Got refused with positive LMO???

[noobmoon]

Dear forum members,

I applied for FSW 3 months ago. I just received mail from CIC that I am not eligible for FSW due to the fact that the duration period for my work wasn't permanent.
In the LMO the duration of the work period is stated as 24 months? Is this the problem?
Is there a chance to complain, coz the company offered me a job, offered it as a permanent job offer.

Also in the mail CIC stated they they will return my cheque back? So the money I send for processing will be returned to me?

Anyway, my LMO is valid till 31th of December 2013.
Whats my options?
Can I apply for temporary worker visa?
I am so sad. I plan everything and now this ((((((((((((

 

[loncan]

That's not nice - sorry to hear.
You should apply for a Temporary Work Permit, and then go for Canadian Experience Class afterwards.
Make sure you show some kind of ties to your home - i.e. if the TWP expired and CEC not forthcoming you would actually return home.

 

[noobmoon]

Would I have enough time to apply for temporary visa because my LMO is expiring in 31th of December.
I guess I have to check the requirements for temporary visa.

 

[loncan]

Yes I think it could work - just - the worst they can do is to say no.
Maybe try to do an online submission (assuming the system asks for the right paperwork!).
The other option is of course to turn up at the airport with your paperwork to get the TWP. The risk is they turn you back (which stays on record no doubt), so you'd be wise to read up on that before attempting.

I wish you success.

 

[Pippin]

If you are from a non visa exempt country you can't hope to get a Work permit at the POE. Regarding the expiry date of LMO, as long as the application is received before expiry you are fine. Sorry about the disappointment and good luck making it this time.

 

[canadavisa13]

hi sorry to hear that your application was not considered eligible to be processed as a FSW applicant.
if the employer didn't gave you a job offer letter which states that you will be given aERMANENT FULL TIME position after you become a permanent resident of canada (called arranged employment) then for sure it will be rejected even the LMO is approved for 24 months.
i would suggest you get that fixed from your employer and reapply again.also you can use the same LMO to apply for a temporary work permit,if you are from a visa exempt country you can travel to canada with your LMO and job offer letter,you will be asked to pay 150$ fees and issued a work permit at the port of entry.
if you require a visa to enter canada then you will have to send a paper application to the canadian visa office or an online application if its available to you since it will be processed faster.
the most important thing is to make sure that your application will be received at the visa office before the expiry date of your LMO for either permanent residence and/or work permit,elsewhere your application will be rejected again.
good luck

 

[SenoritaBella]

I think it's a bit of a catch 22 really. My understanding is Service Canada does not issue "permanent" LMOs. They always have a time period and the employer can re-apply/renew. You may want to find out more about this from service Canada. If you can get something from them in writing and your employment letter and status at work is "permanent", you could ask for reconsideration.

 

[PMM]

Hi

I think it's a bit of a catch 22 really. My understanding is Service Canada does not issue "permanent" LMOs. They always have a time period and the employer can re-apply/renew. You may want to find out more about this from service Canada. If you can get something from them in writing and your employment letter and status at work is "permanent", you could ask for reconsideration.

Yes they do. The AEO no longer exists, for FSW2 you require an LMO for a permanent position the same LMO can be used for a TWP. See: http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/arranged_offer/index.shtml

 

[noobmoon]

hi sorry to hear that your application was not considered eligible to be processed as a FSW applicant.
if the employer didn't gave you a job offer letter which states that you will be given aERMANENT FULL TIME position after you become a permanent resident of canada (called arranged employment) then for sure it will be rejected even the LMO is approved for 24 months.
i would suggest you get that fixed from your employer and reapply again.also you can use the same LMO to apply for a temporary work permit,if you are from a visa exempt country you can travel to canada with your LMO and job offer letter,you will be asked to pay 150$ fees and issued a work permit at the port of entry.
if you require a visa to enter canada then you will have to send a paper application to the canadian visa office or an online application if its available to you since it will be processed faster.
the most important thing is to make sure that your application will be received at the visa office before the expiry date of your LMO for either permanent residence and/or work permit,elsewhere your application will be rejected again.
good luck

That's the strange thing. I have job offer signed from my employer that as since as I got the FSW visa I will have permanent offer of employment.
They applied for LMO and together with this things I applied. I had over 5 years of working experience + a good IELTS result.
I was 100% sure I am gonna get the visa.
This was real shock for me.
Is there I chance I complain with the basis that the job offer that I send to CIC clearly states that the job offer is permanent?

 

[noobmoon]

I think it's a bit of a catch 22 really. My understanding is Service Canada does not issue "permanent" LMOs. They always have a time period and the employer can re-apply/renew. You may want to find out more about this from service Canada. If you can get something from them in writing and your employment letter and status at work is "permanent", you could ask for reconsideration.

I can ask my employer to get an explanation from LMO.
What is the procedure for reconsideration?

 

[noobmoon]

Hi


Yes they do. The AEO no longer exists, for FSW2 you require an LMO for a permanent position the same LMO can be used for a TWP. See: http://www.hrsdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/arranged_offer/index.shtml

You are saying that there are two types of LMO.
One for permanent job offer and another for temporary job offer?
If this is correct, because in my LMO it states that the duration of the employment is 24 month this is LMO for temporary visa?
If all of the above is true can I assume that the employer made a mistake when he apply for LMO???

 

[noobmoon]

As I understand from the above posts:

My only option is to apply for temporary visa.
I come from a country that need visa to enter Canada so I need to file a temporary visa request.
Another option is for the employer to apply for new LMO (2 months) then I need to apply for FSW (6- how mu9 month), which I think is not possible since the employer has already wait for me 9 months, another year I don't believe he will want to wait.

If I choose to apply for temporary visa, can I bring my family with me?
And how much it will cost me, since I spend a lot for FSW visa.
Thanks.

 

[loncan]

You are saying that there are two types of LMO.
One for permanent job offer and another for temporary job offer?
If this is correct, because in my LMO it states that the duration of the employment is 24 month this is LMO for temporary visa?
If all of the above is true can I assume that the employer made a mistake when he apply for LMO???

It might help you to know that when an LMO is applied for, the form asks if it is for temporary or to support the FSWP - see link here:
http://www.servicecanada.gc.ca/eforms/forms/hrsdc-emp5517(2013-07-008)e.pdf

Perhaps your employer might be happy to apply for an LMO for permanent purposes once you've sorted out a temporary visa / work permit, since they can see you are coming - i.e. they are not wasting their time/money.
Others will be able to advise the exact cost, but I know it is $550 for a family of 4 from a visa-waiver country, so you're probably talking something in the $600-700 mark.

 

[noobmoon]

Thanks for the answer loncan

As I see now, clearly I can assume that my employer made mistake when applying for LMO.

 

[noobmoon]

My job offer is valid till 31 December.
Can I apply for temporary work visa in the beginning of December or do I need to ask my employer for new job offer with validity dates in the future (Apr/May 2014).
Would it be problem to get temporary work visa if my application is received hypothetically by the CIC on 5th of December and my LMO is valid till 31 December and my job offer till 31 December.