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Lawyer Failure and Hitting Walls... (CEC + PR)

InfoSeeker12

Champion Member
Aug 28, 2012
1,413
357
Canada
LANDED..........
Sep 2013
vivaio said:
thanks again for the replies!

@ gladaki
i didn't have a PGWP before, it would be the first time if i applied for one.

@ InfoSeeker12
thanks, very helpful post. i would not be someone to freak out. i've been to a lot of countries, dealing with all sorts of visas. it's just my bad immigration lawyer that makes me mad for ruining this for me after being paid a good chunk out of my savings. student visa is nothing i'd be interested in and i would not have the funds to pay for it AND not work at the same time - unfortunately not an option.

my immigration lawyer told me i am under 'implied status' until i receive the official refusal from CIC for my work permit. i'm not going to hear about the LMO from anybody but my lawyer or employer. so until then, when would i have to let the CIC know that my employer's LMO was denied and how how soon after that you think they will be sending me the refusal? i'm certain that the LMO will be denied next week.

i will be applying for a visitors visa today just to make sure not to waste any time. i did have one before and i did extend that one before before having a work permit and working for a year. i hope that won't have a negative effect on sending me another "tourist" visa in the mail.

CEC application was not submitted yet. it will be in about 3 weeks (earliest possible language test is in 2 weeks).

from what i understand my best option is to go for tourist visa and let my employer keep trying the LMO, while i concentrate getting the CEC done.
VAIO...I can completely understand what you are going through. My case was destroyed by the company lawyer when they switched my PGWP to company WP. I have been in a similar situation.

But you have the option now to avoid all whatever I had to go when i got study permit.

In my limited knowledge and from my experience, my first suggestion would be to apply for Visitor visa. Do it today, do it online or if its by mail use Xpress Post Next day..i guess you get my drift. This priority no.1.

Second...once you have send the application...Now, see if your firm can help you out. What about your other contacts in other companies. Perhaps they might have an opening and are ready to go through the whole LMO process. From my experience, very few employers for very few and critical positions, are ready to go through the hassle of getting LMO and WP. So evaluate this option.

At the same time, evaluate if it makes financial sense to return back home. Stay there for 12 months and then come back when your CEC application is processed. Staying here, incurring living expenses and without health insurance...God Forbid...it can turn into a nightmare. I will not advise that to anyone. So once again, think carefully if returning back will make more sense, unless situation back home is worse, safety or other issues. Then ofcourse, its best to stay here!

Lastly. CEC application. Im sure you know that you can apply for CEC even from your home country? I mean, don't let CEC stop you from going back home. If you have already booked a language test, then of course clear it first. Since you will be getting visitor visa, u can stay here and peacefully concentrate on your application in the coming weeks. Make sure your application is error-free and you have got all the docs.

Speaking of docs, now is the time to get a superb employment reference letter. Have you already worked for 12 months? When counting, exclude any days offs, vacations etc. In CEC application eligibility, officers go down to number of hours worked. So make sure that you fulfill that requirement. The immigration officer will count date backwards from the date that will be on that letter. So for e.g., if your letter is dated 1st October 2013, your start date on the job must have been at least 1st October 2012 - then you have 12 months experience (provided no vacations). Just an example. Best to have extra days on your side.

Since your lawyer applied for an LMO, i believe they must have written a detailed job letter for you, including your duties? If that is the case, just use that letter. Perhaps you may to change the top few lines - instead of corresponding to Employment Ministry now it will be CIC..etc. But the core content, if it was detailed enough, describing your duties performed (make sure it aligns with your NOC code), your salary and hours, that will be enough. But get that letter now, when you are still in the company. Once you get out...its tough.

Lastly, I hope you understand why i mentioned about going back to home. Firstly, because of cost considerations and its terrible to be in Canada without health insurance. Secondly and more importantly, because of the huge gap that comes on your CV. Employers dont care about WP and Immigration issues. They dont. They see a gap in your career, they put your resume low in the stack. That's a harsh reality. I'm kind of dealing with it now and i dont wish anyone here to go through the same. Even getting PR wont help you to fill that gap on your resume. And it will mean that you wont be able to start from the same point where you left in your career. That's why if its possible that you can get work back at home, go for that. Just my opinion and experience on this issue.

Anyways...concentrate on Visitor Visa application. Update us tomorrow what your employer says about trying again for LMO.

All the best.
 

gladaki

Champion Member
Jul 15, 2012
1,683
27
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
17-11-2013
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30-12-2013
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submitted with application
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20-07-2014
InfoSeeker12 said:
VAIO...I can completely understand what you are going through. My case was destroyed by the company lawyer when they switched my PGWP to company WP. I have been in a similar situation.

But you have the option now to avoid all whatever I had to go when i got study permit.

In my limited knowledge and from my experience, my first suggestion would be to apply for Visitor visa. Do it today, do it online or if its by mail use Xpress Post Next day..i guess you get my drift. This priority no.1.

Second...once you have send the application...Now, see if your firm can help you out. What about your other contacts in other companies. Perhaps they might have an opening and are ready to go through the whole LMO process. From my experience, very few employers for very few and critical positions, are ready to go through the hassle of getting LMO and WP. So evaluate this option.

At the same time, evaluate if it makes financial sense to return back home. Stay there for 12 months and then come back when your CEC application is processed. Staying here, incurring living expenses and without health insurance...God Forbid...it can turn into a nightmare. I will not advise that to anyone. So once again, think carefully if returning back will make more sense, unless situation back home is worse, safety or other issues. Then ofcourse, its best to stay here!

Lastly. CEC application. Im sure you know that you can apply for CEC even from your home country? I mean, don't let CEC stop you from going back home. If you have already booked a language test, then of course clear it first. Since you will be getting visitor visa, u can stay here and peacefully concentrate on your application in the coming weeks. Make sure your application is error-free and you have got all the docs.

Speaking of docs, now is the time to get a superb employment reference letter. Have you already worked for 12 months? When counting, exclude any days offs, vacations etc. In CEC application eligibility, officers go down to number of hours worked. So make sure that you fulfill that requirement. The immigration officer will count date backwards from the date that will be on that letter. So for e.g., if your letter is dated 1st October 2013, your start date on the job must have been at least 1st October 2012 - then you have 12 months experience (provided no vacations). Just an example. Best to have extra days on your side.

Since your lawyer applied for an LMO, i believe they must have written a detailed job letter for you, including your duties? If that is the case, just use that letter. Perhaps you may to change the top few lines - instead of corresponding to Employment Ministry now it will be CIC..etc. But the core content, if it was detailed enough, describing your duties performed (make sure it aligns with your NOC code), your salary and hours, that will be enough. But get that letter now, when you are still in the company. Once you get out...its tough.

Lastly, I hope you understand why i mentioned about going back to home. Firstly, because of cost considerations and its terrible to be in Canada without health insurance. Secondly and more importantly, because of the huge gap that comes on your CV. Employers dont care about WP and Immigration issues. They dont. They see a gap in your career, they put your resume low in the stack. That's a harsh reality. I'm kind of dealing with it now and i dont wish anyone here to go through the same. Even getting PR wont help you to fill that gap on your resume. And it will mean that you wont be able to start from the same point where you left in your career. That's why if its possible that you can get work back at home, go for that. Just my opinion and experience on this issue.

Anyways...concentrate on Visitor Visa application. Update us tomorrow what your employer says about trying again for LMO.

All the best.
I will politely disagree with the resume gap comment. In a current situation where laid off are so common having some gap on resume is ok as long as it is less than a year. This is just my point of view...But going for a short course will be a good idea..if ur at calgary then SAIT has some courses which you can do...you can work with ur off campus permit 20 hours per week and increase to 40 hr/week in summer.
 

vivaio

Full Member
Sep 29, 2013
24
0
thanks for the info. if i'm able to work while going to school i might actually consider it, i'll keep that in mind. is that the case for ontario as well though (working legally while studying)?

i'm applying for tourist visa online today, i've done it before. i'd like to stick to my current employer, they have done lots for me to make this work, it was the lawyer that ruined it. i can see us still going for a last try, since we already started the process and the lawyer has been paid.

my question about notifying CIC still remains. i will responsible to tell them that the LMO application was denied. when do i do that and how (phone, mail, online)? can i stretch the response time a bit?

speaking about employment: the officer just looks at the work contract that i had with my employer or are they going to check my payslips to see when i actually started to be getting paid? i'm gonna have to double-check if i do have the 12 full months. does unpaid overtime count at all? i think it doesn't...

last but not least in regards of the CEC application: does the wage matter i was getting paid? i was not getting paid enough in the profession i am in considering the wages the show on the government website workingincanada.gc.ca - will this affect the 12 months minimum requirement for professional work experience that i've had to have in my profession?
 

Leon

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Jun 13, 2008
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vivaio said:
thanks for the info. if i'm able to work while going to school i might actually consider it, i'll keep that in mind. is that the case for ontario as well though (working legally while studying)?

my question about notifying CIC still remains. i will responsible to tell them that the LMO application was denied. when do i do that and how (phone, mail, online)? can i stretch the response time a bit?

speaking about employment: the officer just looks at the work contract that i had with my employer or are they going to check my payslips to see when i actually started to be getting paid? i'm gonna have to double-check if i do have the 12 full months. does unpaid overtime count at all? i think it doesn't...

last but not least in regards of the CEC application: does the wage matter i was getting paid? i was not getting paid enough in the profession i am in considering the wages the show on the government website workingincanada.gc.ca - will this affect the 12 months minimum requirement for professional work experience that i've had to have in my profession?
Working while studying means you need an off campus permit. Read about it here http://www.cic.gc.ca/english/study/work-offcampus.asp You can also work on campus without a permit.

You still do not know that the LMO was denied. If you find out that it was denied, you can call the call centre and ask what to do.

For CEC, you need 12 months full time and full time is 30 hrs. a week or more. If your wages were lower than the average, immigration may be suspicious that you were really working in the position you say you were but I guess it depends on how much lower.
 

ahm2307

Hero Member
Nov 1, 2010
206
2
Toronto
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CPP-O
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2132
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App. Filed.......
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AOR Received.
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IELTS Request
Sent with application
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Leon said:
No, PGWP is a once in a lifetime thing. If you already had one, you can't get one again, even if you complete another course. Besides, you don't need a PGWP. If you are applying for CEC now, you will have your PR in 12 months.
You haven't looked at my timeline have you?
 

vivaio

Full Member
Sep 29, 2013
24
0
@Leon
thanks, makes sense. how many hours do they require to consider it 12 months? i worked 40hr weeks so i might be okay, just wondering if it will add up to their minimum.
 

jes_ON

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Jun 22, 2009
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30-Jun-2011
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vivaio said:
@ Leon
thanks, makes sense. how many hours do they require to consider it 12 months? i worked 40hr weeks so i might be okay, just wondering if it will add up to their minimum.
Nope. You need to work for 12 months full-time at a minimum. If you work fewer than 30 hours per week (e.g. part-time), only then do you start counting hours to calculate the "full-time equivalent" (which will always take longer than 1 year).
 

vivaio

Full Member
Sep 29, 2013
24
0
okay, let's say 30hrs/week is roughly 1500hrs/year and 40hrs/week is roughly 2000hrs/year. i might not have worked non-stop 12 months in a row but i'm certainly above 1500hrs/year full-time, not counting any overtime but taking the off-time in between employers into conisderation. am i going to be fine in that case? just wondering how they would approach the "count". and does the time under implied status count as well?

i've got a couple of question about the visior visa application form:
- do i choose "extension of my temporary resident status" or "restoration of temporary resident status as a visitor" or "initial temporary resident permit or extension of temporary resident permit" (i would guess #1)
- what do i choose as current status in canada? do i pick "visitor" and choose the day my work permit expired plus 90 days (the time i have to restore any kind of status) or do i go with "other" and type in "woker implied status"? what dates do i use when choosing "other"?
 

vivaio

Full Member
Sep 29, 2013
24
0
i just thought of another question: do i have to check "have you ever remained beyond the validity of your status [...]"? i'm under implied status now, i consider that valid so i would not check the above. please advise!

edit: let me add this quote that i just found in an older topic in this forum...
Wait to you have a response to your work permit. If it is refused, then you apply for restoration as a visitor. Costs you an extra $200.
can somebody confirm that quote? can i just wait until i get the official refusal of my work permit application in the mail and then apply for a tourist visa to restore my status as a visitor (i don't mind the extra $200 CAD)? i'm a bit confused...
 

InfoSeeker12

Champion Member
Aug 28, 2012
1,413
357
Canada
LANDED..........
Sep 2013
vivaio said:
okay, let's say 30hrs/week is roughly 1500hrs/year and 40hrs/week is roughly 2000hrs/year. i might not have worked non-stop 12 months in a row but i'm certainly above 1500hrs/year full-time, not counting any overtime but taking the off-time in between employers into conisderation. am i going to be fine in that case? just wondering how they would approach the "count". and does the time under implied status count as well?

i've got a couple of question about the visior visa application form:
- do i choose "extension of my temporary resident status" or "restoration of temporary resident status as a visitor" or "initial temporary resident permit or extension of temporary resident permit" (i would guess #1)
- what do i choose as current status in canada? do i pick "visitor" and choose the day my work permit expired plus 90 days (the time i have to restore any kind of status) or do i go with "other" and type in "woker implied status"? what dates do i use when choosing "other"?
Anyone who applied recently for Visitor Visa and in similar situation as Vaio, please respond. He needs to get this application sent asap. Many thanks guys.
 

InfoSeeker12

Champion Member
Aug 28, 2012
1,413
357
Canada
LANDED..........
Sep 2013
vivaio said:
i just thought of another question: do i have to check "have you ever remained beyond the validity of your status [...]"? i'm under implied status now, i consider that valid so i would not check the above. please advise!

edit: let me add this quote that i just found in an older topic in this forum...
can somebody confirm that quote? can i just wait until i get the official refusal of my work permit application in the mail and then apply for a tourist visa to restore my status as a visitor (i don't mind the extra $200 CAD)? i'm a bit confused...

We need some responses from senior members on this please.
 

vivaio

Full Member
Sep 29, 2013
24
0
@InfoSeeker12
thanks for the support, it's much appreciated. i'm 99% sure my first question is answered with "extension of my temporary resident status". not sure about the status answer and the "beyond the validity of your status" issue quite yet. by waiting another 2 months i can definitely buy time by not applying for the visitor visa right away. question is would it affect my future applications in a negative way if i went past my legal status and required restoration (paying the $200 "fine"...)?
 

Leon

VIP Member
Jun 13, 2008
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vivaio said:
i just thought of another question: do i have to check "have you ever remained beyond the validity of your status [...]"? i'm under implied status now, i consider that valid so i would not check the above. please advise!

edit: let me add this quote that i just found in an older topic in this forum...
can somebody confirm that quote? can i just wait until i get the official refusal of my work permit application in the mail and then apply for a tourist visa to restore my status as a visitor (i don't mind the extra $200 CAD)? i'm a bit confused...
Right, you are under implied status so you would not check the above and yes, you can wait until they refuse your work permit and then apply to restore and change to visitor status.
 

vivaio

Full Member
Sep 29, 2013
24
0
thanks guys. so i can wait and buy time that way? it won't have a negative impact later letting my status expire + restore it as a visitor?