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advertising position on Jobbank for LMO

jes_ON

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Hi all - it's unfortunately time for me to prod my employer to get a new LMO, which as you all know starts with advertising the position and trying to replace me with a Canadian. One of the advertising requirements (Skill Level A) is that it must be posted on jobbank.gc.ca for at least 2 weeks.

Since my work permit expires Jan 31, 2011, we want to list the "start date" for the position as February 1, 2011. We're already a little behind in the process, since CIC recommends that you apply for the LMO about 4 months before the expiration of the work permit.

Here's a new Catch-22 - jobbank is refusing to post an add with a start date more than 3 months in the future. :)

Did not have this problem last year (yes, had to do this last year too).

The only solution I can think of is to change the start date (make it sooner), though I'm not sure if there are any legal implications.

I'm not really sure there's a question here - certainly a gripe about one hand of the GOC not knowing what the other is doing... anyone else have this issue?
 

rjessome

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Hi jes,

Service Canada had to change this to prevent employers from advertising jobs that are not yet available/real, getting LMOs and hiring foreign workers with no jobs available to them. It was just another dirty way employers/people found to scam TFWs. You can leave the start date at the default setting and then in the area where you can add more information, write "Job starts February 1, 2011." Or, you can wait until the beginning of November to start the LMO process.
 

jes_ON

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It's obviously not tough to "work around," and we have a link to a more complete job description. It's just one of those crazy gaps in logic, since a TFW could not possibly start work within 3 months of the application closing date, more like 4-6 months... perhaps that's more the point, that you shouldn't PLAN to hire a foreign worker.

And no, can't wait until November to advertise the job - need to have the LMO application submitted yesterday :) As it is, I'm worried that I won't get the LMO in time to apply thru Vegreville, I'll probably be making a run to the border. (I'm normally more laid back, but this is really stressful for me. It's not out of the realm of possibility that a qualified Canadian could apply...).
 

rjessome

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jes_ON said:
It's obviously not tough to "work around," and we have a link to a more complete job description. It's just one of those crazy gaps in logic, since a TFW could not possibly start work within 3 months of the application closing date, more like 4-6 months... perhaps that's more the point, that you shouldn't PLAN to hire a foreign worker.

And no, can't wait until November to advertise the job - need to have the LMO application submitted yesterday :) As it is, I'm worried that I won't get the LMO in time to apply thru Vegreville, I'll probably be making a run to the border. (I'm normally more laid back, but this is really stressful for me. It's not out of the realm of possibility that a qualified Canadian could apply...).
Where are you? Are LMO applications taking a long time in your province? BC is taking 3 to 4 weeks and Alberta is taking 6 to 8. If the LMO is successful you can apply for the WP to CPC-V and work on implied status. But you know that. :)
 

jes_ON

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Let's see... one month recruiting process puts us into November... LMO application (Ontario) another 4-8 weeks - lands me right in the middle of everyone's holiday vacations in December, and processing could grind to a halt. There is also the (unlikely) chance that HRSDC requests something additional or even rejects the application, which puts me uncomfortably close to the WP expiration...

And yes, I understand about "implied status" but I really don't want to go there - just the idea of not being able to cross the border without losing the status - as if family emergencies aren't bad enough without adding instant unemployment to the mix. Yeah I know, there are solutions there too, but just don't want to be in that position.
 

oilsand

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jes_ON said:
Since my work permit expires Jan 31, 2011, we want to list the "start date" for the position as February 1, 2011. We're already a little behind in the process, since CIC recommends that you apply for the LMO about 4 months before the expiration of the work permit.

Here's a new Catch-22 - jobbank is refusing to post an add with a start date more than 3 months in the future. :)

Did not have this problem last year (yes, had to do this last year too).

The only solution I can think of is to change the start date (make it sooner), though I'm not sure if there are any legal implications.

I'm not really sure there's a question here - certainly a gripe about one hand of the GOC not knowing what the other is doing... anyone else have this issue?
Hi jes, my WP is expiring on the same date and my company is planning to start the LMO by next month, can you give me link where to the recommendations by CIC as when to apply for an LMO?


I'm quite worried as the processing times for new LMOs have increased here in AB which IS 6-8 weeks.
 

jes_ON

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oilsand said:
Hi jes, my WP is expiring on the same date and my company is planning to start the LMO by next month, can you give me link where to the recommendations by CIC as when to apply for an LMO?


I'm quite worried as the processing times for new LMOs have increased here in AB which IS 6-8 weeks.
Hi oilsand, don't let me stress you out :) I just have a low tolerance for living on the edge of legal. I also have a great job that I don't want to lose, in a great place without many other employment options, and a Canadian partner (no we do not yet qualify for family class). If I were an optimist, I'd bet on getting my PR approved before then, but there's too much at stake if it doesn't happen ...

At the moment, I can't seem to find where they recommend starting 4 months in advance - I'll keep looking, but that may be under revision.

Here's the link regarding the advertising requirements for the LMO.
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

Hopefully, by "starting the LMO process next month" you mean that the company will have the recruiting process completed, and be ready to submit the LMO application next month. If that is not the case, you might want to bring the advertising requirements to their attention...
 

oilsand

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jes_ON said:
Hi oilsand, don't let me stress you out :) I just have a low tolerance for living on the edge of legal. I also have a great job that I don't want to lose, in a great place without many other employment options, and a Canadian partner (no we do not yet qualify for family class). If I were an optimist, I'd bet on getting my PR approved before then, but there's too much at stake if it doesn't happen ...

At the moment, I can't seem to find where they recommend starting 4 months in advance - I'll keep looking, but that may be under revision.

Here's the link regarding the advertising requirements for the LMO.
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

Hopefully, by "starting the LMO process next month" you mean that the company will have the recruiting process completed, and be ready to submit the LMO application next month. If that is not the case, you might want to bring the advertising requirements to their attention...

Actually Im already on the edge before I read your post, since having a family here I don't want to be in limbo. The long processing times makes me want to push the company to start the ads ASAP.


If the company agrees (hopefully), then I can send my WP-extension by mid December with a copy of the LMO application. Does the HRSDC send any AOR for LMO applications?
 

jes_ON

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oilsand said:
Actually Im already on the edge before I read your post, since having a family here I don't want to be in limbo. The long processing times makes me want to push the company to start the ads ASAP.

If the company agrees (hopefully), then I can send my WP-extension by mid December with a copy of the LMO application. Does the HRSDC send any AOR for LMO applications?
Sorry, this is going to make the edge a little sharper... You can no longer send the WP extension application before you actually receive a positive LMO. This nice little rule change a couple of weeks ago messed up my timeline - at least, it took away the safety net. Then they changed it again, and will allow concurrent processing ONLY if the application is made within 2 weeks of the old TWP expiring... anyway - here's the link... check back often... :)
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob152A.asp
 

oilsand

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jes_ON said:
Sorry, this is going to make the edge a little sharper... You can no longer send the WP extension application before you actually receive a positive LMO. This nice little rule change a couple of weeks ago messed up my timeline - at least, it took away the safety net. Then they changed it again, and will allow concurrent processing ONLY if the application is made within 2 weeks of the old TWP expiring... anyway - here's the link... check back often... :)
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob152A.asp
My employer just started the advertising requirement, just saw in jobbank but quite confuse about the "extra" qualifications/skills required for the job bank. Is the HRSDC going to check whether the employees in the LMO applications have all the required qualification/skills as stated in the ads?
 

jes_ON

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oilsand said:
My employer just started the advertising requirement, just saw in jobbank but quite confuse about the "extra" qualifications/skills required for the job bank. Is the HRSDC going to check whether the employees in the LMO applications have all the required qualification/skills as stated in the ads?
Yes...