Legal Help for TFW

[scaryclare]

Does anyone know where we can get legal help as TFW. We need help to try and get financial compensation from an employer who has cause us to be in a total mess, we have proof that they did nothing in time to enable us to extend our visas and are fighting to stay in Canada now as a visitor The company are still waiting for an LMO but I am determind to hold them accountable for the position they have put us in after all I have found that an employer has to be aware of employees visa expiry dates and have to ensure that they apply for the LMOs in sufficient time. Its a disgrace. Thanks to anyone who can help.

 

[scylla]

Sorry about your situation.

You could try a consult with David Cohen whose law firm covers the costs for hosting this forum.

 

[scaryclare]

I have just an email as you have replied thank you. I am so determined to make them accountable for this it is so wrong and surely they cannot get away with it!!

 

[Pippin]

I am sorry about your situation. You must feel quite desperate. I hope you also kept documentation of your attempts to get the employer to apply for the LMO well in advance of your expiry. Have you done any searches for cases that have settled successfully? Some of the immigration lawyers post examples of cases and you can also look here: http://decisions.fct-cf.gc.ca/en/
It is time consuming, but you may find some useful information to help your case. All the best.

 

[scylla]

I have just an email as you have replied thank you. I am so determined to make them accountable for this it is so wrong and surely they cannot get away with it!!

A lawyer will be in the best position to tell you where you stand.

I'm assuming you're looking for a new employer? If you pursue legal action against your current employer I think it's reasonable to assume they'll cancel the new LMO (i.e. the LMO that's in process).

 

[scaryclare]

Thankfully my husband has a new employer that he found when we got the refusal letter for the visa extension but we are still waiting for the LMO for them, we are now waiting to see if our visitor visa will be apporved before we can go to the border to apply for the work visa.

 

[scaryclare]

@ Pippin we have more than enough evidence as I asked our immigration consultant to contact them when I was suspicious that nothing was being done and she was the one who sorted their mess for them. We are not going through the employer for immigration so do not need to rely on them for anything I also have emails confirming my request to chase them up starting in January. We will obviously have to get a statement from our immigration consultant to confirm that they had no idea what they were doing and blame the fact the the man who dalt with that side of things left the compnay last year!!!

 

[Pippin]

Thank heavens for a good filing system! Good luck getting your LMO/WP and sorting things out. Such an unnecessary waste of energy.

 

[scaryclare]

Thanks pippin

The stress has been beyond belief we can't sleep and have 2 kids whose education will be in a total mess if we have to return to the UK. It makes me so mad that employers have no idea what it has taken to move to canada. arrggghh.

 

[Jitu1011]

Does anyone know where we can get legal help as TFW. We need help to try and get financial compensation from an employer who has cause us to be in a total mess, we have proof that they did nothing in time to enable us to extend our visas and are fighting to stay in Canada now as a visitor The company are still waiting for an LMO but I am determind to hold them accountable for the position they have put us in after all I have found that an employer has to be aware of employees visa expiry dates and have to ensure that they apply for the LMOs in sufficient time. Its a disgrace. Thanks to anyone who can help.

Very sorry and disappointed to hear about your situation, I have passed through the same situation when I was working with Top5 Banking employer till last dec. Unfortunately we can't fight against a employer if we dont have bounded agreement with him, In our cases where foreign worker are struggling to obtain LMO based on work agreements/Offer all onus and advantage lie with employer and laws are placed for their benefit.

All you can do is simply wait for LMO get your work permit and then complaint to HRSDC for any harassment or cheating for non compliance of agreement.

 

[scaryclare]

Oh no thats not what I wanted to hear, even if we have a contract and job offer and can prove that they had not applied when they said they were dealing with it way before the visa was due to expire? I thought they had procedured in place that a TFW shall no incur any financial disadvantage?

 

[scaryclare]

@jitu1011

Did you complain sucessfully after you received your work visa? If so how did you do it?

 

[scylla]

Very sorry and disappointed to hear about your situation, I have passed through the same situation when I was working with Top5 Banking employer till last dec. Unfortunately we can't fight against a employer if we dont have bounded agreement with him, In our cases where foreign worker are struggling to obtain LMO based on work agreements/Offer all onus and advantage lie with employer and laws are placed for their benefit.

That's doesn't surprise me at all. I didn't think the employer had any obligation to renew an LMO.

 

[scaryclare]

Saying that though do they not have an obligation to tell an employee that they do not intend to do it? Also even though we can prove that they were trying to apply for the LMO does that not help our case. In the end we will not have money to get back to the UK if we have to as we have used our savings to live off as we are not entitled to a penny here!!!! I am so sick with worry

 

[Pippin]

You may find some answers in the official manuals http://www.cic.gc.ca/english/resources/manuals/op/index.asp
In some categories of TFW (skill level C/D) it is the employer's responsibility to pay for the transportation to Canada and back to the home country. Did they pay for you on the way over?