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LMO dilemma !!

robbiefernando

Star Member
Mar 18, 2013
196
1
Apologies If i am asking the same question again but I have been so confused with so many different answers : Here is the situation

A candian employer is keen to sponsor me under the British Columbia provincial nominee program and my profession is recruitment consultant 1223 . I have gone through the requirements of the BC PNP program on the website but cant seem to find if a LMO is required to apply for BC PNP ?

Guys - could you please confirm if a LMO is required ?
Secondly - It states that the emplyer need to convince the provincial nominee program officer that they were unable to find a local candian candidate. How long does the job need to be advertised to prove this ?

Many Thanks and I appreciate your assistance in advance.

Many Thanks
 

Gaurav_OT

Hero Member
Apr 9, 2012
247
3
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
17-05-2012- CIO Sydney
Nomination.....
18-04-2012
AOR Received.
29-06-2012
Med's Request
29-06-2012
Med's Done....
13-07-2012
Interview........
June, 05/ 2013-RPRF request & paid, In process on July 29, 2013
Passport Req..
September 24/2013
VISA ISSUED...
October/23/2013 received pp from cpp-o
LANDED..........
October/26/2013 at Carway Border
bro LMO is the only thing that will prove that your employer could not find a canadian employee...no other document in the world would prove it to immigration ppl...
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
robbiefernando said:
Secondly - It states that the emplyer need to convince the provincial nominee program officer that they were unable to find a local candian candidate. How long does the job need to be advertised to prove this ?
That is a requirement for the LMO.
 

Movado

Hero Member
Jan 25, 2013
252
10
123
Coquitlam, BC
Category........
Visa Office......
Wien
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2013
Nomination.....
11-03-2013
AOR Received.
07-06-2013
Med's Request
25-11-2014
Med's Done....
28-11-2014
Passport Req..
11-02-2015
VISA ISSUED...
27-02-2015
LANDED..........
27-02-2015
robbiefernando said:
I have gone through the requirements of the BC PNP program on the website but cant seem to find if a LMO is required to apply for BC PNP ?
Robbie, I've explained you already - LMO is required if you intended to work before nomination. It's not required for BC PNP. I've got my nomination without LMO.

If you'll continue asking this instead of applying to BC PNP it's possible you'll miss your train 8)
 

robbiefernando

Star Member
Mar 18, 2013
196
1
Thanks Movado.. I took your advice and sent my papers through.

My employer is dealing with some immigration consultant in Canada who keeps in insiting on LMO as a requirement for permanent residency so thought I will double check.

I am not intending to work at all before my PR so I might again ask him to either change the consultant or apply on his own.

Cheers
 

bertoshea

Full Member
Feb 21, 2013
39
2
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2211
Job Offer........
Pre-Assessed..
Nomination.....
11-16-2012
AOR Received.
04-03-2013
Med's Request
04-05-2013
Med's Done....
04-17-2013
LANDED..........
Already here
Robbie,

Lmo is not a requirement. Your employer needs to show that you're not taking a Canadian citizen or permanent residents job. One way for your employer to do this is to get a LMO. Your employer could also show that they advertised the job and that they had other applicants that didn't suit, this is what my employer did. You can find the form that your employer needs to fill in on the BCPNP website. When you're successfully issued the PNP they will issue you a letter that supports you getting a temporary working visa that let's you work while waiting for your PR to come through.

Hope the above is of help.
 

Movado

Hero Member
Jan 25, 2013
252
10
123
Coquitlam, BC
Category........
Visa Office......
Wien
NOC Code......
2281
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2013
Nomination.....
11-03-2013
AOR Received.
07-06-2013
Med's Request
25-11-2014
Med's Done....
28-11-2014
Passport Req..
11-02-2015
VISA ISSUED...
27-02-2015
LANDED..........
27-02-2015
robbiefernando said:
Thanks Movado.. I took your advice and sent my papers through.
Where did you send your papers? To BC PNP? It's a mistake, as you and your perspective employer have to submit consolidated application. If you've sent them to the Employer - all fine, false alarm :)
 

peachie

Star Member
Jun 25, 2011
91
2
http://www.welcomebc.ca/Immigrate/immigrate/Provincial-Nominee-Program-Home/Strategic-Occupations-Home/Eligible-Employers.aspx


Who Can Apply

Skilled workers normally have post-secondary education or training with several years of employment experience in a professional, management, technical, trades or other skilled occupation.

Requirements

The requirements considered for applications under Skilled Workers are:

Occupation
Demand and outlook for the occupation
Wage
Qualifications
Offer of employment
Eligible employers
Ability to become economically established
Refugees & Removal Orders
Occupation

The BC PNP uses the National Occupational Classification (NOC) to classify jobs according to the duties, formal qualifications and experience required by the employer.

The BC PNP will only consider applications for positions under Skill Levels O, A and B of the National Occupational Classification Matrix National Occupational Classification (NOC). These positions normally require formal post-secondary qualifications and several years of directly related work experience.

The NOC helps determine whether the job meets the skill levels established for Strategic Occupations, and whether the nominee candidate’s qualifications and experience match the requirements of the job. The NOC is also used to identify relevant information on wage rates and labour availability for the occupation.


Demand and Outlook for the Occupation

The BC PNP considers employers’ applications to hire skilled foreign workers in relation to the current demand and future outlook for specific occupations. In making this assessment, any unique or highly specialized skill requirements for particular jobs are taken into account.

Applications will not be approved for occupations where there is a current surplus of workers domestically, or where future prospects for employment in the occupation are poor.

To assess the demand for particular skilled occupations, the BC PNP consults labour market information from Service Canada/HRSDC, Statistics Canada, the Ministry of Jobs, Tourism and Skills Training and industry organizations.

The outlook for future employment in particular occupations is based on information from the Canadian Occupational Projection System (COPS), national sector councils, Statistics Canada and other sources.

Employers supporting applications to the BC PNP will need to indicate the duration of unfilled vacancies and their recruitment efforts in BC.


Wage

The wage the employer intends to pay the nominee applicant must be at market rate and comparable to that for equivalent jobs in BC, for workers with a similar level of experience and training.

Bonuses, commissions, profit-sharing distributions or similar payments to the employee are NOT considered as part of the wage.

The BC PNP uses information from published and unpublished surveys, industry and professional associations and Service Canada/HRSDC to compare wages. Company size, geographic location, skill and experience levels are considered to calculate wage rates.



Qualifications

The nominee applicant must be qualified for the job that the employer is looking to fill. This normally requires several years of directly-related experience in the position the employer is seeking to fill. Program staff will review the nominee applicant’s qualifications and experience to confirm that employment requirements are met. At its discretion, the BC PNP may direct nominee applicants to an independent assessment of their credentials performed by an approved organization to establish equivalency with British Columbia or Canadian standards.

The employer is responsible for determining whether the position to be filled is a regulated occupation that requires mandatory certification, licensing or registration. If this is the case, evidence must be provided in the application that the candidate meets, or is able to meet, these requirements.

Private Sector Employers

Private sector employers supporting nominee applications to the BC PNP must meet the following requirements:
The employer must be incorporated or extra-provincially registered or registered as a limited liability partnership in BC
The employer must have a permanent establishment in BC (“permanent establishment” has the meaning contained in the federal Income Tax Act). If applying under the Northeast Pilot Project, the principal location of employment must be within the Northeast Development Region of BC
The employer must have been in operation in BC for at least one year (two years for the Entry Level and Semi-Skilled category); and
Businesses located within the Metro Vancouver area must have at least five permanent, full-time employees (or full-time equivalents) in BC at the time the application is made to the BC PNP;
Businesses located outside of the Metro Vancouver area must have at least three permanent full-time employees (or full-time equivalents) in BC at the time the application is made to the BC PNP.
The BC PNP may consider applications that do not meet these minimum requirements if an employer has substantial business operations outside of BC or can present a compelling business case.
The employer’s business must be financially sound and have a history of good workplace and business practices, including compliance with all applicable employment, labour, immigration, health, and safety laws and regulations.
If the nominee applicant has an ownership stake in the employer’s company, the share must be less than 10%. Individuals who own 10% or more are not eligible under the Strategic Occupations component of the BC PNP.
The BC PNP does not accept applications from:
Employers involved in the production, distribution, or sale of pornographic or sexually-explicit products, or in the provision of sexually-oriented entertainment or services.
Employment agencies and similar placement firms unless they are establishing an employer/employee relationship with the applicant.

Employers may be required to provide information confirming that they meet the above requirements. Employers supporting Entry Level and Semi-Skilled applications will be required to sign a declaration regarding employment, immigration, health, and safety laws and regulations.



All opinions stated here are correct but I believe it has to do with the kind of job that is being offered. HR positions can be tricky because there are many HR professionals in Canada, and the employer really has to prove that efforts to hire a Canadian based Recruiter have been done. So this is where HRSDC comes in. This is the government body that BC PNP refers to when they make an assessment that your employer is eligible to hire an out of country Recruiter such as yourself. The LMO approval will strengthen your case which is why the consultant stated this. Even if you are not arriving in Canada on a work permit based on this LMO, the LMO is used for job/employer eligibility for the BC PNP application.

Your employer should consult with Service Canada/ HRSDC on how they can present a successful application for you even before they lodge an application with BC PNP, otherwise $550 application fee will be lost if they are refused by BC PNP. This is only because your intended occupation in Canada is HR recruitment which could have a surplus of Canadian workers.

Just my thoughts on the matter. The link was attached so that you can research more on this. If the consultant says they will try to get you an LMO for purposes of proving your eligibility, then let them do it. This was the employer and yourself won't be refused by BC PNP because all the groundwork has been done through Service Canada/HRSDC.