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Immigration Issues/PGWP but a negative LMO

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Question
Hi,
I've been searching for a situation like mine and while I can find similar, I can't find mine precisely. I have been in Canada for seven years. For the first four, I was a student; for the next three I was on a Post Grad WP. I applied to extend my PGWP before its expiry in September, and my employer applied for an LMO. HRSDC has told my employer that since it cannot prove its hiring efforts, my LMO is negative and I will be denied my extension. I have read elsewhere, however, that because I was on a PGWP and legally hired, they do not have to prove anything.
Could you provide me some direction? My bosses seem to think I'm on the verge of immediate deportment, which is obviously quite distressing.
Thank you for any help you can provide.
Sarah

Answer
Dear Sarah,

Thanks for your inquiry.

You may be eligible to apply to stay in Canada permanently under the CEC or PNP.

Further, employers who want to permanently employ the graduates following the completion of the PGWPP, must ensure that the:

•LMO applications are submitted to HRSDC/Service Canada approximately 4 months before the expiry date of the post-graduation work permit;

•Positions offered to the graduates are for higher-skilled occupations classified as management, professional or technical (National Occupational Classification (NOC) skill type 0, or skill level A or B).

•Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit.

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations.

Finally, the lower-skilled positions: NOC skill levels C or D are not part of this process. Employers hiring former PGWPP participants in these positions must apply under the different Stream for Lower-skilled Occupations.

Please consult with a professional at your earliest.

Regards,
Ravi

P.S: Considering your employer meets the PNP requirements: PNP immigration probably will be the good option.

Immigration Issues

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Ravi Khosla

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You can ask question related to Canadian Immigration, policies and procedures.

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Serving the community since last 25 years in regards to their immigration matters.

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Senior Paralegal (Immigration) CVT Law Office Surrey BC

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