Have you ever skilled a refusal in your LMIA utility as a result of your promoting didn’t meet the inflexible content material necessities set out on the Momentary Overseas Employee Program web site? If that’s the case, you aren’t going to need to miss the latest interview I did with Canadian Immigration Lawyer, Robert Leong. Robert shared some nice perception on his Federal Courtroom case difficult an officer’s refusal of his shopper’s LMIA utility as a result of the enterprise handle was lacking from one of many commercials. We undoubtedly want extra choices like this.
Many people legal professionals keep in mind the nice previous days when acquiring a Labour Market Opinion (now Labour Market Affect Evaluation) for a shopper was a comparatively nice and easy train. After conducting recruitment efforts and never finding a professional candidate, the LMO could be accepted. In actual fact, Service Canada officers would truly work with employers to help them in making certain the varieties have been correctly accomplished so the applying might be accepted as rapidly as attainable…….flash ahead to at the moment…….every little thing has modified!
In at the moment’s LMIA world, employers are handled just like the enemy by Momentary Overseas Employee Program officers who now search for any purpose attainable to refuse an utility……together with failing to incorporate a enterprise handle in an commercial. Regardless of the numerous value and time related to difficult these ridiculous refusals, some employers have lastly mentioned: “Sufficient is sufficient!” and took the matter to Federal Courtroom to have the officer’s choice reviewed by a choose. Within the overwhelming majority of circumstances, when some of these Judicial Critiques are launched, issues get settled fairly rapidly by the federal government legal professionals. Nevertheless, in some uncommon events, employers and their authorized counsel see issues by to the top and we get wonderful choices that assist the remainder of us as we combat our personal battles with ESDC and their supply arm “Service Canada”.
On this Episode, Robert Leong shares his expertise arguing his case: Canadian Reformed Church of Cloverdale B.C. v. The Minister of Employment and Social Improvement Canada (2015 FC 1075).
Throughout my interview with Robert Leong, we lined the next subjects:
- Robert Leong’s background.
- How he acquired into immigration regulation.
- Introduction into the LMIA regime.
- ESDC’s minimal promoting necessities.
- Perception on the Canadian Reformed Church of Cloverdale BC choice.
- Ideas and techniques for navigating the promoting necessities of Service Canada
- How individuals can attain Robert.
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