1 month short for CEC....LMO help...Thanks!

[immi_info]

I currently have a 1 year Post grad work permit.

My work permit expires in 2 months.

I am looking to apply for LMO to extend my work permit to complete my 52 weeks required for CEC.

My current employer refused to apply for LMO.

I have a job offer from a new employer, does he have to advertise the job before hiring me?

He will hire me once I receive an extension on my work permit (or can convince him to hire asap, although only 2 months left on PGWP).

I know about," Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit."

My confusion/question is:
Is advertising for one month required in this case, where a new employer is willing to hire you?

Thanks in advance!

 

[Hope1957]

You cannot apply for a LMO. Either your existing employer/prospective employer must apply for a LMO. And only after that, can you apply for a new (closed) work permit.
Since you are on a PGWP, an employer (this includes ANY employer in Canada) does not have to show recruitment efforts (which means advertising). It is best that you advise your prospective employer about your situation and inform them that you will require them to submit a LMO for you. If they agree to apply for a LMO, then you will need to wait until you have received a positive decision on your LMO and apply for your new work permit. I am not sure if you can simultaneously apply for a new work permit and a LMO (check with CIC).

Lastly, when do you gain the required work experience for CEC? You might be eligible for a bridiging open work permit, which will solve your work permit issue (check OB 485-A on the CIC website).

 

[immi_info]

Thanks Hope. I appreciate you taking the time to reply.

I am aware that the employer is to apply for LMO. My PGWP expires in 2 mths; however, by then I will still be 1 mth short of being eligible for CEC. Also, I can only apply for BOWP after I receive AOR for CEC, which will not work out for me.

My new employer is totally aware of my situation. I guess my question really was:

Is the new employer exempt from advertising efforts as well or is it only my current employer?

Does the new employer have to hire me(as in have me working and on payroll) to apply for LMO & exemption from advertising? OR Can he apply for me with just the job offer?

I hope I am making sense ???

 

[Hope1957]

Okay makes better sense now!

• You can start working for your new employer immediately, as your PGWP is valid. However, they should apply right away for a LMO because it takes a while to receive it and after that you can apply for your new work permit.
• Your new employer does not have to show recruitment efforts.
  

Thanks Hope. I appreciate you taking the time to reply.

I am aware that the employer is to apply for LMO. My PGWP expires in 2 mths; however, by then I will still be 1 mth short of being eligible for CEC. Also, I can only apply for BOWP after I receive AOR for CEC, which will not work out for me.

My new employer is totally aware of my situation. I guess my question really was:

Is the new employer exempt from advertising efforts as well or is it only my current employer?

Does the new employer have to hire me(as in have me working and on payroll) to apply for LMO? OR Can he apply for me with just the job offer?

I hope I am making sense ???

 

[jes_ON]

Is the new employer exempt from advertising efforts as well or is it only my current employer?
Yes. Show your employer this webpage, in particular the section on advertising:
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml

Does the new employer have to hire me(as in have me working and on payroll) to apply for LMO? No.
OR Can he apply for me with just the job offer? Yes.

Your future employer will also need a photocopy / scan of your current PGWP to include with the LMO application.

On the LMO application, under the Job Offer section –

Q3 – Expected employment duration - It used to be an explicit requirement that the job offer had to be for permanent employment, contingent on you obtaining permanent residence status. The instructions no longer say this, but it would probably be good if this were true.

Q16 – Have you attempted to recruit Canadian citizens/permanent residents for this job? Your employer can answer no, state that they are hiring you as a PGWPP Participant, and submit the copy of the PGWP in lieu of the proof of recruitment (even though the checklist doesn't ask for it).

 

[immi_info]

Thank you very much . This info (very detailed & to the point 8)) is very helpful.

Also, while we are on the subject. I don't think my employer is very sure of what to answer for Q17 to Q19 on the LMO application (small organization, you know how it is)

Its like multiple choice questions that look tricky. I mean which one is beneficial to the application and in the description what are they expecting?

Any suggestions would be great!

I will post what I think should be the answers to those later (i.e. with my limited knowledge about this)

 

[immi_info]

"Not related to the above quote"

As per the following by CIC:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=701&t=17

I have applied for a Labour Market Opinion or Certificat d’acceptation du Québec but I have not received it yet. My work permit is about to expire. What should I do?

You can only submit your application without a Labour Market Opinion (LMO) or Certificat d’acceptation du Québec (CAQ) if your work permit expires within 2 weeks. You must include proof that the LMO/CAQ request was made.

You must:

include a copy of the application sent to Employment and Social Development Canada/Immigration Québec, or
include a copy of the receipt confirmation number, if the request was done online, or
indicate, in the section Details of Intended Work in Canada of the work permit application:
the date the LMO/CAQ request was sent,
the office it was sent to,
the employer’s name, and
the confirmation number for the submission, if available.
You must contact our Call Centre with the LMO/CAQ confirmation number within 2 months of the date your application was received; otherwise your application could be refused.

Note: If you are waiting for your CAQ, you cannot submit your application online. You must submit a paper application.

Does this mean your application will be held for 2 months to see whether you receive a positive LMO? If LMO is not processed within this time frame, the application is denied?

 

[jes_ON]

Does this mean your application will be held for 2 months to see whether you receive a positive LMO? If LMO is not processed within this time frame, the application is denied?

Haven't heard of any cases where the two months came and went without the LMO decision, I suppose it is possible. I think when CIC is waiting for an answer the LMO may be prioritized, but I don't think they can say that.

If you are getting close to the end of the 2 months, your employer can contact ESDC for an update, they may be able to verbally give the confirmation number, which you can then provide to CIC.