Should I send employer money? - News - Jamaica Gleaner - Tuesday | January 28, 2014

Should I send employer money? - News - Jamaica Gleaner - Tuesday | January 28, 2014

Dear Miss Powell,

Someone offered me a job as a helper in Canada and told me that I should send him CA$300 to process an 'LMO' application on my behalf. Should I send him the money? He sent me a contract so I know I would be earning more than CA$2,000 a month, so I don't mind sending him the money if that helps with the papers. What do you think? What is this LMO? If he gets the LMO, would I automatically get the visa to travel to Canada? How long after being there can I get citizenship?

- AS

Dear AS,

DO NOT send any money to a prospective employer. Under no circumstances should an employer recover the cost of an LMO, which means 'labour market opinion' from an employee. The current cost of the LMO is CA$275. It is wrong for a prospective employer to ask a prospective employee to send money to him to pay for this document. DO NOT send him the money!

An LMO is a document that a Canadian employer will need to get before he hires someone outside of Canada. It is a standard requirement that before an employer hires a temporary foreign worker for most job categories,  he needs to get approval in the form of a positive labour market opinion from Employment and Skills Development Canada (ESDC)/Service Canada.

This opinion is based on an evaluation of the impact of hiring a foreign worker on the current Canadian job market, and whether there is a genuine shortage of persons in Canada who can fill the position. They look at the benefit to your employer and also to the development of the country. Based on ESDS/ Service Canada's findings, a 'positive LMO' may be issued, so your prospective employer may hire you.

Your prospective employer will need to demonstrate he has made every effort to find persons living in Canada to fill the position and has not been successful. He also has to show there is a genuine need for this position to be filled and that he has the means to hire such an individual.

The employer will be evaluated to ensure he is a suitable employer and would be offering the correct salary and work conditions.  He will also be investigated to ensure he has never violated labour laws, rules and regulations.

This type of investigation does take time, especially if your employer is applying for the first time. Be patient as this is also to your benefit, as you do not want to be hired by an unfair, scheming, negligent or abusive employer.

An LMO is valid for six months after the date issued in all provinces except Quebec. If your employer is in Quebec, his LMO will be valid only for three months.

This means that once the positive LMO has been issued, your prospective employer will need to contact you immediately to notify you that the LMO has been approved.

He will need to send that letter to you so you can make the application for the work permit in Jamaica. If you delay and the LMO expires, your employer will need to reapply for a new LMO. It cannot be renewed or extended. A new application will become necessary.

If the employer has previously been approved, he may apply under the accelerated labour market opinion (A-LMO) option and this can be done online. He still would need to demonstrate that he has a clean record of compliance with the LMO programme for that past two years. If he uses this option, the LMO should be ready within 10 business days. He could submit that to you so you may apply for the work permit.

Having a positive LMO does not mean you automatically get the temporary work permit. At this point, you will need to satisfy Citizenship and Immigration Canada (CIC) office, locally, that you qualify for this job, and are able to pass the medical and criminal checks. The ultimate decision as to whether you should get the work permit rests with the local CIC office.

Once you are in Canada as a live-in caregiver, hold on to your job! If you have worked for a minimum of 24 months in a full-time job, you can apply for permanent residence and later apply for Canadian citizenship.

If you and your prospective employer have concerns about the application and need personalised assistance, I recommend that you contact an immigration lawyer to guide you with the process.

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with offices located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to: Email: info Immigration. Tel: 613-695-8777, Twitter: deidrespowell Facebook: jamaicanlawyer.