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Could be separated from family, please help

emjay025

Star Member
Jan 2, 2011
96
1
Category........
Visa Office......
Buffalo --> Transferred to New York
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
CIO - Mar 22, 2010; Full docs to Buffalo mid-Oct, 2010
AOR Received.
1st - June 24, 2010; 2nd - Jan 7, 2011
File Transfer...
Transferred to New York, Nov 16, 2011
Med's Request
Mar 6, 2012
Med's Done....
Mar 14, 2012
Interview........
Waived
Passport Req..
Apr 5, 2012
VISA ISSUED...
May 4, 2012
LANDED..........
May 12, 2012
I am in a serious dilemma and all of the information online does not address my specific case. I'm really hoping some of the seniors here can help in advising what I can do here.

Currently, my PR application is at the NY Visa Office since last month, and I initially sent my PR application at the end of March 2010.

After I graduated at a university in Toronto, I got a permanent full time job with one of the big financial institutions here and was using a PGWP from June 2008 until June of this year. At the end of June, I received a temporary work permit after applying for it, but it is only valid until June 2012.

I also got married in Toronto September 2009 and had a baby July 2011.

With all of that, it seems that I fit the mould of a foreigner that Canada would let in: can get a job and contribute to economy, adaptable, my only immediate family (wife and kid) are here in Toronto, etc etc. However, to me the situation seems to dim because my work permit expires in 6 months, June 2012, and I'm kind of doubting my PR application will be completely processed before then.

What can I do? There's got to be a way to extend my LMO/work permit or get some sort of status to be able to stay with my Canadian family and support them while I wait out the process.

Please please help, as I am unsure what to do and the CIC and HRSDC websites are very vague in relation to specific cases like this.
 

scylla

VIP Member
Jun 8, 2010
95,001
21,595
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is your wife a Canadian citizen or PR?
 

mitali

VIP Member
Sep 7, 2008
3,251
474
Job Offer........
Pre-Assessed..
emjay025 said:
I am in a serious dilemma and all of the information online does not address my specific case. I'm really hoping some of the seniors here can help in advising what I can do here.

Currently, my PR application is at the NY Visa Office since last month, and I initially sent my PR application at the end of March 2010.

After I graduated at a university in Toronto, I got a permanent full time job with one of the big financial institutions here and was using a PGWP from June 2008 until June of this year. At the end of June, I received a temporary work permit after applying for it, but it is only valid until June 2012.

I also got married in Toronto September 2009 and had a baby July 2011.

With all of that, it seems that I fit the mould of a foreigner that Canada would let in: can get a job and contribute to economy, adaptable, my only immediate family (wife and kid) are here in Toronto, etc etc. However, to me the situation seems to dim because my work permit expires in 6 months, June 2012, and I'm kind of doubting my PR application will be completely processed before then.

What can I do? There's got to be a way to extend my LMO/work permit or get some sort of status to be able to stay with my Canadian family and support them while I wait out the process.

Please please help, as I am unsure what to do and the CIC and HRSDC websites are very vague in relation to specific cases like this.
Yes, Of course you can extend your stay while you are waiting for the processing of PR to complete.

Firstly, I dont believe that you have a PERMANENT FULL TIME job...as you are under the category of Temporary foreign worker and have an LMO...Pl check your paper work.

You can request your employer to extend your LMO....which would include the process for them to advertise (on Jobbank and local website and news paper) for your position and confirm that that they have made efforts to confirm that there are no PR or Citizen available for your Position. Once you get confirmation for a POSITIVE LMO from HRSDC then you will have to apply for Work Permit outside Canada...maybe at Buffalo or Seattle. These procedures take time and this is a good time to initiate the paperwork.

Secondly, if your employer refuses to go for LMO,, then you will have to apply for "EXtension of stay" as a VISITOR before the expiry of the current work permit. Processing of such applications take place in Vegrevliie. You will need to indicate the appropriate reasons for remaining back in Canada.....Processing of PR in progress is one such reason.

If you apply for Visitor permit, you will have to inform your VO of the current status and since you will be out of job...that info has to be intimated too. You will also have to show POF to VO because now the status has changed and the CURRENT job is not available to continue. You cannot have a job on Visitor permit.

Mitali
 

emjay025

Star Member
Jan 2, 2011
96
1
Category........
Visa Office......
Buffalo --> Transferred to New York
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
CIO - Mar 22, 2010; Full docs to Buffalo mid-Oct, 2010
AOR Received.
1st - June 24, 2010; 2nd - Jan 7, 2011
File Transfer...
Transferred to New York, Nov 16, 2011
Med's Request
Mar 6, 2012
Med's Done....
Mar 14, 2012
Interview........
Waived
Passport Req..
Apr 5, 2012
VISA ISSUED...
May 4, 2012
LANDED..........
May 12, 2012
Scylla -- my wife is a Canadian Citizen.

Mitali, under HR Canada, I'm probably not considered permanent, for sure. But my company hired me with no end date, and the contract was for a permanent full time position. When I applied under my PGWP, they gave me the job as permanent full time, not a temporary position.

I knew about he extension of LMO, but the difficulty comes when I consider my job position. Again, it's not a temporary job, so if my employer does advertise for a position, it would be for a new job, not the one I currently have.

To be honest, I am fully supporting my Canadian wife, who is currently on maternity leave, and my child. So it would definitely be quite the dilemma if I couldn't work while I was here.