vivaio said:
thanks for all the feedback so far. not looking very good for me, i was afraid that that would be the case... my employer will freak out after all this work he had with me.
when do i have to notify CIC about the LMO being refused? and how much quicker would they send me the refusal for my work permit application (it was submitted in online). what is the CEC application going to do to all this? does it give me any kind of status while it is being processed (taking 12 months)? or do i have to apply for a tourist visa at the same time to be able to stay in canada? should i go for a student visa, does that allow me stay while i am waiting for the student visa application to be processed?
@ Leon
not sure i understand, but isn't that what happened? employer applied for LMO, i applied for a work just before the current one expired and while the LMO application was being looked at. now i'm working under 'implied status' until CIC tells me my application is refused due to LMO being refused. correct me if i'm wrong.
Vaio Fan! First thing I want to tell you...Everything is going to be ok. It might get tough for you in the beginning, but the fact that you approached this site tells me that you are not panicking and you are thinking faculty is on full alert. That's awesome cuz many people in your situation would not know what to do or where to seek help. So thumbs up for you!
I have been been through the same road and had to resort to Study Permit at the end. First, let me answer your questions point by point.
Seniors & others... Pls do jump in if you know a quicker or better way or if rules have changed since my time (last year same time) or to simply compensate my lack of knowledge. Thank you.
First thing Vaio, it would've been awesome if you'd have given some dates in your initial post. Like when did it all began...when did WP expired etc.
when do i have to notify CIC about the LMO being refused? and how much quicker would they send me the refusal for my work permit application (it was submitted in online).
How do you know its
already refused? Cuz if a decision by CIC has already been taken, that means your stay in Canada is already over. If this is the case, you'd need to leave Canada asap so that you dont jeopardize your CEC application. Any illegal stay in Canada, will put your CEC application at risk. Keep that in mind while making your decisions, cuz that should be your priority#1.
But, if the scene is so that your lawyer or you have just
realized that CIC will most probably refuse it (but havent done so yet)...then you
may have a chance. Again that depends when you applied for LMO and all that timelines, so im completely blind about the time scales here. As long as CIC has not taken the decision yet, you can apply for Visitor/Student visa, perhaps online, and till that visa comes in your mail/hand, you can stay in Canada on implied status. Critical condition for this application is :
CIC has not officially declined your LMO yet.
what is the CEC application going to do to all this? does it give me any kind of status while it is being processed (taking 12 months)?
As long as you don't over stay in Canada, your CEC application will have no impact. But no, CEC application does not give you any right to stay in Canada. I'm sure some friends here will quickly jump in with BOWP, but for that you need to first have your AOR (basically a file no. of your CEC application). Secondly, tell me when did you apply for CEC? Timelines dude!!
or do i have to apply for a tourist visa at the same time to be able to stay in canada?
Yesssssss. You have to apply for
any visa before CIC officially rejects your LMO application. Time is of essence here and you will have to determine (perhaps through your lawyer) when does he/she expects the CIC refusal. Your application has to
reach CIC before that refusal.
should i go for a student visa, does that allow me stay while i am waiting for the student visa application to be processed?
Yes,
any visa application allows you to stay in Canada, till the application is processed from CIC. But the moment you get your LMO refusal,
stop working! Remember, your CEC application is your ultimate thing, you gotta protect that.
You
can also go for Student Visa.
But...do u have time to pass all requirements of getting accepted at any college? If you have already worked out a course, talked to a college already and just have to submit them money. Go ahead. Keep in mind, it will take them few days to send you the offer letter. You need that confirmation to apply for Study Permit. Again...do you have 5-7 days? Are you certain that CIC wont send in that refusal within next 5-7 days. This is something you'll need to figure out A-ZZapp!!! and not just asap.
I have answered your questions above. Now few 'things-to-consider' for you:
1- let's say you have enough time before CIC gives the refusal on your LMO. So you go ahead with Study Permit. You'll pay them 1st semester fee, they give offer letter, you get study permit. Boom! Then what? Is that course really worth it? Is that 1 yr off from your career really worth it? Is that $12-$14k + $4-$6k in accommodation easily available to you? Or you are doing that just cuz that is the only way to hold on to your stay in Canada? You need to answer that for yourself as everyone has their own priorities.
2- Let's say you choose the Visitor Visa option. Yes, you only get to stay here for 6 months. But you mentioned something that felt like your employer might really need you. If that is the case, while you are on visitor visa, can they again apply to get an LMO for you? Yes, you wont be working while on visitor visa, but if they are a big firm they can get the LMO/WP for you. No? You may need to have this conversation from your boss first thing tomorrow morning. Worst case scenario...your boss says, 'sorry, we wont apply for LMO again'. Then there is no point in stay in Canada even for those 6 months. Few questions to ask yourself...do you have enough funds to stay without work for 6 months. What will you achieve by staying in those 6 months. What will happen after 6 months. Dont expect CiC to start processing applications super fast. It can happen, but its rare. So what will you do at the end of those 6 months? Going back to home.....after staying here for 6 months and incurring costs without work?
3- There is one more option, but this is not a highly recommended one and it is full of 'ifs' and 'buts'. I'm laying it out because i know it has happened, hence a ray of light. You apply for visitor visa aZZZap. And then forget about it. Remember you had a CEC application too? How long is it taking these days to get an AOR? As soon as you get your AOR, like literally the day you get it, apply for BOWP. Write a cover letter and explain your situation that your LMO was being refused for the reasons that were. There is a high chance that you
may get your BOWP, even though you are not fulfilling criteria no.1 of BOWP which is to have a valid WP at the time of BOWP application. I know people might hound me on this suggestion, very few of those who know me here know that im not speaking of some fantasy. There was atleast 1 person in Dec12/Jan13 who was on visitor visa, applied for BOWP and got it. And i know from my experience, that you
cannot get BOWP if you once got study permit.
Worst case scenario..You dont get BOWP. So you are only on your Visitor status. 6 months passed, your CEC application is still crawling and you have to pack up now. How bad is it for you to go back to your home country? Also evaluate, is it better now to pack up and leave or after 6 months? Keep in mind, CEC application will take around a year or perhaps less.
Everybody has different circumstances, so you will have to calculate that yourself. I hope i haven't confused you more. Just wanted to show you what happens afterwards. I have taken few decisions in that path and I suffered its consequences. In this game, every decision has a negative impact and you will have to calculate which decision is going to impact your bottom line the least.
Let me know if you have any other questions.
