Canada: Immigration Advice

Real Deals · 29-03-2012 2:46pm

Hi Rjessome,

Just a quick one. My employer in Canada is willing to go through the LMO process with me which is great. However I'm doing the forms and letters etc and have heard that even though the LMO is only supposed to be a temporary stop gap if you currently have a PR application in the system or are intending to apply for the PR you should include this in your application letter.

Sounds risky, so to speak, to me to include this as its only supposed to be a temporary measure. I will be applying for the PR if I get the LMO as I can't on my IEC work permit, but don't want to jinx the LMO by mentioning it if its detrimental.

rjessome · 29-03-2012 5:10pm

Guzz wrote: »

Thank you sooo much for your reply.
I have understood so much more about the process from your one reply, the websites are a minefield!!!

I wonder can you help me with another few questions!!
We re going to go down the temp work permit, when we recieve the sinp, is there still a need for a lmo or does the sinp cancel the need for it out.....
In relation to the processing times, does the sinp certificate take 3-4mths, or the whole process....... Fingers crossed for the whole process:eek:

Edited to add: Would a faster way of getting there be wait for the sinp, get on a plane and get temp work visa when we land???? How risky is this?? It will be a family of 5 (2 adults, and 3 children aged 9yrs 3yrs and under 1), dont want to arrive to be sent home!!!

Thank you soo much for your help!

No LMO is needed if you have a provincial nomination (SINP for you). It's the SINP that takes 3 to 4 months. The process of becoming permanent residents will take at least another year, probably more and it is ANOTHER application process. SINP is just the first step which allows you to APPLY for work/study permits for your family AND apply for permanent residence to Canada. Your SINP will also have an expiry date on it. You must be mindful of that since it means that you MUST submit the applications for permanent residence for your whole family BEFORE the expiry date.

Yes, since you are exempt from requiring a visa to enter Canada, you could apply for the work/study permits at the port of entry to Canada assuming the work that your husband will be doing does not require a medical examination. I discuss that in a previous thread. If he's working in health care or child care he will need a medical but not for most jobs. Likely he won't so you could get on a plane and arrive with the SINP and copy of the job offer in hand and be issued the permits. You will have to pay for them at the port of entry.

Roxanne

rjessome · 29-03-2012 5:14pm

Real Deals wrote: »

Hi Rjessome,

Just a quick one. My employer in Canada is willing to go through the LMO process with me which is great. However I'm doing the forms and letters etc and have heard that even though the LMO is only supposed to be a temporary stop gap if you currently have a PR application in the system or are intending to apply for the PR you should include this in your application letter.

Sounds risky, so to speak, to me to include this as its only supposed to be a temporary measure. I will be applying for the PR if I get the LMO as I can't on my IEC work permit, but don't want to jinx the LMO by mentioning it if its detrimental.

Whether or not you are applying for PR will have no impact on the LMO. An LMO application is an EMPLOYER application to show that they have a NEED to hire a temporary foreign worker because there are no qualified Canadian citizens or permanent residents willing and able to accept the job. The LMO application assesses that need and the selected worker's future plans are not part of the assessment. In this instance, since you are the worker, there is no need to mention that you are applying for PR since this application is not really about you.

Roxanne

rjessome · 29-03-2012 5:19pm

Romka wrote: »

Hello Roxanne,

I am seeking some help to find a solution to our situation.
My boyfriend is Irish, he is a roofer with over 5 years experience. He is 28 years of age.
I am Lithuanian, 29 years of age, have more than 3 years experience in IT.
We would like to move to Canada, at least for a 12 months period to see how things go, but when I contacted firstvisa and usit, they said they were dealing only with Irish passport holders.
So basically my bf can get a working holiday visa to Canada, but I can't.

What would you suggest for me to do in this situation? Apply for an Irish citizenship? I live here for over 6 years.

Thanks...

Romalda

Yes, I suppose you could apply for Irish citizenship but I am the WRONG person to ask about the rules regarding that. I only deal with Canada.

The other thing either of you could do would be try to find a skilled job opportunity with an employer who has permission to hire temporary foreign workers. The person with the job would be issued a REGULAR (employer specific) work permit. Then the other party could apply to accompany the worker as the common-law partner and also be issued an open work permit. You would have to have the job offer before leaving Ireland and the employer would have to have a positive Labour Market Opinion (LMO) to hire foreign workers in order to do this.

Roxanne

rjessome · 29-03-2012 5:25pm

dealdish wrote: »

what additional paperwork is needed for port of entry work and study permits.we are irish couple with job offer in sask too with 4 kids.i dont know what program my partners further employer is going to use yet but he said we can expect to be in sk in 12 weeks at most.can u please help us on this journey over next few weeks.we are unmarried does that mean more forms

Obviously you will need either the SINP from the Saskatchewan provincial nominee program OR and positive Labour Market Opinion (LMO) allowing the employer to hire foreign workers as well as a copy of the job offer/contract. It also must be considered a SKILLED position for the worker to be allowed to have accompanying family with him. You and your partner will have to sign a Statutory Declaration of Common Law Union and present that at the port of entry. Read through previous answers as I posted a link to it before. And birth certificates to show the family relationship will also be required. Other than that, bring money to pay for the permits and to get settled.

Roxanne

dealdish · 29-03-2012 5:52pm

thank you so much for helping my family begin a better life.will keep in contact and try not to drive you mad with questions.Canada HERE WE COME LOL

Romka · 30-03-2012 8:47am

Thanks a lot Roxanne, you are a star!

Much appreciated!
I am off to look for a job!

sirm · 31-03-2012 10:50pm

Hey there,

I just have a quick question that I cant seem to find a definitive answer on. Im applying for a work permit and LMO with my employer as my current permit is expiring the middle of next month. I intend to stay here under implied status while the applications are being processed. My question is, what happens to my status if my applications are rejected? I am considered to be in Canada illegally from the date my current permit expires? Am I able to restore my status? I understand that I will not be able to legally work if rejected. Any advice is greatly appreciated.

Real Deals · 02-04-2012 2:26am

rjessome wrote: »

Whether or not you are applying for PR will have no impact on the LMO. An LMO application is an EMPLOYER application to show that they have a NEED to hire a temporary foreign worker because there are no qualified Canadian citizens or permanent residents willing and able to accept the job. The LMO application assesses that need and the selected worker's future plans are not part of the assessment. In this instance, since you are the worker, there is no need to mention that you are applying for PR since this application is not really about you.

Roxanne

Thanks for the advice Roxanne. That sounds logical. I did just find out that a girl I know in HR who was applying for an LMO for someone in her company, who'd been refused, was advised by the HRSDC agent that if the applicant was in the PR process that it could help their appeal. It really does seem pot luck on who you get in that place!

dealdish · 02-04-2012 8:43am

when i get sinp can i get tempory work permit ,study for kids at port of entry.or must i apply for pr after sinp.also anyone in wexford area willing to help me fill out sinp form when i gather documents.

Chris12 · 02-04-2012 2:50pm

Hi Roxanne,

Could I please ask you a question??

My husband has a contract signed with canadian company who are in the process of applying for LMO. When they get this they said he must bring his approval letter and job contract to canada and his work permit will be issued at customs, all good so far, problem is, does myself and child have to travel with him?? We were hoping to follow him out later, also would I get an open work permit because he has the lmo or do i apply for it and the childs study permit when i get there.

Thanks for your help.

skadi2012 · 02-04-2012 3:01pm

Hi there

I am researching working in Canada and I am finding the information a little confusing, so looking for any help!

I am 26 years old with 4 years experience in a large multinational. My boyfriend is 28 with 6 years experience. We are both Irish, living in London for the past 3 years.

We are thinking of moving to Vancouver- are we not eligible as we are not for the IEC permit as we are not living in Ireland? Are we eligible for a visa from the UK?

If we are eligible and go to Canada and manage to find work, can our employers sponsor us so that we can stay longer?

thanks!

NoelAPM · 03-04-2012 5:51am

skadi2012 wrote: »

Hi there

I am researching working in Canada and I am finding the information a little confusing, so looking for any help!

I am 26 years old with 4 years experience in a large multinational. My boyfriend is 28 with 6 years experience. We are both Irish, living in London for the past 3 years.

We are thinking of moving to Vancouver- are we not eligible as we are not for the IEC permit as we are not living in Ireland? Are we eligible for a visa from the UK?

If we are eligible and go to Canada and manage to find work, can our employers sponsor us so that we can stay longer?

thanks!

That has been answered in detail early In This thread. Due to the criteria for eligibility you will not be able to take part in the IEC program for Ireland. And unless you have a uk passport you are not eligible to apply from there!

Your next best option is to find an employer either before you leave or when your there for a holiday! The employer can apply for an LMO which like the IEC program will grant you a work permit. Unlike the IEC program tho you will not be able to move around freely. You will be tied to that 1 employer. An LMO is also explained in detail earlier in the thread.

DeniseDee · 03-04-2012 1:12pm

Hi.
I'm slightly baffled by all of this. I have an Irish passport, but have lived in the UK all my life, so this means I can't apply for the IEC under the Irish scheme. I'm 3 months past my 31st birthday, so this means that I can't apply through the UK scheme.

I'm guessing this means I need to find another way to come to Canada.
I've got a Masters' degree, and over three years' managerial work experience. I want to move to Canada for at least a year, what is the best way of doing this?
How likely is it that I can apply for a job from the UK and find a company who will be prepared to wait however many months it takes for me to get a visa.

Is there any other way that I can do this? Is it worth just coming over to Canada and applying for jobs there? Or would the waiting time to get a visa be too long?

Thanks for your help.
Denise

natmlr · 04-04-2012 2:06am

Roxanne,

You are doing a really fantastic thing here as trying to find information online is an absolute nightmare. Even in person I found myself being able to gain a whole lot more information from the UK than in Canada.

So here is my story. . I am currrently in BC working as an assistant manager in accomodation (Which is on the NOC list). I have just recently (Feb 27th) moved to BC from Saskatchewan where I had been working for the past 6 months in hospitality. I am currently on my 1st year IEC programme which expires on the 6th of September this year.

My employer is fully willing to tackle pnp with me, and has done in the past for at least 3 of my colleagues.

As my current permit expires in september my worry is covering myself in terms of dates and visas. If I start the pnp application process within the next month that only leaves me 4 months left on my current permit and im certain pnp will not be complete in that time. Im really unsure what my options are and ive been looking online for almost 3 weeks, im panicking that looking and researching is wasting even more time as I really dont want to have to give up my car, job, apartment and friends to return to the UK!

If i start my pnp process now should i also apply for my 2nd iec or a work permit of some sorts to cover the processing time? Im really confused by the whole thing and nothing seems to point in the right direction.

As I said I have been here since Sept 2011 on an IEC, I have a diploma in hospitality management and 3 years work experience in this field (not in Canada) another 4 years experience within hospitality to supervisory level but not management. I am 24 years old from scotland and have no dependants and or spouse.

I'd really appreciate any information or guidance you can provide, even talking to people I have met on this side that have been through the process cant provide me with my help as of course every case is different and the rules and terms of applications change.

Thanks you for taking the time to read this!

Natalie

natmlr · 04-04-2012 2:08am

** I meant to say that since moving to BC in feb this is a whole new employer and my past 6 months was with an entirely different company!

Lola Bee · 04-04-2012 2:08am

Please help, any advice greatly appreciated!!!
I received an email today informing me I have been conditionally accepted onto the IEC 2012.

However, I'm extremely concerned that I did not validate the IMM1295 form before I sent the original documents. I have kept a copy of all the documents I sent and I do not have the required barcode for the IMM1295 form. I recall seeing the 'Validate' symbol on the form but thought it was for office use only.

Can you tell me if I have now seriously jeopardised my application for this programme? If so, I will not be eligable to reapply as I turn 36 on April 17th this year.

Is it possible for me to validate the form and send via email and still be considered?

I'm extremely anxious about this as I have a job offer in Calgary and have a start date in May 2012. Any help or advice would be greatly appreciated.

I have emailed IEC in London for advice too but they are slow to respond. The problem for me is I'm in Mexico for a couple of months waiting on this to come through and have been informed I have 12 days from today to get everything completed or face being rejected.

NoelAPM · 04-04-2012 3:06am

Lola Bee wrote: »

Please help, any advice greatly appreciated!!!
I received an email today informing me I have been conditionally accepted onto the IEC 2012.

However, I'm extremely concerned that I did not validate the IMM1295 form before I sent the original documents. I have kept a copy of all the documents I sent and I do not have the required barcode for the IMM1295 form. I recall seeing the 'Validate' symbol on the form but thought it was for office use only.

Can you tell me if I have now seriously jeopardised my application for this programme? If so, I will not be eligable to reapply as I turn 36 on April 17th this year.

Is it possible for me to validate the form and send via email and still be considered?

I'm extremely anxious about this as I have a job offer in Calgary and have a start date in May 2012. Any help or advice would be greatly appreciated.

I have emailed IEC in London for advice too but they are slow to respond. The problem for me is I'm in Mexico for a couple of months waiting on this to come through and have been informed I have 12 days from today to get everything completed or face being rejected.

I would imagine your ok! They wouldn't have accepted you if anything was missing! Especially the barcode page! If they don't have the barcode page however I'd say your deffo in trouble. Perhaps the IEC overlooked it and forwarded your 2nd set of documents to the CIC.

The barcode page only appeared on my application when I clicked print! I think by validating it a couple of numbers appeared on my form tho...

tfc484 · 04-04-2012 3:24pm

For people who have received their LOI, how long did the second phase of the application take?
Any information would be greatly appreciated. Thanks !

Chris12 · 04-04-2012 3:47pm

Chris12 wrote: »

Hi Roxanne,

Could I please ask you a question??

My husband has a contract signed with canadian company who are in the process of applying for LMO. When they get this they said he must bring his approval letter and job contract to canada and his work permit will be issued at customs, all good so far, problem is, does myself and child have to travel with him?? We were hoping to follow him out later, also would I get an open work permit because he has the lmo or do i apply for it and the childs study permit when i get there.

Thanks for your help.

Hi Roxanne, Ive read over the thread but cant find any info on my eligibility for work permit or childs study permit. It is my husband has LMO. Also if my adult daughter and her family were thinking of coming to canada what would be the best option/programme for them to apply under.

Thank you again for your help.

larchielads · 04-04-2012 5:09pm

As a previous poster asked, i too have no trade, qualifications. Yes ive been workin in pubs and factories since i was 16 now 29. my bar skills are just pulling pints and opening bottles and the odd cocktail and my factory work isnt anything to shout about either. working on machines pressing buttons, general line assembly like most people in ireland. What are the chances of people like me gettin a visa or a job?

seriously thinkin about selling my car and whatever else i have and to take my chances in Canada.

natmlr · 04-04-2012 7:03pm

Larchielads: I have been here for 7 months now and ive saw no problems with people getting work, if you want to up your chances i advise you head to smalled towns and cities where the economy is currently booming as not only will you be more likely to find work but likely to come across a long term opportunity with the chance of PNP my suggestions are places like edmonton, saskatoon etc

TFC: My EIC application process started in April last year and I was wasnt granted the visa until the last week in Aug . . This was due to a backlog with UK application my lithuanian friend had hers accepted and granted within 4 weeks so it all depends on your country of origin and their current processing times

larchielads · 05-04-2012 3:20am

TFC: My EIC application process started in April last year and I was wasnt granted the visa until the last week in Aug . . This was due to a backlog with UK application my lithuanian friend had hers accepted and granted within 4 weeks so it all depends on your country of origin and their current processing times

[/QUOTE]so are you saying if i apply now i might not get in til next year?

natmlr · 05-04-2012 3:28am

I wouldnt say next year thats a bit extreme, it took 4 months for mine to be processed in total and ive not heard of any taking longer than that but it is a process like all visa applications so I wouldnt book or plan anything until your visa is 100% certain!

Tonto86 · 05-04-2012 3:31am

larchielads wrote: »

As a previous poster asked, i too have no trade, qualifications. Yes ive been workin in pubs and factories since i was 16 now 29. my bar skills are just pulling pints and opening bottles and the odd cocktail and my factory work isnt anything to shout about either. working on machines pressing buttons, general line assembly like most people in ireland. What are the chances of people like me gettin a visa or a job?

seriously thinkin about selling my car and whatever else i have and to take my chances in Canada.

You'll get and IEC visa. Come to Calgary mate, tons of work, especially in bars.

I went job hunting just bars last week and got offered 3 jobs. Bar work is also on the shortage list so you could ask your employer to sponsor you.

dealdish · 05-04-2012 2:09pm

Does anyone know immigration office requested for processing this application. on first page ,number 4

cuana · 08-04-2012 9:20pm

hi rjessome

I would appreciate your advice I've only just started looking into immigrating to Canada, and I have a question or questions

From what I gather I would be applying for a visa as a federal skilled worker, I have worked in Retail Management for many years however I gather from that the cap has been reached in my area of experience, if I applied for a visa would this generate an automatic refusal? Would it be in my best interests to apply for a temporary visa instead?

Also I cannot see an age any reference to age on the federal skilled worker do you know if there is a cap? I can see that the option for a temporary working visa from Ireland is 18-35

Thanking you in advance

bananarep · 09-04-2012 10:01pm

Hi I'm just wondering both my BF and I are here on IEC and working. We have both been asked to do professional qualifcations for our jobs- can we do this under the IEC. It is part-time obviously but longer than 6 months. moduel based. I note the IEC website says:
"Is it possible to enrol in courses during my stay in Canada while under the IEC initiative?
Yes. However, the courses must be part-time and considered as personal development/growth. Your courses cannot be part of a university degree. If you are in Canada under the IEC initiative, you may enrol in language courses over a short period of time, i.e. less than six months."

It's just not very helpful- does that mean we have to wait until we are PR to do our qualifications?

rjessome · 14-04-2012 3:23pm

Ok, first I had the flu and then I had to catch up with my real job! Sorry folks. I see there have been a lot of questions and private messages. I'll do my best to get through them and provide an answer for everyone assuming I'm not just repeating myself. If you have a question, read through this thread first. I may have already answered it in a previous post. Thanks for your patience!

rjessome · 14-04-2012 3:27pm

sirm wrote: »

Hey there,

I just have a quick question that I cant seem to find a definitive answer on. Im applying for a work permit and LMO with my employer as my current permit is expiring the middle of next month. I intend to stay here under implied status while the applications are being processed. My question is, what happens to my status if my applications are rejected? I am considered to be in Canada illegally from the date my current permit expires? Am I able to restore my status? I understand that I will not be able to legally work if rejected. Any advice is greatly appreciated.

If your application is rejected because the LMO was refused or CIC did not receive the result of the LMO at the time they were assessing your work permit application, you will have 90 days from the date you receive the refusal letter to apply for Restoration AND either a work permit (if you've received a positive LMO) or a Change of Conditions from worker to visitor. So no, you are not in Canada "illegally" but are without status and in limbo.

Canada: Immigration Advice

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