I sincerely hope that the expertise on this forum can help solve my very complex immigration problem.
I am a British Citizen, Male, 42, and a single father of a 15 year old son. I arrived in Canada at Calgary Airport in February 2012, in possession of a positive LMO for a Live-in Caregiver (NOC 6474). My prospective employer is my older sister, a PR of Canada for 8 years. The responsibility of the role, is to provide care for my 18 year old autistic niece, and secondly, my 12 year old nephew. My sister was abandoned by the children’s father a couple of years ago, and her job requires her to travel across Canada fairly frequently throughout the year. Myself and my family have visited many times over the last couple of years to provide support and assistance.
My career to date has been diverse, with my main area of employment being Health & Safety Management/Inspector/Advisor (NOC 7216), also Manufacturing Management/Supervision, and Caring for my elderly parents and also my niece, at various stages since she was 3 years old.
On arrival at the airport, during an evening in February, we were informed that there was a problem with my medical (which i took in August 2011 in the UK, at the request of Immigration), and i would not be issued with the 2 year work permit. The next hour or so was all a bit of a blur! I am, and always have been, in very good health. Finally, i was issued with a 2 year work permit, due to Immigration not recognising the code used for the rejection of my medical, and being out of office hours, not being able to contact the appropriate department. What i can remember, is that no information was given as to the reason for the initial rejection.
And so my life in this fantastic country started, and i enjoyed my work immensely. My son started High School in Grade 10 in March, and we spent the next couple of months assessing the possibility of applying for Permanent Residence, which we duly did in May.
In June, i received an email from the Centralized Intake Office informing me that my application had been rejected for the following reasons;
1, Although you have indicated that you have Arranged Employment, the occupation listed on the Labour Market Opinion - 6474 does not meet the 0, A or B skill level requirements of Regulation 82(2)a of the Immigration and Refugee Protection Act (IRPA).
2, As well you have indicated work experience in NOC 7216. A maximum of 10,000 complete Federal Skilled Worker applications, without an offer of arranged employment, or a maximum of 500 complete Federal Skilled Worker applications per National Occupation Classification (NOC) code will be considered for processing each year. Your application was received after the maximum of 500 complete Federal Skilled Worker applications per NOC 7216 was reached.
When i checked my work permit, attached to my passport, it does indeed state the occupation as Babysitters, Nannies & Par Help, and not Live-in Caregiver, as per my positive LMO and also my Contract of Employment.
I suddenly feel quite concerned, and more than a little anxiety. As a single father, my obligation to provide stability for my son is under threat. It seems that the work i am currently doing in Canada will not be considered Arranged Employment for a future FSW application, and neither will it be considered Skilled Work Experience, if i want to apply under the Canadian Experience Class.
I would be forever grateful if any forum members could answer the following questions;
1, Can Canada Immigration withhold details of my failed medical, without informing me at any time?
2, When my 2 year work permit is about to expire, and my application for a further work permit is considered (My sister has assured me that she will require me for at least the next 4 years), will this mystery code for the failed medical rejection come back to haunt me...will i require a further medical?
3, My son will be in his final year of High School, and preparing to graduate when the initial 2 year period is up (Feb 2014). Is there a possibility that Immigration could order our removal from the country, if all applications/extensions have failed?
4, Without an offer of Arranged Employment for a FSW application (if indeed my current position does not qualify), i am dangerously close to failing to reach the required 67 points. It’s all depending on whether my 2 years College/University experience will be treat as such, due to large parts being home learning. The qualifications gained were Certificate in Management (ILM/NEBSM) and the NEBOSH General Certificate (Health & Safety). What are my realistic chances of obtaining PR status?
5, My son will be 18 in August 2014. If i have not secured PR status by this time, does he have to apply himself, and what chance has he got?
6, Will the work i am currently undertaking be considered as experience for a Live-in Caregiver position (rather than my sister simply applying to extend the LMO)?
7, Do i have any other options?
Many thanks for your time.
Regards,
Dave.
I am a British Citizen, Male, 42, and a single father of a 15 year old son. I arrived in Canada at Calgary Airport in February 2012, in possession of a positive LMO for a Live-in Caregiver (NOC 6474). My prospective employer is my older sister, a PR of Canada for 8 years. The responsibility of the role, is to provide care for my 18 year old autistic niece, and secondly, my 12 year old nephew. My sister was abandoned by the children’s father a couple of years ago, and her job requires her to travel across Canada fairly frequently throughout the year. Myself and my family have visited many times over the last couple of years to provide support and assistance.
My career to date has been diverse, with my main area of employment being Health & Safety Management/Inspector/Advisor (NOC 7216), also Manufacturing Management/Supervision, and Caring for my elderly parents and also my niece, at various stages since she was 3 years old.
On arrival at the airport, during an evening in February, we were informed that there was a problem with my medical (which i took in August 2011 in the UK, at the request of Immigration), and i would not be issued with the 2 year work permit. The next hour or so was all a bit of a blur! I am, and always have been, in very good health. Finally, i was issued with a 2 year work permit, due to Immigration not recognising the code used for the rejection of my medical, and being out of office hours, not being able to contact the appropriate department. What i can remember, is that no information was given as to the reason for the initial rejection.
And so my life in this fantastic country started, and i enjoyed my work immensely. My son started High School in Grade 10 in March, and we spent the next couple of months assessing the possibility of applying for Permanent Residence, which we duly did in May.
In June, i received an email from the Centralized Intake Office informing me that my application had been rejected for the following reasons;
1, Although you have indicated that you have Arranged Employment, the occupation listed on the Labour Market Opinion - 6474 does not meet the 0, A or B skill level requirements of Regulation 82(2)a of the Immigration and Refugee Protection Act (IRPA).
2, As well you have indicated work experience in NOC 7216. A maximum of 10,000 complete Federal Skilled Worker applications, without an offer of arranged employment, or a maximum of 500 complete Federal Skilled Worker applications per National Occupation Classification (NOC) code will be considered for processing each year. Your application was received after the maximum of 500 complete Federal Skilled Worker applications per NOC 7216 was reached.
When i checked my work permit, attached to my passport, it does indeed state the occupation as Babysitters, Nannies & Par Help, and not Live-in Caregiver, as per my positive LMO and also my Contract of Employment.
I suddenly feel quite concerned, and more than a little anxiety. As a single father, my obligation to provide stability for my son is under threat. It seems that the work i am currently doing in Canada will not be considered Arranged Employment for a future FSW application, and neither will it be considered Skilled Work Experience, if i want to apply under the Canadian Experience Class.
I would be forever grateful if any forum members could answer the following questions;
1, Can Canada Immigration withhold details of my failed medical, without informing me at any time?
2, When my 2 year work permit is about to expire, and my application for a further work permit is considered (My sister has assured me that she will require me for at least the next 4 years), will this mystery code for the failed medical rejection come back to haunt me...will i require a further medical?
3, My son will be in his final year of High School, and preparing to graduate when the initial 2 year period is up (Feb 2014). Is there a possibility that Immigration could order our removal from the country, if all applications/extensions have failed?
4, Without an offer of Arranged Employment for a FSW application (if indeed my current position does not qualify), i am dangerously close to failing to reach the required 67 points. It’s all depending on whether my 2 years College/University experience will be treat as such, due to large parts being home learning. The qualifications gained were Certificate in Management (ILM/NEBSM) and the NEBOSH General Certificate (Health & Safety). What are my realistic chances of obtaining PR status?
5, My son will be 18 in August 2014. If i have not secured PR status by this time, does he have to apply himself, and what chance has he got?
6, Will the work i am currently undertaking be considered as experience for a Live-in Caregiver position (rather than my sister simply applying to extend the LMO)?
7, Do i have any other options?
Many thanks for your time.
Regards,
Dave.