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

[InfoSeeker12]

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?

No CEC application is reviewed in a very mathematical fashion. The officer has guidelines to follow and review your application against each criteria which is defined in detail in the manuals.

I'm hoping that you are reading and googling all the pdf and instruction manuals and if possible operational bulletins for CEC applications before making your CEC application. If not, please do that first.

As long as you are living in Canada legally, implied status is a legal status given while your application is being processed, there will be no impact on your CEC application. I hope you have already sent your Visitor Visa application by now. And from now concentrate on convincing your employer to once again try for LMO or some other company. Though i dont want to BS you as i know its pretty hard to get an LMO these days. Again, its not impossible and im sure people are getting. Just depends on your skill level, job and your employer. So you just need to try hard as much as you. At least you'll know that you did all you could.

Also concentrate on preparing your CEC application asap...as you have already acquired the required no. of hours.

All the best bro.

Thanks to Leon & Sabidwan for sharing their knowledge.

 

[vivaio]

thanks for the info, i haven't had time to look into the CEC process in detail yet, i just made sure i qualify. i was planning on spending this weekend on getting as much paperwork prepared as possible. any links to how-to guides would be appreciated!

i might be misunderstanding something in regards of restoring a status and the "$200 status restoration fine". to me it sounds like i can apply for restoration up to 90days after my work permit expiry date. is that not the case? i need to buy time where i can as long as it's legal and has no consequences.

 

[InfoSeeker12]

To be honest, i dont know about it much. Have you called CIC to check that?

 

[vivaio]

i've read that the CIC hotline is not reliable in regards of bullet proof information but i called them anyways. the information i got sounded reasonable/realistic:

like i thought i have 90 days after the original permit expiry date to restore my status (as a visitor in this case). it might make a better impression when applying before receiving the refusal for the new work permit i applied for i was told so i will follow that advice.

since i applied for a new work permit before my old one expired i will be under implied status until the refusal of my new application comes in the mail from CIC. that i applied online was my own mistake, because it takes less time for them to process...

i was also told that i do NOT have to report to CIC that my employer's LMO application was/will be refused. i would like this confirmed though if anybody here has information on it. i should include a letter with further information with my application for restoration of my tourist status where i can mention that there is a good chance that my work permit application will be refused hence applying for a tourist visa to bridge any gaps.

 

[gladaki]

i've read that the CIC hotline is not reliable in regards of bullet proof information but i called them anyways. the information i got sounded reasonable/realistic:

like i thought i have 90 days after the original permit expiry date to restore my status (as a visitor in this case). it might make a better impression when applying before receiving the refusal for the new work permit i applied for i was told so i will follow that advice.

since i applied for a new work permit before my old one expired i will be under implied status until the refusal of my new application comes in the mail from CIC. that i applied online was my own mistake, because it takes less time for them to process...

i was also told that i do NOT have to report to CIC that my employer's LMO application was/will be refused. i would like this confirmed though if anybody here has information on it. i should include a letter with further information with my application for restoration of my tourist status where i can mention that there is a good chance that my work permit application will be refused hence applying for a tourist visa to bridge any gaps.

Don't trust those call centre morons, I called them b4 sending my application..they gave me wrong information regarding work exp calculation..and now I am under review status..most probably end up in rejection..they told me work exp counted from PGWP but VO done it from convocation in gcms notes..so don't trust those morons

 

[InfoSeeker12]

Vaio...I just sent a PM to you. please check that.

Gladki. Being under review status doesnt necessarily mean that you will be rejected. And im hoping that is the case for you.
By the way, when did you last receive your GCMS and what did the FOSS notes say, besides Review required?

 

[ainp0123]

i was also told that i do NOT have to report to CIC that my employer's LMO application was/will be refused. i would like this confirmed though if anybody here has information on it. i should include a letter with further information with my application for restoration of my tourist status where i can mention that there is a good chance that my work permit application will be refused hence applying for a tourist visa to bridge any gaps.

That is true. You do not have to inform CIC that your LMO got rejected. If they do not receive your LMO in due time, they will reject your work permit automatically.

 

[SenoritaBella]

To recap:

1. You applied for a new work permit before the old one expired - this gives you implied status and you can stay in Canada until CIC's decision on the work permit application.
2. If the LMO is denied, reasons will be provided. Your employer can re-submit the LMO application and address these issues. Who knows, they could get a response from Service Canada before CIC even reaches your file.
3. You do not have to tell CIC that the LMO was denied.
4. A rejected LMO does not stop your implied status.
5. Only CIC's rejection of the work permit application stops your implied status or if you leave Canada while on implied status.
6. If LMO is approved before you receive CIC's decision, call CIC call centre immediately and provide the confirmation number. This will be added to your file so the officer is aware when processing your work permit application.
7. If work permit application is rejected, you have 90 days from the date on the refusal letter to restore your status.
8. If you get a positive LMO later on(i.e. after rejection), then you can apply for a new work permit($150) and restoration of staus($200) at the same time.
9. If you don't succeed in getting a LMO, then you can restore your status to either:
(a) visitor (not allowed to work) - so it will be cost of visitor visa application and restoration fee ($200) or
(b) student - you need to show proof of adequate funds, admission letter, etc. After studying full-time for 6 months, you will be eligible for an off-campus work permit(according to the rules in place now).

Note: New rules will be implemented for international students as of January 2014 - you can check the news/release section of the CIC website for more information. If I understand it correctly, off-campus work permits will no longer be issued. Students will be able to work just with their valid study permits. But during regular semesters, they will be restricted to working a maximum of 20 hours per week and during holidays, they can work as much as they like. Please check CIC website to confirm.

10. Note that if you choose to restore your status to visitor, it may not be possible to change it back to worker or student after that while in Canada. You may be required to apply from your home country which means being there in person.
11. If you choose to restore to student status, then depending on the length of your study, you may be eligible for a post-graduate work permit of up to 3 years. This is assuming you have never obtained a post-graduate work permit before.
12. For the CEC application, you need at least 12 months of full-time skilled work experience (or full-time equivalent, if you were working part-time) to qualify.
13. You do not have to be working at the time you apply, but you must have the required experience when you apply.
14. You need to have legal status throughout the processing period and had work authorization for the period of employment you are counting for CEC.
15. You do not have to be in Canada when you apply for CEC but must met eligibility criteria.

I hope this helps.

Lastly, I am not surprised that a lawyer bungled the LMO application. Is the lawyer's specialty immigration? It is not uncommon for lawyers to dabble in different areas, but always check their online profile, business card and ask. You always want a lawyer whose specialty is immigration. Also, is good practice to educate ourselves on the process(read the guide) and ask questions, otherwise, we blindly follow the "blind".

Had I not done this, a lawyer would have sent my CEC application to an overseas office instead of Buffalo(which I was eligible to do). The difference in processing times? 19 months+(if I recall) in the overseas office vs. 10 months(took less than 6 months actually). HA!!

hello fellow sufferers of bureaucracy and bad lawyers!

let's see if anybody on here knows a way out of my misery...

background story (short version):
- working legally in canada for 12+ months
- working permit just expired
- employer applied for LMO before expiry of the above
- working under 'implied status' now...
- LMO is about to be denied (lawyer's fault)
- new work permit application was based on LMO application
- applying for CEC (hopefully before WP refusal arrives)

do you see any way for me to stay in canada AND keep working?

how to restore my status? any ideas/advise is much appreciated. cheers!

 

[vivaio]

@SenoritaBella
thanks for the recap!

8. If you get a positive LMO later on(i.e. after rejection), then you can apply for a new work permit($150) and restoration of staus($200) at the same time.

can you elaborate on this? i applied for "A work permit with the same employer" BEFORE my old WP expired. i did not check the box that said "Restoration of temporary resident status as a worker" - was this incorrect?

 

[esbex550]

To recap:

1. You applied for a new work permit before the old one expired - this gives you implied status and you can stay in Canada until CIC's decision on the work permit application.
2. If the LMO is denied, reasons will be provided. Your employer can re-submit the LMO application and address these issues. Who knows, they could get a response from Service Canada before CIC even reaches your file.
3. You do not have to tell CIC that the LMO was denied.
4. A rejected LMO does not stop your implied status.
5. Only CIC's rejection of the work permit application stops your implied status or if you leave Canada while on implied status.
6. If LMO is approved before you receive CIC's decision, call CIC call centre immediately and provide the confirmation number. This will be added to your file so the officer is aware when processing your work permit application.
7. If work permit application is rejected, you have 90 days from the date on the refusal letter to restore your status.
8. If you get a positive LMO later on(i.e. after rejection), then you can apply for a new work permit($150) and restoration of staus($200) at the same time.
9. If you don't succeed in getting a LMO, then you can restore your status to either:
(a) visitor (not allowed to work) - so it will be cost of visitor visa application and restoration fee ($200) or
(b) student - you need to show proof of adequate funds, admission letter, etc. After studying full-time for 6 months, you will be eligible for an off-campus work permit(according to the rules in place now).

Note: New rules will be implemented for international students as of January 2014 - you can check the news/release section of the CIC website for more information. If I understand it correctly, off-campus work permits will no longer be issued. Students will be able to work just with their valid study permits. But during regular semesters, they will be restricted to working a maximum of 20 hours per week and during holidays, they can work as much as they like. Please check CIC website to confirm.

10. Note that if you choose to restore your status to visitor, it may not be possible to change it back to worker or student after that while in Canada. You may be required to apply from your home country which means being there in person.
11. If you choose to restore to student status, then depending on the length of your study, you may be eligible for a post-graduate work permit of up to 3 years. This is assuming you have never obtained a post-graduate work permit before.
12. For the CEC application, you need at least 12 months of full-time skilled work experience (or full-time equivalent, if you were working part-time) to qualify.
13. You do not have to be working at the time you apply, but you must have the required experience when you apply.
14. You need to have legal status throughout the processing period and had work authorization for the period of employment you are counting for CEC.
15. You do not have to be in Canada when you apply for CEC but must met eligibility criteria.

I hope this helps.

Lastly, I am not surprised that a lawyer bungled the LMO application. Is the lawyer's specialty immigration? It is not uncommon for lawyers to dabble in different areas, but always check their online profile, business card and ask. You always want a lawyer whose specialty is immigration. Also, is good practice to educate ourselves on the process(read the guide) and ask questions, otherwise, we blindly follow the "blind".

Had I not done this, a lawyer would have sent my CEC application to an overseas office instead of Buffalo(which I was eligible to do). The difference in processing times? 19 months+(if I recall) in the overseas office vs. 10 months(took less than 6 months actually). HA!!

Can you please tell me where it is written on CIC website tht from Jan'14, there wont be any off-campus work permit...........

 

[freeday1919]

Hi There,

I have a question regaring your statement in this post.

My work hours is 37.5 per week, and if I work for 12 months and I took a 3 weeks PAID vacation ( this is one of my benefit on my contract ).
Will it still counted as a 12 months work and eligible for CEC ?

because every week I have 7.5 Extra hours ( based on CEC fill time is 30hrs/week), and if I took 3 weeks vacation, the hours that was gone when Im on vacation will be equal to 4 months of my normal work.

im sorry If Im addresing new question but this just come to my mind.

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.

All the best.

 

[Leon]

My work hours is 37.5 per week, and if I work for 12 months and I took a 3 weeks PAID vacation ( this is one of my benefit on my contract ).
Will it still counted as a 12 months work and eligible for CEC ?

Yes. If you had worked 52 weeks, 30 hrs. a week, you would have 1560 hours. That is the requirement. If you worked 49 weeks (52 - 3 weeks vacation), 37.5 hrs. a week, you would have 1837.5 hrs. or more than enough.

 

[gladaki]

Vaio...I just sent a PM to you. please check that.

Gladki. Being under review status doesnt necessarily mean that you will be rejected. And im hoping that is the case for you.
By the way, when did you last receive your GCMS and what did the FOSS notes say, besides Review required?

info it says that exp is from 7th june 2011 to 11th oct 2012 but also says credential granted on 10th November 2011 and not enough documents to support one year exp.

i immeditely send them updated reference letters till 7th feb 2013 n explanation that i calculated it from PGWP. GCMS notes were generated on 29 june i didnt requested other copy after that as they clearly wrote that credential granted on 10th November from university ( They probably looked at degree confer date). I doubt that they will consider it...after reading notes i thought may be they will reject me in 8 month but they are taking their own time..I keep sending them emails about status though but no one cares to reply

 

[LPS]

Yes. If you had worked 52 weeks, 30 hrs. a week, you would have 1560 hours. That is the requirement. If you worked 49 weeks (52 - 3 weeks vacation), 37.5 hrs. a week, you would have 1837.5 hrs. or more than enough.

I wouldn't bet on it - http://www.cic.gc.ca/english/resources/manuals/op/op25a-eng.pdf

"Work experience must be acquired over a period of at least one year; work in excess of 30 hours per week over a shorter period cannot compensate for any shorter overall period of experience."

 

[freeday1919]

What do you mean by this ?
so you're saying its not okay ?
what does that line means ? :s

I wouldn't bet on it -
"Work experience must be acquired over a period of at least one year; work in excess of 30 hours per week over a shorter period cannot compensate for any shorter overall period of experience."