CEC QUERY

[viniblues]

I first came to Canada in 2003 on a study visa. I completed three year diploma in automotive marketing. After completing my diploma I got a two year work permit. Unfortunately the job that I did was not under NOC and hence my pr got refused. Then I took admission in another course and when my visa expired I had to go back to india in 2008.
After two years my friend applied for my work permit application and I came back to Canada on a work permit. Th title was not under skilled category but then I applied for another LMO and was accepted as a retail trade manager(sales). The salary listed on my lmo was about $42000 but I am not making that much money. So my question is if I apply under CEC will immigration check that I was making the same salary as stated in the LMO. Italked with my friends who applied under CEC and they were posted as managers and they were making less than what a manager should be making. But since my permit was thru LMO will immigration check my salary. Please advice..

 

[jes_ON]

viniblues - YOU would not be penalized for making less than stated in the LMO, but understand that your employer could be. CIC and HRSDC view this as abuse of a foreign worker.

You have to get a Letter of Employment from your employer attesting to your salary (among other terms of employment). If your employer tells the truth in the letter, CIC could in fact inform HRSDC that your employer was in violation of the LMO agreement. If your employer lies in the letter and writes the amount that is stated in the LMO, CIC will know this is a lie based on your T4s and Notice of Assessment.

See "Ban for Non-Compliant Employers"
http://www.cicnews.com/2011/03/announced-temporary-foreign-worker-program-03835.html

If your employer is aware of this, they may refuse to write the Letter of Employment; for some employers, these penalties are of little consequence. In any case - don't let it stop you. If your employer gets in trouble, they deserve it (in my opinion).

 

[viniblues]

thanks but i have talked with couple of my friends and they told me that CIC does not care abt the money u make.. the only reason why they ask for t4 is because they want to make sure that we paid taxes and all. i had two friends who were managers one being finance manager and he was making $12 a hour ... cic never bothered him when he applied under CEC the same category which i wanna apply.

 

[jes_ON]

They do not care what your salary is, however they do care about abuse of foreign workers since new legislation passed earlier this year. Some IOs will notice, some will not. Either way, as I stated, it will not affect you.

 

[viniblues]

thank u jes-on... u cleared a big doubt for me....thanks

 

[viniblues]

I am currently on a work permit and my work permit expires in may 2012. the company that i am working for is not going great finacially but they are willing to extend my visa. if i get my visa extended and worse come worse the company closes what consequences it will have on my file...

p.s i only need till may 2012 for my one year experience.... so i can put my file after may 2012. but what if the company close after i apply for PR.

please advise

 

[jes_ON]

but what if the company close after i apply for PR.

Doesn't matter, it will not affect your application. You can return to your country if you need to. You either qualify at the time you submit your application, or you don't.