# Rejected LMO



## Mattybooyah (Feb 11, 2014)

I need a little advice, although I'm resigned to the idea that I will have to return to the UK by the end of the month.

I've been in Calgary for coming up to 5 months now. It was initially as a visitor to spend some time with family as I hadn't seen them in a while and had the money to do so. While here a family member got me and interview at her company as it's a job that they had been trying to fill for 4 months through advertising and internal promotion but with no joy. I had the skills and experience to do the job and after a 2 hour chat they were eager to give me the position. Unfortunately with 3 weeks left on my visitors visa they had a rejection letter for the LMO based on not meeting the advertising requirements. As they hadn't really been looking for a foreigner to do the role and not being a company who employs foreign workers even though they felt they had made every effort to employ a Canadian for the role, I believe they didn't meet the requirements of having the job posted within 3 months of the LMO application, and also not keeping the job posted after conditionally offering me the position.

My concern is that although I would be happy to return to the UK and wait for the 4 weeks they have to re-advertise, and then 4 or 5 weeks it would take to re-apply for the LMO, they have been told that they have to advertise for 3 consecutive months. I've seen this a lot on other forums and the questions from most people is where has this 3 months come from? 

I guess I'm asking is there anything that can be done about this? Is it worth appealing or would the response remain the same, There's a massive difference between waiting for 2 months to waiting between 4 - 6 months.

Does it make sense to penalise a business that has been trying to fill a critical position for 6 months, that has made a concerted effort to employ a Canadian, to have to wait another 4 - 6 months on the off chance that they might actually find a suitable / willing Canadian to do the job.


----------



## Auld Yin (Mar 10, 2009)

Suck it up. Rules are rules and in place for reasons. The fact is the company didn't know or learn about them. Ignorance of the "law" is never an excuse. The rules about obtaining LMOs are to ensure that qualified Permanent Residents or Citizens are afforded the first opportunities for job openings. Immigration rules have been much tightened in past few months. Too many immigrants/companies were bending the rules to let in the people at the expense of Canadians. 
If the company considers you a suitable candidate it will do the necessary to obtain the LMO. When received you can take it and the job offer and flagpole using a US border point.


----------

