Advice needed: Positive LMIA recently Laid off

[AnotherBloke]

I was working for a company for close to 3 years but was recently laid off without warning along with lots of others employees. My company sponsored my work permit with a positive LMIA. I still have another year left on that work permit, but it's a closed worked permit tied to the company. As I understand it, it is no longer valid and I cannot transfer it to another company to gain employment elsewhere. My question is, what is fastest way for me to gain employment? I have rent and other financial obligations that I can't get out of for another year and must continue to pay. I may or may not be eligible for EI benefits, but those wouldn't cover all my expenses.

It seems that I would need to find an employer that wants to hire me and go through the whole LMIA process again. I read that the process takes around 4 months. So I wouldn't be able to work for 4 months until it was approved? And there's apparently no guarantee that they will approve it.

What are the odds of finding an employer who will sponsor me? I am on the list of skilled workers that are in demand. But when I got the LMIA I had been on the IEC and entered my position that way. I did the IEC twice so I can't apply for that again. I was planning on getting PR eventually. This layoff was out of the blue and I don't know what to do. My partner looked into sponsorship and apparently that takes up to 12 months to process and they couldn't afford to financially support me/us long term anyway.

 

[canuck_in_uk]

I was working for a company for close to 3 years but was recently laid off without warning along with lots of others employees. My company sponsored my work permit with a positive LMIA. I still have another year left on that work permit, but it's a closed worked permit tied to the company. As I understand it, it is no longer valid and I cannot transfer it to another company to gain employment elsewhere. My question is, what is fastest way for me to gain employment? I have rent and other financial obligations that I can't get out of for another year and must continue to pay. I may or may not be eligible for EI benefits, but those wouldn't cover all my expenses.

It seems that I would need to find an employer that wants to hire me and go through the whole LMIA process again. I read that the process takes around 4 months. So I wouldn't be able to work for 4 months until it was approved? And there's apparently no guarantee that they will approve it.

What are the odds of finding an employer who will sponsor me? I am on the list of skilled workers that are in demand. But when I got the LMIA I had been on the IEC and entered my position that way. I did the IEC twice so I can't apply for that again. I was planning on getting PR eventually. This layoff was out of the blue and I don't know what to do. My partner looked into sponsorship and apparently that takes up to 12 months to process and they couldn't afford to financially support me/us long term anyway.

There is no fast way. It is extremely hard to find an employer willing to go through the LMIA process. Even if you do, you can expect it to take many months before you are actually able to work again.

A requirement of qualifying for EI is that you be able to work. With a closed work permit, you can't just start another job, so you will likely not qualify for EI.

If your partner is a Canadian citizen/PR and you are common-law or married, you really should look into sponsorship.

 

[AnotherBloke]

Thanks for your reply. From what I read I wouldn't be permitted to work for 12 months during the spousal sponsorship processing period. And they don't make enough to financially support us both.So that wouldn't work at this point. This seems really unfair to temporary foreign workers. I am legally bound to several things that I can't get out of. Trying to get out of my lease for example, would be impossible. They struggle to find tenants for the other units. Meaning I'd have to pay off the entire year at once if I wanted to leave without being sued. Which is not something I could even afford. I'm starting to panic at the lack of options!

 

[canuck_in_uk]

Thanks for your reply. From what I read I wouldn't be permitted to work for 12 months during the spousal sponsorship processing period. And they don't make enough to financially support us both.So that wouldn't work at this point. This seems really unfair to temporary foreign workers. I am legally bound to several things that I can't get out of. Trying to get out of my lease for example, would be impossible. They struggle to find tenants for the other units. Meaning I'd have to pay off the entire year at once if I wanted to leave without being sued. Which is not something I could even afford. I'm starting to panic at the lack of options!

You need to do a bit more reading about sponsorship. If you apply for sponsorship inland, you will be granted an Open Work Permit in 2-4 months. If you apply for sponsorship outland, there is no work permit but you can return to your country to work while waiting for the app to process and come back to Canada when it is approved; outland apps generally take less than a year, depending on where you are from. Of course, this is assuming that you and your partner are already common-law or married.

Unfortunately, the situation you are in is a risk that is taken when deciding to come to a foreign country to work. It sucks but that's how it is.

 

[drewinoakville]

I was laid off in a reorg and allowed to stay until work permit expiration (just got a new one under implied status with new job). Am American so no LMIA needed and covered under NAFTA. I was able to receive EI. As for your EI, if you had anything taken from your paycheck, then you at least should have a say before them. Just go to Service Canada and sit down with them and discuss your options. If they say you don't qualify then ask them why they took EI deductions from your pay - perhaps you will get a refund.

With regard to your lease, your landlord will probably not come after you if you leave the country (Canada courts have little say in other countries for civil matters). But best way is to be honest with them and tell them situation. They may let you out with a slight penalty only.

 

[snehamaryjohn]

My Husband is in layoff but employer given LMIA. Will this affect our CSQ and we are getting EI now.