There could be a situation where the authorities issue an LMO to the employer. This would result in an applicant submitting a work permit application based on the LMO issued to the employer. Subsequently, the ESDC suspended the LMO based on certain public policy considerations.
Thereafter, the processing officer also suspended the processing of the work permit application. Then, the processing officer would wait until the ESDC has reviewed the new information. Once it reviews the latest information, the ESDC could:
- Revoke the LMO or,
- Lift the suspension
If the ESDC suspends the LMO, officers would need to follow the steps listed below.
- The ESDC would update the ‘Decision’ and / or ‘HRSDC Comments’ fields of the LMO in their Foreign Worker System (FWS)
- Officers would need to refresh the HRSDC (ESDC) view tab before they take any decision
- Viewing the HRSDC (ESDC) view tab would ensure that officers have access to the latest information about the LMO
- Officers would place the work permit application on hold if the ‘Decision’ and / or ‘HRSDC Comments’ fields show ‘Suspended’ in the HRSDC view tab
- They would keep the work permit application on hold until the ESDC has completed its re-evaluation of the work permit application
- The officers would also inform the applicant that their work permit application has been suspended in accordance with the Ministerial Instructions (Annex A lists the format for the Suspension Notification Letter)
Other steps that officers would need to follow include:
- Officers would need to search the GCMS for the client and / or the application, upon receiving a work permit application
- Then, the officers would need to navigate to the HRSDC view tab and click on ‘Refresh’
- Officers would need to review the ‘Decision’ and / or ‘HRSDC Comments’ fields for confirming the status of the LMO
- Ideally, the ‘Decision’ and / or ‘HRSDC Comments’ fields should display a decision that would be one of the following:
- Confirmed
- Cancelled
- Closed
- Refused
- Revoked or,
- Suspended
- Officers would need to send a notification letter to the applicant in case:
- The ‘Decision’ and / or ‘HRSDC Comments’ fields display ‘Suspended’ and,
- A date that is dated after the date specified in the ‘Decision Date’ field
- Annex A contains the template for this notification letter that officers need to send to the applicant
- After sending the notification letter to the applicant, officers must change the application status to ‘On Hold’
- This would ensure that other officers do not process the work permit application by mistake
- After 60 days, officers would need to check the status of the LMO
- If the ESDC:
- Has completed its review, then the ‘Decision’ and / or ‘HRSDC Comments’ fields would display:
- Confirmed (see Note) or,
- Revoked
- Upon seeing these comments, officers could continue to process the work permit application as normal
- Has not completed its review, then the ‘Decision’ and / or ‘HRSDC Comments’ fields would continue to display ‘Suspended’
- On seeing this, officers would need to place the work permit application on hold again
- They would also need to wait until the ESDC reviews the work permit application
Note:
- In some cases, the ESDC decision could change to ‘Confirmed’
- This would normally happen after a suspension has been in place
- The ESDC would also indicate this decision in the ‘HRSDC Comments’ field to highlight that the new decision is a final decision, taken after suspension and review
Source: Citizenship and Immigration
Advertisement
