IEC Expiring & Want To Stay

[Chamboss]

Hello All,

I have made numerous calls to CIC and Service Canada and I am truly confused and do not know what to do next...

My Situation:

I am from Australia and 32 years of age, I am currently on an IEC Work Permit which expires early March 2016. I wish to stay on and continue to work but I cannot apply for another IEC Work Permit because of my age.

I currently work as a golf instructor for the entire time I have been in Canada (March 2014) and wish to continue in my current role. My employer wants me to stay on but my employer cannot complete a LMIA as I don't have set hours or a salary. I use their facility to complete my job and I get paid by my clients for the work that I do, in no way whatsoever does my employer pay me a salary or wage to be there, hence why a LMIA can't be completed.

What are my options to stay and keep working in my current role?

I have been told about the PNP but BC have closed that for this year unfortunately and I am confused about the CEC and Foreign Skilled Worker Program, would I qualify for those as I have a university degree, skills that are required for my job,various diplomas and have got Canadian work experience.

Also how long does it take for these permits to come through and if I don't get one before my IEC expires, do I have to cease work or am I allowed to keep working until a final decision is made?

Any advice would be extremely helpful as I am panicking about my options and the pressure from my employer to get this sorted is getting bigger and don't want them to look at other options if this is all "too hard" for them.

Thanks in advance!!

 

[Lammawitch]

Start here for information about CEC via Express Entry & eligibility:
http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

(I'm not sure how your arrangement/remuneration with/by your "employer" works; are you self employed? An independent contractor?)

If you apply for PR via Express Entry and your visa doesn't come through before your IEC expires, you would have to stop working and change to visitor status if you wish to remain in Canada until a decision is made.

 

[Chamboss]

Start here for information about CEC via Express Entry & eligibility:


(I'm not sure how your arrangement/remuneration with/by your "employer" works; are you self employed? An independent contractor?)

If you apply for PR via Express Entry and your visa doesn't come through before your IEC expires, you would have to stop working and change to visitor status if you wish to remain in Canada until a decision is made.

Thanks for your help.

I work for my employer but I only get paid for the golf instructing that I complete and I pay a % of my earnings to my employer for allowing me to use their facility to teach, so I guess that is an independent contractor?

Thanks.

 

[scylla]

IEC don't benefit from implied status. This unfortunately means that you must have a new and approved work permit in hand before your IEC expires next March if you want to keep working. Otherwise you have to stop working as soon as your IEC expires.

To qualify for CEC you need to have completed a minimum of 52 weeks of work where you have worked at least 30 hours each week. Do you meet that criteria? The other complicating factor from a CEC perspective is the fact you are an independent contractor. I know last year independent contractors weren't being accepted under CEC. Maybe this has changed?

For FSW, the key is having sufficient points to be selected under Express Entry. If you calculate your Express Entry points and have 450 or more points - then you'll most likely be selected. Less than 450 points and you're probably out of luck. Note that you cannot claim 600 points for having a job offer in Canada since you need an approved LMIA to claim these points (which you've said you can't get).

I'm unfortunately not that familiar with BC PNP.

 

[Quink]

I feel for you, I really do. I was in an almost identical situation to yours in 2013 - I was 32, from Australia, and doing work as an independent contractor. So I can definitely sympathise with your dilemma.

This is not news you're going to want to hear, but the options are extremely limited for you to be able to both stay in Canada and also continue with the job you're currently doing. I had to take a full time NOC-B job (luckily with one of the companies that I was contracting to) in order to qualify for the BCPNP, and even then because of processing delays I had to stop work for nearly 7 months in 2014 while I waited for my nomination. And luckily again, my employer was good enough to hold the job for me and have someone cover it while I was waiting - something that I doubt many employers would do.

I would have liked to go with the CEC stream but unfortunately my work as a contractor did not count towards the hours needed, and I'd be surprised if yours did too. Not sure what to suggest - if you can convince your "employer" to actually employ you then you might have more options. But it doesn't sound like your job works like that. You may need to consider making a temporary career change to something that will allow you to qualify to stay.

One thing that I didn't do that I regret, is that I tried to figure it out on my own rather than going and seeing a lawyer. For around $300ish (depending who you see) you can get an initial consultation and get expert advice on what your options really are. If I'd done that when I still had 6 months left on my visa I probably could have avoided the 7 months of missed work thanks to applying late.

Best of luck! It's a scary time but totally worth it if you can find a way to stay here. Although now that Tony Abbott's gone, Australia probably isn't such a bad place to return to anymore...

 

[Chamboss]

I feel for you, I really do. I was in an almost identical situation to yours in 2013 - I was 32, from Australia, and doing work as an independent contractor. So I can definitely sympathise with your dilemma.

This is not news you're going to want to hear, but the options are extremely limited for you to be able to both stay in Canada and also continue with the job you're currently doing. I had to take a full time NOC-B job (luckily with one of the companies that I was contracting to) in order to qualify for the BCPNP, and even then because of processing delays I had to stop work for nearly 7 months in 2014 while I waited for my nomination. And luckily again, my employer was good enough to hold the job for me and have someone cover it while I was waiting - something that I doubt many employers would do.

I would have liked to go with the CEC stream but unfortunately my work as a contractor did not count towards the hours needed, and I'd be surprised if yours did too. Not sure what to suggest - if you can convince your "employer" to actually employ you then you might have more options. But it doesn't sound like your job works like that. You may need to consider making a temporary career change to something that will allow you to qualify to stay.

One thing that I didn't do that I regret, is that I tried to figure it out on my own rather than going and seeing a lawyer. For around $300ish (depending who you see) you can get an initial consultation and get expert advice on what your options really are. If I'd done that when I still had 6 months left on my visa I probably could have avoided the 7 months of missed work thanks to applying late.

Best of luck! It's a scary time but totally worth it if you can find a way to stay here. Although now that Tony Abbott's gone, Australia probably isn't such a bad place to return to anymore...

Thanks so much for the info, I think I might just go and see a lawyer and see what they say...but I think I am pretty much screwed, not that Australia is such a bad place to go back too, we just really enjoy Canada.

I had two jobs here in 2014, one was contracting work for the same employer as I have now and the other was fixed hours (30-35 per week) and wage and I did that from March 2014 to Feb 2015...would that count for CEC?

Also what about the Foreign Skilled Worker Program...I am educated and the job I have requires knowledge and skills?

I feel like I am beating my head against a drum haha!

THanks again!!!

 

[Lammawitch]

Thanks so much for the info, I think I might just go and see a lawyer and see what they say...but I think I am pretty much screwed, not that Australia is such a bad place to go back too, we just really enjoy Canada.

I had two jobs here in 2014, one was contracting work for the same employer as I have now and the other was fixed hours (30-35 per week) and wage and I did that from March 2014 to Feb 2015...would that count for CEC?

Also what about the Foreign Skilled Worker Program...I am educated and the job I have requires knowledge and skills?

I feel like I am beating my head against a drum haha!

THanks again!!!

Re bold: No, unfortunately , under a year.

FSW might be possible: start here:
http://www.cic.gc.ca/english/Immigrate/skilled/index.asp

Read & follow links.

Basically you need at least 67 points to qualify for FSW on the "come to Canada tool"; then over 450 points on the CRS points calculator to have a chance of an ITA through Express Entry for FSW.

Have a good read of the above link, and also the Express Entry section of this forum.

Good luck

 

[copypaper]

If your employer was willing to hire you AND you are a very accomplished golfer, you could also seek an LMIA-exempt work permit under the "significant benefit to Canada" exemption.

See http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/benefit.asp for details.

 

[Chamboss]

If your employer was willing to hire you AND you are a very accomplished golfer, you could also seek an LMIA-exempt work permit under the "significant benefit to Canada" exemption.

.

Thanks!

What is the likelihood of this going through and how long does it take? I couldn't find a process on CIC website for this.

I think it is best to go and see a lawyer?

Thanks.

 

[copypaper]

Processing times are same as any other LMIA exempt work permit. If you are unsure how to apply for a work permit, read read read, or seek the assistance of a consultant or lawyer.

Need to be very accomplished, think world class, for best chances.

See http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/benefit.asp for details.