Applying for PRS after years of working in Canada, new police certificate?

[JohnEurope]

If I enter Canada with all the necessary documents (birth certificate, proof of work experience, school degrees, list of places where I lived, ...) and a blank police certificate from my native country (the only country where I ever lived, police certificate not older than 3 months when I apply for a work permit, I would probably do flag poling - have the language and experience skills to find a job very fast in the restaurant or other business) ...

Suppose I stay and work in Canada for 3 or more years (passport from my original counrty would be valid for 5 years) and I wish to apply for permanent resident status, will I have to provide a new police certificate from my native country even if I haven't left Canada since I arrived? (ofcourse I suppose I would need a police certificate from the years I've been in Canada - would they still do a background check in my native country after not having left Canada since I worked there legally and haven't left the country for several years?)

(minor question: how easy is it to switch jobs with a work permit that's valid for let's say 1 year?)

 

[scylla]

In order for you to be able to apply for a work permit, the company wishing to hire you will first have to apply for an LMO (Labour Market Opinion). See here for further information about LMOs: http://www.cic.gc.ca/english/work/employers/lmo-basics.asp#tphp%20idtphp

If you want to switch jobs, your new employer will have to apply for a new LMO.

If you apply for PR status at some point in the future, you will need new police certificates. Police certificates cannot be older than three months at the time of their submission.

 

[JohnEurope]

Will I then need a new police certificate from my native country or from Canada if I haven't left since I've worked in Canada? That's not completely clear to me. Thanks!

 

[scylla]

A new police certificate from your native country will be mandatory.

Even if you haven't live somewhere for 25 years, you must still provide a recent police certificate when applying for PR.

 

[scylla]

I would recommend that you read through the LMO link I provided when you have time so that you understand what an employer will have to do in order to hire you. This will likely change your opinion of how easy it will be to find a job and apply for a work permit once you arrive.

The LMO process is fairly involved. The employer has to prove that they advertized the job on Canadian job boards (to attract a Canadian applicatant). They also have to prove that they were unable to find a qualified Canadian to do the job because they require a candidate with specialized skills and experience - and therefore have to hire a foreigner. The entire process typically takes a couple of months. As a result, an employer has to be willing to both spend the time and also have an un-filled role for that period of time.

I don't know what type of job you were planning on applying for. However if it was something along the lines of being a waiter or bartender, then it's unlikely that an LMO will be successful (because there are plenty of Canadians who could do that job or be trained to do that job).

Good luck.

 

[JohnEurope]

In fact I read that 'restaurant and food service managers' are on the list of skilled workers (on the site of the CIC), and I speak 3 languages fluent (English, French and another language), and manage to speak 2 other languages in a mediocre way (I would apply for a job in Montreal). Wouldn't I be able to start working with an official job offer when I did flag poling (at the border with the US)? Ofcourse starting to work without a temporary work permit is also a possibility, but I guess that imposes some risks. Thanks!

John

 

[scylla]

Here's the list of jobs that require a work permit but no LMO:

http://www.cic.gc.ca/english/work/apply-who-permit.asp

If you're covered by NAFTA, see here for information on whether an LMO is required:

http://www.cic.gc.ca/english/work/special-business.asp#tphp%20idtphp

Here's the list of jobs that do not require a work permit (also no LMO):

http://www.cic.gc.ca/english/work/apply-who-nopermit.asp

 

[JohnEurope]

Thank you for your quick response! I suppose it's not possible to get a 'labour opinion' when flagpoling? But can flagpoling speed up the process? Thanks.

John

 

[scylla]

The LMO is something that your employer must apply for and be approved for (not you). So no - flagpoling does not speed up the LMO process and you cannot obtain an LMO when flagpoling. If an LMO is required, you must have it with you when you flagpole for your work permit - or the work permit will be denied.

 

[JohnEurope]

Is there any legal way to temporary start working while waiting for the LMO approval? If not, what's the average duration for approval? I read somewhere that the LMO approval is pro forma and most of the time not a problem if the employer is willing to recruit you.

John

 

[scylla]

No - there's no legal way to work temporarily while the LMO is being processed.

I don't know for certain how long the LMO process takes but have seen people on this board mention a couple of months. (Keep in mind that before the paperwork is even submitted to the government, the employer first has to post the job for a minimum of two weeks to see if any Canadians apply.) I would recommend that you search old posts for "LMO" and see what pops up in terms of time lines.

I don't know what the refusal/acceptance rates of LMOs are. However some are certainly rejected. When you search for old LMO posts, you should find some of these stories and information about why these LMOs were refused.

I do not believe LMOs are pro forma. HRDC expects the employer to prove they cannot hire a Canadian.

The challenge you'll face with the LMO is that some companies/employers simply aren't interested in going through with them. It takes a fair amount of work on their part (read: red tape), it means they have to leave a role unfilled for a few months, and there's no guarantee the LMO will be approved at the end. All of this unfortunately adds up to "too much trouble" for some employers. This doesn't mean you shouldn't try! But be prepared for the fact that some will react to the LMO this way.

 

[PMM]

Hi

Is there any legal way to temporary start working while waiting for the LMO approval? If not, what's the average duration for approval? I read somewhere that the LMO approval is pro forma and most of the time not a problem if the employer is willing to recruit you.

John

1. No you can 't start work without an LMO and Work permit.
2. Depending on the city anywhere from 2-12 weeks.
3. Not exactly pro forma, since if there are PRs/CCs available for the work, then it won't be approved. In 2009 103K approved, in 2008 175K almost a 75% drop in approvals.

 

[angelbrat]

Will be very interesting to see the figures for approved LMO's in 2010. Reading this forum and from my own experience, getting a LMO is getting harder and harder.

To the OP. I understand why you are posting what you are but wishful thinking will not get you that work visa.

First, finding an employer willing to go through the hassle of obtaining the LMO is going to be your first hurdle. Many employers really are not that interested in doing the advertising requirements that Service Canada require. Then, if you do find an employer willing to go through all this and they submit the LMO application, wait times can be months, with the outcome a lot more likely to be negative than positive.

Your question about flag poling is really very redundant until you obtain that positive LMO and work contract.