Hi All,
I seriously need help as I have contacted all the relevant departments and they keep pushing me from pillar to post and evading responsibility of the question I need answered. So I beseech the members of this forum if someone knows the answer or where I can get the answer please respond. Thanks.
MY STORY
I came to Canada on an open work permit and once I got here I decided to stay and make Canada my home. Whilst here I undertook the challenge exams deemed necessary to requalify as a lawyer here in Canada offered by the NCA under the guidance of the Federation of Law Societies of Canada. However, my dilemma is that whilst I wait for my PR papers to be processed I would need to complete my 10 month practicum in order to be called to bar in the province of Ontario. I would rather not wait 13 months to be able to complete a 10 month practicum.
I had anticipated that an articling student would require a work permit but was unsure if an LMO was needed but presumed so, however, I needed to identify the NOC code in order to see the prevailing wage I was shocked to find that a student at law who is yet to be certified by the relevant professional institution per the HRSDC is to be paid the same wage as a full fledged lawyer. I am located in the Toronto Region of Ontario and the prevailing wage here is set at $120,000 the problem is that the HRSDC has I believe wrongly classified an articling student with respects to pay as such positions are typically unpaid and the few that are paid will not be grossing $120K I believe trainee-lawyers on Bay St gross around $75K but nowhere near around the $120K that's being advertised by the HRSDC.
When I contacted the HRSDC the lady I spoke with saw that my dilemma was unique and stated that I contact CIC as she could not answer whether I would need an LMO or work permit for an unpaid practicum I did contact CIC and the lady there also could not answer me and refused to escalate my concern to someone who possibly could answer (I will be calling back and making a complaint granted). She however, advised that CIC do not deal with LMO's and I would need to contact HRDSC when I explained that I was just on the phone with them and that they advised that I should call CIC she then interjected that there was nothing CIC could do and I should call HRSDC and speak with a supervisor.
I contacted HRSDC again and was once again told that it is CIC that deals with work permits when I explained to the lovely lady that I understood that but was calling to find out if a LMO was needed for a practicum which is typically unpaid and those that are, are not being paid at the $120,000 rate that the HRSDC has said is the typical wage; as an articling student falls under NOC code 4112 as an alternative name for a Lawyer or Qubec Notarie. The lady did suggest that since my case is unique that there is some room for deviation from the status quo but each is done on a case by case basis which gave me a glimmer of hope.
However, it still does not answer my question of whether a LMO is needed for an unpaid practicum. She suggested I call CIC again and ask them and even suggested that I should enquire whether such a practicum would be covered under a study permit, unfortunately after spending close to 3 hours going back and forth with each department being told that my question does not concern them I didn't make it through to CIC again before closing.
Might I add the LSUC they themselves do not know if it's a work permit, student permit or visitor record that is needed to do my practicum which is quiet worrying as none of the relevant bodies know the answer or who I should talk to, to find out the answer.
Seeing that the responsibility to find out what is needed for me to complete my practicum and be called to bar here in Ontario falls on my shoulder I was doing some research I came across the Foreign Worker Manual criterion 5.37 dealing with R205(c)(i) C30 and from the little that I have read a work permit is needed but not a LMO however, I do not understand the implications of this rule and would be grateful if someone could explain it to me and advise if it is applicable to my situation. As if I have to wait 2 years before I can begin to work as a lawyer it defeats the purpose of me immigrating to Canada.
Furthermore, the few immigration lawyers that I have spoken to are dumbfounded as my situation is unique and they do not deal with such areas so were unable to advise accordingly. The only department that I am yet to contact is the CBSA. Hopefully they or someone here in this forum could help.
***CAVEAT***
### - Please DO NOT provide me with any impractical or negative advise. If you are unaware of how to help or answer my question but do know of an amazing top-notch immigration lawyer please provide me with their contact information. If sadly you are unable to give helpful and positive advise and know of no immigration lawyer please keep it moving and remained blessed - ###
Kindest Regards,
Confused_Soon_To_Be_Articling_Student
I seriously need help as I have contacted all the relevant departments and they keep pushing me from pillar to post and evading responsibility of the question I need answered. So I beseech the members of this forum if someone knows the answer or where I can get the answer please respond. Thanks.
MY STORY
I came to Canada on an open work permit and once I got here I decided to stay and make Canada my home. Whilst here I undertook the challenge exams deemed necessary to requalify as a lawyer here in Canada offered by the NCA under the guidance of the Federation of Law Societies of Canada. However, my dilemma is that whilst I wait for my PR papers to be processed I would need to complete my 10 month practicum in order to be called to bar in the province of Ontario. I would rather not wait 13 months to be able to complete a 10 month practicum.
I had anticipated that an articling student would require a work permit but was unsure if an LMO was needed but presumed so, however, I needed to identify the NOC code in order to see the prevailing wage I was shocked to find that a student at law who is yet to be certified by the relevant professional institution per the HRSDC is to be paid the same wage as a full fledged lawyer. I am located in the Toronto Region of Ontario and the prevailing wage here is set at $120,000 the problem is that the HRSDC has I believe wrongly classified an articling student with respects to pay as such positions are typically unpaid and the few that are paid will not be grossing $120K I believe trainee-lawyers on Bay St gross around $75K but nowhere near around the $120K that's being advertised by the HRSDC.
When I contacted the HRSDC the lady I spoke with saw that my dilemma was unique and stated that I contact CIC as she could not answer whether I would need an LMO or work permit for an unpaid practicum I did contact CIC and the lady there also could not answer me and refused to escalate my concern to someone who possibly could answer (I will be calling back and making a complaint granted). She however, advised that CIC do not deal with LMO's and I would need to contact HRDSC when I explained that I was just on the phone with them and that they advised that I should call CIC she then interjected that there was nothing CIC could do and I should call HRSDC and speak with a supervisor.
I contacted HRSDC again and was once again told that it is CIC that deals with work permits when I explained to the lovely lady that I understood that but was calling to find out if a LMO was needed for a practicum which is typically unpaid and those that are, are not being paid at the $120,000 rate that the HRSDC has said is the typical wage; as an articling student falls under NOC code 4112 as an alternative name for a Lawyer or Qubec Notarie. The lady did suggest that since my case is unique that there is some room for deviation from the status quo but each is done on a case by case basis which gave me a glimmer of hope.
However, it still does not answer my question of whether a LMO is needed for an unpaid practicum. She suggested I call CIC again and ask them and even suggested that I should enquire whether such a practicum would be covered under a study permit, unfortunately after spending close to 3 hours going back and forth with each department being told that my question does not concern them I didn't make it through to CIC again before closing.
Might I add the LSUC they themselves do not know if it's a work permit, student permit or visitor record that is needed to do my practicum which is quiet worrying as none of the relevant bodies know the answer or who I should talk to, to find out the answer.
Seeing that the responsibility to find out what is needed for me to complete my practicum and be called to bar here in Ontario falls on my shoulder I was doing some research I came across the Foreign Worker Manual criterion 5.37 dealing with R205(c)(i) C30 and from the little that I have read a work permit is needed but not a LMO however, I do not understand the implications of this rule and would be grateful if someone could explain it to me and advise if it is applicable to my situation. As if I have to wait 2 years before I can begin to work as a lawyer it defeats the purpose of me immigrating to Canada.
Furthermore, the few immigration lawyers that I have spoken to are dumbfounded as my situation is unique and they do not deal with such areas so were unable to advise accordingly. The only department that I am yet to contact is the CBSA. Hopefully they or someone here in this forum could help.
***CAVEAT***
### - Please DO NOT provide me with any impractical or negative advise. If you are unaware of how to help or answer my question but do know of an amazing top-notch immigration lawyer please provide me with their contact information. If sadly you are unable to give helpful and positive advise and know of no immigration lawyer please keep it moving and remained blessed - ###
Kindest Regards,
Confused_Soon_To_Be_Articling_Student
