

1. I have checked the HRSDC website and even called the Service Canada hotline to confirm; both sources say there is no need to prove recruitment efforts for hiring/retaining a worker who is on PGWP. But on and off I have read (on this forum) of cases where LMO is negative as recruitment efforts are not shown. Is it necessary to show these efforts or not?

2. The job I am in has certain "issues" in terms of the wage structure and last week I have received a tentative offer for a better job with a better compensation and prospects for long term growth. I am interested in pursuing this opportunity, especially given that once I get a closed work permit I will be stuck at the employer for 2-3 years. In the meanwhile, I am also applying for PR under the FSW class (with an Arranged Offer) and will be submitting this application by end November 2011.

The current job is NOC 1223; the new one will be an Administrative Coordinator role (what would be the closest NOC?)

Will it be an issue if I accept this new job and then the new employer applies for the LMO? i.e. does the fact that I have spent 6 months at the current job (and will have spent only a couple weeks at the new one when the LMO application is done) have any impact on the outcome? Also, while I am contemplating, if my current employer does the LMO application in the interim (as they are all set to file) and then I switch to the new job, what would be the process for the new LMO?

I would really really appreciate quick responses as time is running out and I want to make the best informed decision... this is, after all, a move that will affect the next few years of my life and career.

Thank you so much!

[Leon]

The new job might be 1221, see http://www5.hrsdc.gc.ca/NOC/English/NOC/2006/Profile.aspx?val=1&val1=1221

They don't have to show recruiting efforts, see http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/intstugrad.shtml

I do not know if it will make a difference if you change jobs now.  I think you should drop by Service Canada and ask them what their opinion is because they are the ones who deal with that (LMO's).

[katniss]

Hi Leon,

Thanks for your prompt response; I will approach Service Canada as you suggested. My current employer will be filing the application next week (they just confirmed this with me); the new job has some other applicants that may be considered along with me. So I am not stopping the current process as I don't know the outcome of the new job yet.

If, however, the new one comes through and I do switch, do you know what the process would be to apply for a new LMO with the new company? How would I address the issue that there will be 2 applications for me, through 2 companies, one after the other?

Thank you!

[Leon]

If, however, the new one comes through and I do switch, do you know what the process would be to apply for a new LMO with the new company? How would I address the issue that there will be 2 applications for me, through 2 companies, one after the other?

I don't think there is a problem having 2 employers apply for your LMO but I think that not showing recruiting efforts to get the LMO will only work for the employer you are currently working for.  You can ask Service Canada about that as well.

[katniss]

Thanks again Leon....so by the same standards, if I stick with the current job for now and get the "closed" work permit, and I want to switch at any point during the next 2-3 years, the next employer will have to prove recruiting efforts, right? Is there anything else the new employer will have to do to switch my permit to their name? (i.e. any fees to be paid/additional processes?)

Thanks!

[Leon]

If you find another job and an employer who is willing to try for the LMO, as far as I know, he just has to advertise the job on the job bank for 2 weeks.  I am not aware of any cost except his time spent filling out forms.  If the LMO is refused, then you just keep working on your current permit.  If the LMO is approved, then you can apply for a new work permit based on it.  Once you get the new work permit, it invalidates your old work permit and you may no longer work for the old employer.

[pavisellakalai]

I am in kind of similar situation. Please let me know after your issue is resolved. I would be more than happy if you can give me a contact id of yours to ask basic doubts. Mine is pavisellakalai @ gmail.com ! thanks ! urgent ! 

[Shikari]

Hey Leon,

Same situation here aswell!!!

Can you please tell me percentage of positive LMO's on PGWP, if employer wants to make me permanent and he tick on that option and the wage rate is also competitive??