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Immigration Forum / Canada / July 2008



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Why do I need LMO when my job is LMO exempt

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Vhha2 - 24 Jul 2008 16:32 GMT
I entered Canada in June 2006 on a 2-year work permit issued at New
Delhi to work as a postdoctoral fellow at a University in Ontario. At
that time, I was in the process of completing my PhD in UK. However, I
did not have a PhD degree in hand as my examination was pending. I was
told by CIC New Delhi that I need a LMO. My employer sought the LMO
and a positive LMO was issued. I got a two-year work permit and TRV
and joined my job here in Canada.

In March 2008, my employer extended my postdoctoral fellowship by one
more year until June 2009. In the meantime, in July 2007 I received my
PhD from the UK. Since the just the examination was pending I went
back to UK for a week, gave the exam, and got the degree.

I applied to CPC, Vegreville in April 2008 to extend my work permit by
one year. My employer did not seek or submit a new LMO as postdoctoral
fellows are LMO exempt provided they have a PhD degree in hand – which
I have now. However, I still received a phone call from CPC,
Vegreville that I need a LMO. My boss has written to them explaining
the situation.

I am concerned that they may not get back to my boss and just reject
my application. What should I do?

Thanks for all your help.
Jim Humphries - 24 Jul 2008 18:09 GMT
I'm thinking that the CIC believe that a post-doc should be temprary -
perhaps 2 or 3 years but not often longer or it starts to look permanent.  I
wish you good luck, But I would be looking for a new job at the same time.

Signature

Jim Humphries,
Former Visa Officer

I entered Canada in June 2006 on a 2-year work permit issued at New
Delhi to work as a postdoctoral fellow at a University in Ontario. At
that time, I was in the process of completing my PhD in UK. However, I
did not have a PhD degree in hand as my examination was pending. I was
told by CIC New Delhi that I need a LMO. My employer sought the LMO
and a positive LMO was issued. I got a two-year work permit and TRV
and joined my job here in Canada.

In March 2008, my employer extended my postdoctoral fellowship by one
more year until June 2009. In the meantime, in July 2007 I received my
PhD from the UK. Since the just the examination was pending I went
back to UK for a week, gave the exam, and got the degree.

I applied to CPC, Vegreville in April 2008 to extend my work permit by
one year. My employer did not seek or submit a new LMO as postdoctoral
fellows are LMO exempt provided they have a PhD degree in hand – which
I have now. However, I still received a phone call from CPC,
Vegreville that I need a LMO. My boss has written to them explaining
the situation.

I am concerned that they may not get back to my boss and just reject
my application. What should I do?

Thanks for all your help.
Daw Immigration Solutions - 28 Jul 2008 14:43 GMT
Many visa officers are of the mindset that once you've had an LMO for
certain work, they will always want to see one for that job.

I don't think these officer realize the time and expense of getting an
LMO.

Chris Daw
www.dawimmigration.com
S P Arif Sahari Wibowo - 28 Jul 2008 20:15 GMT
> Many visa officers are of the mindset that once you've had an
> LMO for certain work, they will always want to see one for
> that job.

I guess this was trigerred by the fact that the request is for
an extension for previous work permit.

Probably if it was submitted as a new request, for the current
job specification (must change a bit from 2 years ago), it is
possible the OP would not have this issue.

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                             (stephan paul) Arif Sahari Wibowo
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  /____  /____/ /____/ /____
 _____/ /      /    / _____/      http://www.arifsaha.com/

Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.

 
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