Giving up LMO to get BOWP

[Hope1957]

jes_ON,

Since the applicant was on a PGWP, the employer did not have to show recruitment efforts. Having said that, I think ESDC is still entitled to reject an application on the same basis because there's nothing that clearly states that ESDC can overlook that criteria. don't you think so?

True enough, if you're visa-exempt, you can leave, and when you come back you can stay for up to 6 months as a visitor. You'll lose "implied status" as soon as you leave, but you'll lose it soon enough anyway..

Just be sure to update CIC with your change of address...

 

[jes_ON]

Since the applicant was on a PGWP, the employer did not have to show recruitment efforts. Having said that, I think ESDC is still entitled to reject an application on the same basis because there's nothing that clearly states that ESDC can overlook that criteria. don't you think so?

I think it is quite clearly stated that when applying to hire a PGWP holder, then employers don't have to prove they tried to hire a Canadian (the stated reason for refusal). Couldn't be any clearer. But a lot of employers (and PGWP holders don't know this). And what is NOT clearly stated is how to complete the LMO application in that case. It seems they do a good job of making that information obscure, so that errors in completing the application are the real reason for refusal. (Like trying to apply for the BOWP, the information is separate from the application form and instructions).

But yes, the LMO could be refused for other reasons (e.g. not meeting wage requirements, past non-compliance, moratorium on certain occupations like food service), those requirements must be met. (But these were not the stated reasons in this case).

 

[Sahiba chass]

@jes_ON:

I am in a similar situation as you are as I am on a PGWP which will expire in July. My boss has applied for LMO in mid of may. I have to send a paper application to CIC by the end of June. Can you please guide me what I should be doing?

 

[rajjj]

I think it is quite clearly stated that when applying to hire a PGWP holder, then employers don't have to prove they tried to hire a Canadian (the stated reason for refusal). Couldn't be any clearer. But a lot of employers (and PGWP holders don't know this). And what is NOT clearly stated is how to complete the LMO application in that case. It seems they do a good job of making that information obscure, so that errors in completing the application are the real reason for refusal. (Like trying to apply for the BOWP, the information is separate from the application form and instructions).

But yes, the LMO could be refused for other reasons (e.g. not meeting wage requirements, past non-compliance, moratorium on certain occupations like food service), those requirements must be met. (But these were not the stated reasons in this case).

Yes I also agreed with you pgwp holder not need any advertisement if Appling lmo with same employer

 

[jes_ON]

I am in a similar situation as you are as I am on a PGWP which will expire in July. My boss has applied for LMO in mid of may. I have to send a paper application to CIC by the end of June. Can you please guide me what I should be doing?

You need to be sure that your employer filled out the LMO application correctly so that you can be reasonably sure that the LMO will be approved. Do you have a copy of the application? For example, did your employer include a copy of of your PGWP with the application? If not, perhaps it's not too late to add it to the LMO application ...

If you don't get a response on the LMO application before your PGWP expires, you still can apply to extend your work permit. To continue working on implied status, you MUST submit your work permit application before the current one expires. If the LMO application is still pending, you're allowed to submit the work permit extension within the last 2 weeks before your current permit expires...

 

[928029]

I think it is quite clearly stated that when applying to hire a PGWP holder, then employers don't have to prove they tried to hire a Canadian (the stated reason for refusal). Couldn't be any clearer. But a lot of employers (and PGWP holders don't know this). And what is NOT clearly stated is how to complete the LMO application in that case. It seems they do a good job of making that information obscure, so that errors in completing the application are the real reason for refusal. (Like trying to apply for the BOWP, the information is separate from the application form and instructions).

But yes, the LMO could be refused for other reasons (e.g. not meeting wage requirements, past non-compliance, moratorium on certain occupations like food service), those requirements must be met. (But these were not the stated reasons in this case).

I believe my previous employer did not complete in the application properly (and I'm not surprised), so re-applying LMO is not an option.

Since I'm still on implied status, if I find a new employer who is willing to apply LMO for me, can I submit another paper application for work permit? if yes, will I still be on implied status even when the first WP application (with old company) is refused?

I am not intended to work until I have my actual WP but I just don't want to be out of status. thanks.

 

[jes_ON]

I believe my previous employer did not complete in the application properly (and I'm not surprised), so re-applying LMO is not an option.
Sorry, not following this - why can't your employer fix the errors and submit a new LMO application? (Moot if you don't want to work there any more).

Since I'm still on implied status, if I find a new employer who is willing to apply LMO for me, can I submit another paper application for work permit? if yes, will I still be on implied status even when the first WP application (with old company) is refused?
You can submit a new WP application, but you 'd have to wait for the LMO (since your current permit has already expired). It's unlikely that the LMO would be processed before your first application is refused, so ...

 

[928029]

^ What will happened if my first application is refused, but the second LMO is not yet processed?
Can I submit paper work permit application like last time, so that I won't be out of status?