LMIA and Touriat Visa advice

[bigtdotcom]

HI guys I looking for some advice regarding LMIA and a Tourist visa, I will explain my situation below followed by a couple questions.

I am 33 and from Australia and have had 2 x 2 year work visa's. My last work visa expired at the start of January this year and before it expired i applied for a open work permit so I had applied status and could continue to work while I tried to sort out PR. On Monday my open work permit application was refused, at least 1 month earlier then I had planed for (2.5 months processing time). I was asked to leave the Country immediately. I made a quick trip to the boarder yesterday and when i re-entered Canada I was only given a tourist visa for 1 month.

I work as a restaurant manager in a small mountain town in BC and I do have my employer on board and willing to help me with either LMIA or PNP. My current salary is just over $1900 and I have worked for this employer for over 2 years but not always as a manager. I previously had another immigration lawyer working on my case to apply for PNP earlier this year. My previous Lawyer advised me against going though with my pnp application as my points score was very low, i think around 75 and was told LMIA was really my only option to continue to work in Canada and get PR. I was unsatisfied with my old lawyer for a few reasons and have decided not to continue to use her services.

The questions I have are as follows.

1. Is it actually possible/recommended to get an LMIA as a restaurant manager (NOC0631) with my current salary? My job has been advertised online in 3 different places for about 3 weeks. So i will be able to submit an application in just over 1 week.

2. Would it be possible to extend my tourist visa, either by applying online or visiting a different boarder? If I submit an LMIA application I would much rather be in Canada while it is being processed. I have about $5000 in Cash and $2000 available on a credit card and my current travel insurance expires at the end of April.

Thanks for taking the time to read, Hopefully someone can shed some light for me.

 

[scylla]

1. Possible but probably difficult. As I'm sure you know, before your employer can even apply for the LMIA, they will have to advertise the job first for at least a month to prove no Canadian can be found for the role and that's why they need to hire a foreign worker. Make sure you read through the advertising requirements to ensure the three places you have advertised are acceptable for the LMIA (they may not be). Note that processing for LMIAs can take anywhere from a few weeks to over four months.

2. Yes - you can apply to extend your visitor visa. I would not recommend doing a border run. I would recommend that you apply to extend your visit from within Canada. Higher chances of approval.

 

[scylla]

Here are the advertising requirements you have to meet:

http://www.esdc.gc.ca/en/foreign_workers/hire/median_wage/low/recruitment.page

 

[bigtdotcom]

Thanks for the quick response scylla

My job has been advertised for almost 3 weeks so in 1 week i will be able to begin the application process. I will forward the link you provided to my employer to ensure that the advertise my job correctly.

Hoping to hear from someone who has gained a positive LMIA as a restaurant manager.

I will look in to extending my visitor visa online.

Thanks again for your help

 

[scylla]

When you say your salary is over $1900 - do you mean $19.00 per hour? Which province are you in?

 

[bigtdotcom]

In BC

Salary is just over $1900.00 which is about $12 per hour

 

[bigtdotcom]

Salary is based off a 31 hour work week.
According to my employer the minimum hours and hourly pay to considered full time

 

[scylla]

In BC

Salary is just over $1900.00 which is about $12 per hour

That's unfortunately not great. That's puts you at the low end of wages for your occupation which typically makes it more difficult to get an LMIA approved.

http://www.jobbank.gc.ca/report-eng.do;jsessionid=CB8DFE3FCA6F741583A3412EC231519A.imnav1?area=9219&lang=eng&noc=0631&action=final&ln=n&s=1&source=8#wages

Anyway - guess all you can do is have your employer try for the LMIA and see what happens. Good luck.