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.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.
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.