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how to change the status of from low-skilled to skilled worker

Aug 31, 2010
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Good day everyone!

hi, i just wanna ask how can i change my status from low-skilled to skilled worker.
i got here as a food-attendant and after a month, they promoted me as a cook.
Im almost 2 years working as cook now. Is there a way that i change the status of my work permit?
how long does it take? how much is the fee? do i have to ask my boss to do it for me or i can do it by
myself, if i can do it by myself, what are the requirements? and my paper is expiring next year Feb,
can i still apply for change of status?
your response is highly appreciated.
 

nicholas30

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Nov 4, 2008
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You can apply as federal skilled worker as a COOK, or ask your employer to apply through PNP.
 
Aug 31, 2010
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thanks. But i dont think my employer can help me in the PNP, because there are alot of foreign worker in-line before me at my work,
honestly im planning to apply for CEC, but i can't because my status on my paper is low-skilled, you can only apply if your status is
skilled and have experience for atleast 2 years.. so i just wanna change the status of my work permit first. thanks for the info by the way..
 

Leon

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Jun 13, 2008
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Your employer needs to get a new LMO for you for the position of cook and you can use that to get a new work permit issued. The new work permit costs $150.

I don't think CEC will give you credit for the past 2 years experience as a cook when you were on a low skilled permit but who knows, you can try it with a letter from your employer stating that this is what you were doing. They will at least give you credit for the next 2 year experience as a cook after you change your permit.

You can also apply as a cook under the skilled worker program if you have enough points.
 

rubyalabar

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Sep 8, 2010
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Leon said:
Your employer needs to get a new LMO for you for the position of cook and you can use that to get a new work permit issued. The new work permit costs $150.

I don't think CEC will give you credit for the past 2 years experience as a cook when you were on a low skilled permit but who knows, you can try it with a letter from your employer stating that this is what you were doing. They will at least give you credit for the next 2 year experience as a cook after you change your permit.

You can also apply as a cook under the skilled worker program if you have enough points.
quick question Leon, isn't working in a job other than that stated in the LMO and work permit a violation? my husband qualifies as an industrial electrician but since his work permit is for "Production Crew", the Engineering manager at his company won't consider him the reason being, his work permit does not allow my husband to work in the job other than the one he was given a work permit for.
 

Leon

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rubyalabar said:
quick question Leon, isn't working in a job other than that stated in the LMO and work permit a violation? my husband qualifies as an industrial electrician but since his work permit is for "Production Crew", the Engineering manager at his company won't consider him the reason being, his work permit does not allow my husband to work in the job other than the one he was given a work permit for.
Yes, I do believe it is a violation but I doubt it is a serious enough violation to really get in trouble for it. It's not like the person is working without a permit or for a different employer than they have the permit for. In the real world, employers need to move people around sometimes. Hopefully somebody will answer this who has experienced doing just that and can say if this is a big problem or not.
 

angelbrat

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Oct 31, 2009
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Leon said:
Yes, I do believe it is a violation but I doubt it is a serious enough violation to really get in trouble for it. It's not like the person is working without a permit or for a different employer than they have the permit for. In the real world, employers need to move people around sometimes. Hopefully somebody will answer this who has experienced doing just that and can say if this is a big problem or not.
To be honest, I think it depends on the IO reviewing the application. Some will cause a stink about it and some will not. Personally, I would not inform CIC you have been working in a job not stated on your work visa but ask your employer to apply for the new LMO, stating your new job description.

Once you get the new LMO and work visa, then start counting the 2 years from there. I know this seems a long way around but if you do get an IO in a pissy mood, whom knows you have been working in a different position, you may well end up not getting a work visa.... period.
 
Aug 31, 2010
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Thanks for the info, i guess the best thing to do is to talk to my boss regarding this issue, thanks for giving me an idea.
and i think its not a violation, because if the company need people to work on a certain job, rather than hiring another person
outside, why not promote the one the they have since they already know how the operation works especially in restaurant business
or any other business, i got a lot of friends with the same situation and they said its not a violation and as long as your employer back you up
with letter or certification.
 

jes_ON

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foreignworker69 said:
Thanks for the info, i guess the best thing to do is to talk to my boss regarding this issue, thanks for giving me an idea.
and i think its not a violation, because if the company need people to work on a certain job, rather than hiring another person
outside, why not promote the one the they have since they already know how the operation works especially in restaurant business
or any other business, i got a lot of friends with the same situation and they said its not a violation and as long as your employer back you up
with letter or certification.

The job duties you perform must match those those for which you were approved. Whatever your rationale, whatever your friends say, you do not make the rules, the Government of Canada does, through CIC and HRSDC. It IS a violation to change positions without authorization, even with the same employer. You could be banned from Canada, and your employer could be banned from hiring other foreign workers. But in most cases, HRSC will work to try to get your employer into compliance.

Get your new LMO and new work permit, that is the right step. And start counting your experience from that point forward...
 

Leon

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It definitely is a violation because the LMO is issued for that particular job for which the employer advertised, proving that he could not a Canadian before he got that LMO. However, I don't think it's a serious violation because I was working for a big company that definitely had good access to legal advise and they moved people around all the time between production and office jobs and I am sure they did not change their work permits each time. When however a guy wanted to start working there while waiting for this work permit to get changed from another employer, they said no way. He was allowed to be in the building and watch in case he might learn something but we had strict instructions that he was not to touch anything.
 
Aug 31, 2010
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thank you everyone for sharing all the information, i agree, the best way to solve this is to get a new LMO and Work permit as a cook,..