Way to stay

[Weststarr]

I have a question, my employer want me to stay in Canada right now i am on IEC WH, but it is coming to an end. My employer applied for LMIA but it was rejected, i have about 340 pints in EE, i dont have work exp to be nominated for Ontario, is there any other way for me to stay in Canada? my employer is trying to ask lawyers for the solution, but i don't see any, am i missing something ?

 

[scylla]

You definitely need to substantially increase your score to be selected under EE. Have you maxed out your IELTS scores?

Do you qualify for a second IEC?

 

[Weststarr]

You definitely need to substantially increase your score to be selected under EE. Have you maxed out your IELTS scores?

Do you qualify for a second IEC?

i have maxed IELTS, i dont have university or college degree that is why my score is that low

 

[scylla]

i have maxed IELTS, i dont have university or college degree that is why my score is that low

Ah - that's unfortunate. That will certainly limit which programs you can apply through.

I think you need to focus on finding an employer who is willing to give you a permanent job offer and approved LMIA. Why was your current employer's LMIA refused? Can the refusal reasons be overcome? Is your employer willing to apply again?

 

[Weststarr]

The original LMIA was rejected due to fact that median wage is 55k/year and i am earning 41k/year also the officer told that my company did not show enough proof that they were unable to find Canadian or PR to fill my spot

 

[scylla]

The original LMIA was rejected due to fact that median wage is 55k/year and i am earning 41k/year also the officer told that my company did not show enough proof that they were unable to find Canadian or PR to fill my spot

Is your employer willing to raise your salary to at least the median wage and re-do the advertising to meet the requirements? Even one of these items on their own is typically enough to get an LMIA refused.

 

[Weststarr]

I dont know, i work here for 9 months only, and he would have to give me 15k/year raise, i will be earning more then my college who is working here 6 years, so i don't think i will get that big raise

 

[Weststarr]

And my employer done the advertising for at least 4 weeks and it was posted on Jobbank and 3 other web pages (4 in total) and still he got replay from Service Canada that this was not good, so even if i will get that raise, there is still risk that he will be rejected because of something

 

[Rob_TO]

And my employer done the advertising for at least 4 weeks and it was posted on Jobbank and 3 other web pages (4 in total) and still he got replay from Service Canada that this was not good, so even if i will get that raise, there is still risk that he will be rejected because of something

What type of job is it?

In general if it's a job that doesn't require a post-secondary education or specific skill set, then it would be extremely difficult to claim no Canadian could be hired for the role as there should be many qualified candidates.

 

[Weststarr]

What type of job is it?

In general if it's a job that doesn't require a post-secondary education or specific skill set, then it would be extremely difficult to claim no Canadian could be hired for the role as there should be many qualified candidates.

2282 User support technicians

 

[scylla]

Sounds like you would need to find a new employer and job in that case. There's really no point applying for an LMIA if your wage falls below the median.

As for the ads, I'm wondering if your employer stopped advertising as soon as the LMIA application was submitted or if the other three web sites he chose didn't meet the LMIA requirements. Either of these on their own would have resulted in a refusal. Anyway - probably a moot point since it doesn't sound like your employer would be willing to increase your income to meet the median.

 

[Weststarr]

Sounds like you would need to find a new employer and job in that case. There's really no point applying for an LMIA if your wage falls below the median.

As for the ads, I'm wondering if your employer stopped advertising as soon as the LMIA application was submitted or if the other three web sites he chose didn't meet the LMIA requirements. Either of these on their own would have resulted in a refusal. Anyway - probably a moot point since it doesn't sound like your employer would be willing to increase your income to meet the median.

No all 4 adds were up and active until the decision to reject LMIA was made.
And other pages were Indeed.ca monster.ca and workpolis.ca

 

[scylla]

OK - so in that case the reason for the advertising refusal is that it's reasonable to assume that a Canadian with the required skill set should have been easily identified/found. If not enough applied, that's tied to the other refusal reason (i.e. you're being underpaid).

So it comes back to the question of whether your employer is willing to raise your salary to meet the median income for the role.

 

[Weststarr]

OK - so in that case the reason for the advertising refusal is that it's reasonable to assume that a Canadian with the required skill set should have been easily identified/found. If not enough applied, that's tied to the other refusal reason (i.e. you're being underpaid).

So it comes back to the question of whether your employer is willing to raise your salary to meet the median income for the role.

So without this 15k raise there is no other way for me to stay ? and even after that there is a chance that LMIA will be rejected due to fact that this job is not something high tech, or skill shortage as in Toronto area there are plenty of Canadians or PR with IT experience who can do that job i'm not gonna find any other employer as i have 2 weeks on my IEC left

 

[scylla]

So without this 15k raise there is no other way for me to stay ? and even after that there is a chance that LMIA will be rejected due to fact that this job is not something high tech, or skill shortage as in Toronto area there are plenty of Canadians or PR with IT experience who can do that job i'm not gonna find any other employer as i have 2 weeks on my IEC left

Yes - even with the $15K raise, there's still a chance the LMIA may be refused.

With only two weeks left on your IEC, you really don't have any options that I can see. If you want to remain in Canada and continue to look for work after your IEC expires, then you'll need to apply to convert your IEC to a visitor visa before your IEC expires - and obviously stop working as soon as the IEC ends.

If you have $25K+ in savings, you could look into going back to school full time in January (you'd be able to work up to 20 hours per week off campus). If you get a study permit approved, you'll be able to start working part time as soon as you start attending classes in January.