Permenant Residency Canada while on the IEC

farkell83

Hi all,

I have been in Canada nearly 2 years firstly on the USIT visa and then on the IEC. I have reapplied for the IEC mid February and have hear nothing back yet. I am fully expecting rejection due to the 18 month rule. I think I'm gonna apply for Permenant Residency as in August of this year I'd have 2 years experience in a position on the skilled list. However unfortunately my visa runs out mid May. I'm wondering if while that application is in the process of being accepted/rejected would I be eligable to still work in Canada. I have asked my employers about the possibility of the LMO but they ain't too keen on it. They say it will cost too much whch sounds like horsesh*t. They just don't want the hassle of the due dilligence necessary. Does anyone know can I still work? All help greatly appreciated. I have zero interest in going back to Ireland right now.

montreal2011

An application for permanent residency does not give you any status in Canada while it is being processed; you must have a valid work permit to work.

I know a guy who was had to leave Canada while his federal application was being processed (he expected it to take 8 months) because his current work visa was found out to be invalid (due to employer failing to do their paperwork) and his only option to stay was as a tourist.

farkell83

Yeah I thought that alright. I heard otherwise but thought I'd check. Thanks for your help. Looks like it's back to stinking old Ireland for me.

ibh

farkell83 wrote: »

Hi all,

I have been in Canada nearly 2 years firstly on the USIT visa and then on the IEC. I have reapplied for the IEC mid February and have hear nothing back yet. I am fully expecting rejection due to the 18 month rule. I think I'm gonna apply for Permenant Residency as in August of this year I'd have 2 years experience in a position on the skilled list. However unfortunately my visa runs out mid May. I'm wondering if while that application is in the process of being accepted/rejected would I be eligable to still work in Canada. I have asked my employers about the possibility of the LMO but they ain't too keen on it. They say it will cost too much whch sounds like horsesh*t. They just don't want the hassle of the due dilligence necessary. Does anyone know can I still work? All help greatly appreciated. I have zero interest in going back to Ireland right now.

An LMO won't cost your company that much. I don't know the exact figure but it's around a couple of hundred bucks. I think they have to pay for it, but i'm sure you could agree with them to pay it yourself if needs be.
I don't think the due dilligence is any more than advertising the job for a couple of weeks and saying there was no suitable candidate.

retalivity

montreal2011 wrote: »

An application for permanent residency does not give you any status in Canada while it is being processed; you must have a valid work permit to work.

Are you sure? My IEC Visa expired a week ago, I currently have an application in for a new work permit (Not PR, mind), but I am still working and will continue to work on "implied status" up until July/August when a decision is made on that application. I'm obtaining my work permit through a common law partnership, and i assumed that PR applications would be similar, allowing people to stay under implied status while they are being processed

jjbrien

did any of you do that silly language test they want i heard because we are from an English speaking country we can get away with not doing it and putting in a letter saying we are from an English speaking country and all our education etc was in English. Im on my 1st year IEC applying for my 2nd and PR at the same time might as well cover all bases.

farkell83

The place I work for have asked their lawyers and they will be charging a fee of $3,500 just for their side of things. That's what they told me anyway. They probably want to cover their bases in case Canadian Immigration come calling but as we all know from the IEC that crowd wouldn't have the organisational skills to run a raffle never mind checking into something like that. I'm getting sick of it now to be honest. Nearly resigned to going home.

montreal2011

retalivity wrote: »

Are you sure? My IEC Visa expired a week ago, I currently have an application in for a new work permit (Not PR, mind), but I am still working and will continue to work on "implied status" up until July/August when a decision is made on that application. I'm obtaining my work permit through a common law partnership, and i assumed that PR applications would be similar, allowing people to stay under implied status while they are being processed

Pretty sure, I did the same as you, old USIT WHV, then was on implied status while waiting for new visa to come through.

Maybe things are different in Quebec, but I had a friend here who was on their third one year working visa. He was accepted by Quebec, i.e. got his Selection Cert from Quebec so then he was able to make his Federal application for permanent residency, which should be formality after being accepted by the Province.

While doing this Federal application it was noticed that his current work visa was invalid, so he had to quit his job immediately and could only remain as a tourist.

I just see why this situation may not be a good example, maybe the Permanent Residency does allow you to remain on implied status but in his case he had no status to begin with!

Sorry for the confusion; I don't think my example is any use!

montreal2011

farkell83 wrote: »

The place I work for have asked their lawyers and they will be charging a fee of $3,500 just for their side of things. That's what they told me anyway. They probably want to cover their bases in case Canadian Immigration come calling but as we all know from the IEC that crowd wouldn't have the organisational skills to run a raffle never mind checking into something like that. I'm getting sick of it now to be honest. Nearly resigned to going home.

Just in case, if you are in IT in QC (maybe other jobs and other Provinces too), you don't need an LMO.

I have a 3 year CAQ from Quebec so I can get 3 one year visas. If I had the LMO, I would be able to get one 3 year visa. Only different really is the extra trips to the border and each visa is $150.

My company used a lawyer in ON and HR are in BC. Anyway, both lawyer and HR were not too clued in on how things worked in QC.

Also at the border the officer told me several times that I did not need to use a lawyer! She found it ridiculous that I had used a lawyer! :pac:

Edit: ask this guy!

rjessome

ibh wrote: »

An LMO won't cost your company that much. I don't know the exact figure but it's around a couple of hundred bucks. I think they have to pay for it, but i'm sure you could agree with them to pay it yourself if needs be.
I don't think the due dilligence is any more than advertising the job for a couple of weeks and saying there was no suitable candidate.

An LMO doesn't cost ANYTHING if the employer is willing to do the work themselves. If they hire an authorized representative to do the work for them it will likely cost at least $1500 CAD.

Due diligence is more than just advertising the job. Depending on the skill category, there may be several areas and minimum time limits for advertising. The job must meet the requirements (skills, education, experience) of the Labour Market Information of Service Canada as well as the salary. Also, Canadian citizen and permanent resident applicants have to be considered FIRST. If an employer lies to Service Canada, they can be banned from applying for another LMO for at least 2 years and pay a fine.

safeashouses

Call 604 254 9626 (within Canada) and ask for a settlement counsellor. The organisation is called Mosaic, and they provide free assistance and advice for those wishing to settle.

rjessome

retalivity wrote: »

Are you sure? My IEC Visa expired a week ago, I currently have an application in for a new work permit (Not PR, mind), but I am still working and will continue to work on "implied status" up until July/August when a decision is made on that application. I'm obtaining my work permit through a common law partnership, and i assumed that PR applications would be similar, allowing people to stay under implied status while they are being processed

You must have applied to be sponsored as a common law partner via the In Canada Class. That is the ONLY type of PR application which enables you to get a work permit after first stage approval. That does not apply to any of the economic categories such as skilled worker.

rjessome

jjbrien wrote: »

did any of you do that silly language test they want i heard because we are from an English speaking country we can get away with not doing it and putting in a letter saying we are from an English speaking country and all our education etc was in English. Im on my 1st year IEC applying for my 2nd and PR at the same time might as well cover all bases.

No, you can't just include a letter. You must do the IELTS General test and include the results. It is a requirement for ALL applicants, no matter what their country of origin is.

If you don't mind me asking, how are you applying for PR? The federal skilled worker cap is almost full (probably will be once they get through their stacks of mail at the intake office). Are you applying through the Federal Skilled Worker program with Arranged Employment? Has the job offer been approved by HRSDC?

rjessome

montreal2011 wrote: »

Just in case, if you are in IT in QC (maybe other jobs and other Provinces too), you don't need an LMO.

I have a 3 year CAQ from Quebec so I can get 3 one year visas. If I had the LMO, I would be able to get one 3 year visa. Only different really is the extra trips to the border and each visa is $150.

My company used a lawyer in ON and HR are in BC. Anyway, both lawyer and HR were not too clued in on how things worked in QC.

Also at the border the officer told me several times that I did not need to use a lawyer! She found it ridiculous that I had used a lawyer! :pac:

Edit: ask this guy!

"This guy" is actually a girl.

Things are often different in Quebec. Sigh. And I'm sorry but I've had enough clients get screwed up by CBSA officers at the border to know that most of them are NOT very knowledgable when it comes to immigration law pertaining to people. They are more heavily trained in the imports and customs areas that the border deals with. Officers at international airports tend to be better than at land borders.

Helix

retalivity wrote: »

Are you sure? My IEC Visa expired a week ago, I currently have an application in for a new work permit (Not PR, mind), but I am still working and will continue to work on "implied status" up until July/August when a decision is made on that application. I'm obtaining my work permit through a common law partnership, and i assumed that PR applications would be similar, allowing people to stay under implied status while they are being processed

you'll be waiting a lot longer than july/august for a decision. mate of the missus' did it a while back, took 9 months

retalivity

Lawyer told me it normally takes 3 months, but its slow at the moment so will take 4-5 months.

This is not a PR common law work-permit i'm getting, it's an international student common law work permit, which supposedly doesn't take as long or require the same level of documentation

Helix

aaaaaaaah gotcha

rjessome

retalivity wrote: »

Lawyer told me it normally takes 3 months, but its slow at the moment so will take 4-5 months.

This is not a PR common law work-permit i'm getting, it's an international student common law work permit, which supposedly doesn't take as long or require the same level of documentation

Ok, so your common-law partner is an international student in Canada?

retalivity

yes