Action Plan advice

[ISS]

I’ve been asked by a friend to help a TFW who moved to Canada through the TFWP on a one year work permit.

This is the information I have:

• Her work permit comes to an end Feb 22, 2016.
• Her employer currently is advertising for a more qualified replacement for her position
• He’s in the the process of obtaining a LMIA
• He is not interested in providing her with a full-time, permanent, non-seasonal Job Offer or LMIA
• She could still work for him but he’s not willing to commit to a FT, permanent position for another year
• She will have her results from her IELTS on Feb 6
• She does not want to return to Japan

I willing to help her navigate the system to allow her to continue to work in Canada and ultimately become a permanent resident.

But I’m confused by the CIC process and so scared to give her the wrong advice.

The clock is ticking and I need someone to layout a roadmap for her. Any advice on path that has the greatest chance for success would be appreciated

If you need some additional information let me know.

Thanking you in advance

 

[scylla]

Her options are very limited. If she and you are uncomfortable understanding them on your own, you should hire an immigration consultant or lawyer. We'll answer questions here generally. But there's still a great deal of research the two of you will have to do on your own in order to understand her options - or alternatively, hire a consultant/lawyer.

In order to stay as a TFW, she needs to find a new employer who is willing to offer her a full time job and has an approved LMIA. She won't be able to start working for the new employer until she has the new work permit. If she hasn't found anything in three weeks, she should apply to change her status to visitor so that she can remain in Canada (without working) while she looks for a new employer. Note there is no guarantee the visitor visa will be approved.

If she wants to immigrate, then either she or you will have to spend time reading through Canada's immigration programs to understand what it takes to apply:

http://www.cic.gc.ca/english/immigrate/apply.asp

At best, it would take her a few months to apply to immigrate (if she qualifies) and this won't allow her to remain in Canada.

She should be focused on finding a new employer who already has an approved LMIA so that she can apply fro a new closed work permit tied to that specific employer. This is the most realistic option.

 

[ISS]

Thank you Scylla for your sharing your expertise on this forum and pointing her in the right direction... cheers

 

[ISS]

Re: Action Plan more advice

This information was not found on the CIC website ... is it correct?

Could her current employer apply for this type of Labour Market Impact Assessment


Permanent Job Offer for an NOC 0, A or B position
- No application fee
- Does not lead to a work permit BUT
- Supports your Express Entry application
- Approx. 10 – 20 days to process


I found the information below on the CIC website. Is it just referring to someone who had an open work permit?

My work permit expired and I did not apply to extend it. Can I stay and keep working in Canada?

You can apply to restore your work permit in the first 90 days after it expires. If you do this, you can stay in Canada until you get further instructions, but you must stop working until you receive your restored work permit. There is no guarantee that your application will be approved.
Otherwise, you must leave Canada right away when your work permit expires. If you do not leave, you could be deported and will need permission from an immigration officer to come back.

To restore your work permit:
• send an Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta,
• on the form, say you are asking for your status to be restored and your work permit extended, and explain why you stayed in Canada longer than allowed, and
• pay C$200 to for your status to be restored and C$155 for the work permit itself (for a total of C$355).

 

[scylla]

No - you cannot keep working once the work permit has expired. You should have stopped working as soon as you hit the work permit expiry date. Working during the restoration period is illegal.

 

[ISS]

Sorry for the confusion Skylla... She has no intention of working without a working permit. What I was referring to Q/A I found on the CIC website.

Question: "My work permit expired and I did not apply to extend it. Can I stay and keep working in Canada?"

Answer: You can apply to restore your work permit in the first 90 days after it expires. If you do this, you can stay in Canada until you get further instructions, but you must stop working until you receive your restored work permit. There is no guarantee that your application will be approved.
Otherwise, you must leave Canada right away when your work permit expires. If you do not leave, you could be deported and will need permission from an immigration officer to come back.

I think the Q&A on the CIC is referring to someone with an Open Work Permit... is this correct?

To restore your work permit:
• send an Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta,
• on the form, say you are asking for your status to be restored and your work permit extended, and explain why you stayed in Canada longer than allowed, and
• pay C$200 to for your status to be restored and C$155 for the work permit itself (for a total of C$355).


The other question was regarding an employer filing for this type of Labour Market Impact Assessment just to help her with an Express Entry application and not a Work Permit

Permanent Job Offer for an NOC 0, A or B position
- No application fee
- Does not lead to a work permit BUT
- Supports your Express Entry application
- Approx. 10 – 20 days to process


Thank you