Hi

I am an Australian Citizen currently on a Working Holiday Program 2yr visa which runs out Jan 31st 2011 - my partner is in the same situation but has had her permit successfully extended by 2yrs as she is under the age bracket. I am permanently employed in BC as a Marketing Graphic Designer/Media Specialist and have submitted an application for a Work Permit extension, Dec 1st 2010. Part of this process was obtaining a Labour Market Opinion which my Company submitted for me after following all requirements for this document.

We just received a result back which unfortunately was a formal refusal stating that there was "no indication that a labour shortage exists".

This is quite frustrating as my company advertised on numerous employment websites, with employment agencies, internal and external corporate sites etc and were not able to find the right candidate until I - successfully - applied back in October. Out of 200 applicants I was the only one able to satisfy their base-level requirements, however Service Canada thought otherwise... my questions are:

* Is there an LMO appeal process or is it possible to reapply for an LMO if the company wish to add support documentation ie why none of the other candidates were suitable? The company has re-evaluated what they are looking for in the position and are hopeful that by upping the requirements to align to my skillset, we have a better chance of it being approved.

* Are there any ramifications to consider when re-applying for an LMO? ie do they take your previous application into account (even if you repost the job ad and re-interview applicants etc?)

* Given my partner has another 2yr WHP visa to start by Jan 31st 2011, if she now applies for a Work Permit (including an LMO - so I could then apply for a spousal Open Work Permit) will this endanger her current status?

* Can i apply for a visitor visa in lieu of the Work Permit coming through - even though I will not be able to work?


Any advice appreciated.

Thank you

The scope and number of your questions is contrary to the posted forum guidelines. To answer your fundamental question, it is possible to either request a review of a Service Canada decision if it is believed that some error took place, or to submit a new application if your employer failed to satisfy some requirement of the foreign worker program. If the option to resubmit is pursued, there are no specific ramifications, but the officials certainly have access to the earlier information; a new case should however be assessed on its own merit.