031: What to do when your LMIA is refused for improper advertising! With Immigration lawyer Robert Leong
CanadianImmigrationPodcast.com
Season 1 Episode 31
Have you ever experienced a refusal on your LMIA application because your advertising did not meet the rigid content requirements set out on the Temporary Foreign Worker Program website? If so, you are not going to want to miss the recent interview I did with Canadian Immigration Lawyer, Robert Leong. Robert shared some great insight on his Federal Court case challenging an officer's refusal of his client's LMIA application because the business address was missing from one of the advertisements. We definitely need more decisions like this.
Many of us lawyers remember the good old days when obtaining a Labour Market Opinion (now Labour Market Impact Assessment) for a client was a relatively pleasant and straightforward exercise. After conducting recruitment efforts and not locating a qualified candidate, the LMO would be approved. In fact, Service Canada officers would actually work with employers to assist them in ensuring the forms were properly completed so the application could be approved as quickly as possible.......flash forward to today.......everything has changed!
In today's LMIA world, employers are treated like the enemy by Temporary Foreign Worker Program officers who now look for any reason possible to refuse an application......including failing to include a business address in an advertisement. Despite the significant cost and time associated with challenging these ridiculous refusals, some employers have finally said: "Enough is enough!" and took the matter to Federal Court to have the officer's decision reviewed by a judge. In the vast majority of cases, when these types of Judicial Reviews are launched, things get settled pretty quickly by the government lawyers. However, in some rare occasions, employers and their legal counsel see things through to the end and we get amazing decisions that help the rest of us as we fight our own battles with ESDC and their delivery arm "Service Canada".
In this Episode, Robert Leong shares his experience arguing his case: Canadian Reformed Church of Cloverdale B.C. v. The Minister of Employment and Social Development Canada (2015 FC 1075).
During my interview with Robert Leong, we covered the following topics:
- Robert Leong's background.
- How he got into immigration law.
- Introduction into the LMIA regime.
- ESDC's minimum advertising requirements.
- Insight on the Canadian Reformed Church of Cloverdale BC decision.
- Tips and strategies for navigating the advertising requirements of Service Canada
- How people can reach Robert.
