Got refused with positive LMO???

[loncan]

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.

In your position I would apply for the temporary work permit/visa without delay, using the LMO that you have. You do not have a 100% guarantee of receiving a second LMO.
Maybe if you can get an additional letter from your employer without too much difficulty, saying that they appreciate the visa process takes time and a start date in Jan/Feb would also be acceptable, then I guess that might also help alleviate your concerns over dates.

Even if you decide you will not submit today, it might be wise to prepare your paperwork today. That way you will know if you are missing any documents etc.

All the best.

 

[Pippin]

Loncan has a good point to use your present LMO. Also, don't forget the LMO rules changed at the end of July and will cost the employer $275 per LMO now UNLESS the LMO is only for a Permanent job offer for FSW, then there are no fees. This indicates to me that the employer is going to make a decision when applying for the LMO that will determine whether or not the employee can apply for a WP and come to work while waiting for FSW approval. Is this how others interpret it??

 

[noobmoon]

Thanks for the answer.

By receiving another letter from my employer you mean plain letter explaining that although in my signed contract they stated that the estimate start date is 1st January 2014 because of the temporary visa process waiting time they will wait me till 1st March 2014.

Or, do I need to ask from them another job contracts. I thing this also wouldn't be a problem. Since I am applying online, I don't need to wait for post, they can scanned it and send it to me.

Thanks

 

[Pippin]

They may wish to word the start date for "as soon as visa is granted" instead of an actual date.

 

[noobmoon]

Dear forum members

This is very strange. I get in contact with my employer. They stated that when they apply for LMO in the section Expected Employment Duration they checked permanent.
In the section Is the job temporary with intent to permanent they checked no.

On the LMO that I applied with it stated: Duration of Employment: 24 months

I received response from the Centralized Intake Office that I am not eligible for FSW due to:

The duration of employment listed on the Labour Market Opinion you provided is not indeterminate/permanent. Therefore, the Labour Market Opinion does not meet the requirements of Regulation 82(2)c or Regulation 82(2)d of the Immigration and Refugee Protection Act (IRPA).

In the mail I have my UCI and Application number but there is nowhere any number or e-mail where I can complain.
Is there a chance to ask for revision?
I spoke with my employer and they are wiling to do anything possible to assist me.

Please dear forum member give me advice.
Should I try to correct the mistake or apply for temporary visa.

thanks a lot

 

[Target2013]

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 ((((((((((((

My dear,

without proper study and research as you plan to do something that is useless.

In this case you are not eligible in the same circumstances. do not bother apply again in the same circumstances.
you better make and fulfill the all conditions and your occupation details, which is among 24 eligible occupation.


Regarding temporary you can try. You know it is not so much easy to get such visa. By the way, where from you are?


Target2013

 

[noobmoon]

Dear Target2013

My occupation was on the 24 eligible occupation, plus I had valid job contract for permanent job and positive LMO.
The employer requested an LMO for permanent job. My guess is that HDSC made a mistake instead giving LMO for permanent job they gave as LMO for job of duration of 24 months which make it not permanent. Therefore I was not eligible to get FSW.
As of July AEO is no longer valid so we need to apply for LMO.
I really don't know what the company needs to do in order to bring a worker under the FSW with job offer and positive LMO.

 

[Pippin]

And possibly some more bad news depending on the NOC you applied under. I just came upon this on another thread. Changes, MAJOR changes to CEC Programme!

http://www.cic.gc.ca/english/department/media/backgrounders/2013/2013-11-08.asp

 

[noobmoon]

Thankfully none of the noc I applied for.But it seams that every year CIC is making harder to get to canada

 

[canadavisa13]

Pippin,

please kindly remove your most recent post,its related to CEC and will only cause confusion and mislead people planning to apply under FSW.

 

[Pippin]

Pippin,

please kindly remove your most recent post,its related to CEC and will only cause confusion and mislead people planning to apply under FSW.

Am so sorry. Last thing I meant to do was to increase the confusion, but it is too late to modify the post now. Thanks for alerting the readers that it is a CEC issue.