LMO AND WORK PERMIT

[vikasbh23]

THANKS ALL OF YOU BUT I CHECKED WITH THE CONSULTANT HE IS GIVING ME A SUPERVISOR WHICH COMES UNDER 6212,AND WILL GET PROMOTION AFTER SOME TIME.HE SAID ONCE YOUR ONE YEAR VISA WILL FINISH WE WILL APPLY ANOTHER VISA FOR 2 YEARS AND WILL APPLY FOR PR UNDER BCPNP.IS IT POSIBLE.?

THANKS IN ADVANCE

 

[danny2009]

Hi,

One of my cousin in Calgary would like to sponsor me and my wife for jobs at his restaurant and food store. He asked me to go there with our valid business visa and then he will help to apply for our work permits. Will it work with his way?

If we work there as temporary workers, can our children go there with us and learn at public schools? Will our children get free education and health care in Calgary?

What ways can we get Permanent Residence?

Working in Alberta will affect the Quebec Entrepreneur Program I am applying?

I really appreciate your time to answer my questions above.

Danny

 

[Leon]

One of my cousin in Calgary would like to sponsor me and my wife for jobs at his restaurant and food store. He asked me to go there with our valid business visa and then he will help to apply for our work permits. Will it work with his way?

I don't see how it will help you to be in Canada already when he applies. If you look at http://www.cic.gc.ca/english/work/apply-who-eligible.asp#inside it tells you who is eligible to apply for a work permit from inside Canada. That is not for you.

At http://www.cic.gc.ca/english/work/apply-who-eligible.asp#enter you can see who can apply at the border. You have to have an LMO and be visa exempt. If you are visa exempt and your cousin gets an LMO for you, you can go to the border and get your work permit.

What is left is applying from outside Canada. Tell your cousin to apply for your LMO at Service Canada, see http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_forms.shtml He will have to advertise the jobs for a certain amount of time. If he is offering a skilled position like an assistant manager or a shift manager, it is enough that one of you gets an LMO and work permit, the other one can get an open permit as the spouse.

If we work there as temporary workers, can our children go there with us and learn at public schools? Will our children get free education and health care in Calgary?

If you come as visitors, you will not get health care and it will depend on the school district if they let your kids enter school at all, let alone for free. Once you are on a work permit, your kids can enter school. If you apply for the whole family from outside Canada, you should apply for study permits for the children.

What ways can we get Permanent Residence?

If you have a skilled work permit, your cousin can sponsor your for PR under PNP or you can apply under FSW if you qualify or you can wait for 2 years and then apply under Canadian experience class. If your cousin is only offering a low skilled position, you would have to fall under one of the occupations listed here: http://www.albertacanada.com/immigration/immigrating/ainp-eds-semi-skilled-criteria.aspx and you would have to work for a while before your cousin can sponsor you.

There is another way to get PR through your cousin before you even go to Canada and that is if he makes you a job offer for a skilled position through the PNP and you apply for a nomination and use that to apply for your PR.

Working in Alberta will affect the Quebec Entrepreneur Program I am applying?

Only in the way that you might be asked if it is still your intention to settle in Quebec if you get your PR through that program.

 

[jes_ON]

THANKS ALL OF YOU BUT I CHECKED WITH THE CONSULTANT HE IS GIVING ME A SUPERVISOR WHICH COMES UNDER 6212,AND WILL GET PROMOTION AFTER SOME TIME.HE SAID ONCE YOUR ONE YEAR VISA WILL FINISH WE WILL APPLY ANOTHER VISA FOR 2 YEARS AND WILL APPLY FOR PR UNDER BCPNP.IS IT POSIBLE.?

6212 is Skill Level B, so it still qualifies as a skilled occupation. Everything Leon said before still applies. It is "possible," but there are no guarantees.

I am still concerned about the original post where you say you were "selected." Immigration fraud is a big problem, if the job offer is not genuine, you could find yourself stranded in Canada without a job. Have you had any direct communication with the employer? If not, you should be concerned...

 

[Leon]

THANKS ALL OF YOU BUT I CHECKED WITH THE CONSULTANT HE IS GIVING ME A SUPERVISOR WHICH COMES UNDER 6212,AND WILL GET PROMOTION AFTER SOME TIME.HE SAID ONCE YOUR ONE YEAR VISA WILL FINISH WE WILL APPLY ANOTHER VISA FOR 2 YEARS AND WILL APPLY FOR PR UNDER BCPNP.IS IT POSIBLE.?

THANKS IN ADVANCE

Yes, it is possible. 6212 is a skilled position so there is really no law that requires him to wait for a year before applying for you to BC PNP but many employers like to wait because while you are on a work permit, it is hard for you to leave. You can either wait for him to apply for you or if he hasn't by the time you are there for 2 years, you can apply yourself under CEC.

 

[rjessome]

6212 is Skill Level B, so it still qualifies as a skilled occupation. Everything Leon said before still applies. It is "possible," but there are no guarantees.

I am still concerned about the original post where you say you were "selected." Immigration fraud is a big problem, if the job offer is not genuine, you could find yourself stranded in Canada without a job. Have you had any direct communication with the employer? If not, you should be concerned...

You are so right jes. I just saw a fake LMO at the end of last week. I couldn't believe how well it was done but there were a few signs that it was fake. But if you were just quickly glancing at it for format, you would think it was ok. Thankfully, the applicant had some inkling that everything might not be legit and decided to get it checked out.

So now it's not even that the person may end up in Canada without a job. They may pay for this fake piece of paper and think they can now apply to the embassy for a work visa. As soon as the staff at the visa post punch in the confirmation number issued by HRSDC, they will see that it's fake and the application will be refused.

These crooks are creative!

 

[DANIDANI]

Dear all friends,

I am well qualified chef and i got AEO letter for restaurant manager NOC -0631. However my basic profession is a head chef which goes to NOC - 6241 please suggest me that what is the best NOC for me it should be 0631 or 6241?

 

[danny2009]

Dear Leon,

Thank you very much for your information.

My cousin asked me to apply for work permit inside Canada because I have a one-year multiple entries visa for a business visitor is still valid until the end of this year.

I know that education is free for temporary workers' children who are under 19 years old.

Is the health care is free as well for temporary workers' children?

I look forward to receiving your answer soon.

Thanks again!

Danny

 

[Leon]

My cousin asked me to apply for work permit inside Canada because I have a one-year multiple entries visa for a business visitor is still valid until the end of this year.

In the first link I gave you, it clearly states people who are allowed to apply for a work permit from inside Canada:

You can only apply for a work permit from inside Canada if:

* you have a valid study or work permit, or your spouse or parents have a study or work permit
* you have a work permit for one job but want to apply for a work permit for a different job
* you have a temporary resident permit that is valid for six months or more or
* you are in Canada because you have already applied for permanent residence from inside Canada. You will have to pass certain stages in the main application process before you can be eligible for a work permit.


None of these apply to you. You do not have a work or study permit and neither does your spouse. You do not have a TRP (TRV is not the same as a TRP) and you did not apply for PR inside Canada and get first stage approval.

In my second link, I gave you who is eligible to apply at the border:

You can apply for a work permit as you enter Canada, but only if you meet the following requirements:

* you are temporary resident visa exempt and
* your job does not need a labour market opinion from HRSDC (some exceptions apply) or
* you hold a labour market opinion from HRSDC.

You are probably not TRV exempt, if you were, you would not need a multiple entry business visa. Ok, some people in your situation have tried applying at the border and gotten away with it but no guarantees.

Basically that leaves that yes, you can come to Canada like your cousin says but to apply for your work permit, you will most likely have to leave again so to me, that seems like a trip wasted.

I know that education is free for temporary workers' children who are under 19 years old.

Is the health care is free as well for temporary workers' children?

Yes, they are both free for the children of a temporary worker but not until you get the status of a temporary worker. As a visitor, you get no health care and school could be a problem.

 

[danny2009]

Hi Leon,

Thank you so much for your time to solve my concerns.

I am still confused about Temporary Residence Permit and Temporary Residence Visa. Temporary Residence Permit is for people who is exempt for Canada visa, right?

The cousin said to me that he did apply for many temporary workers, who are working for him, from Korea, the Philippines,... when they are visiting Canada.

Thank you very much again!

Danny

 

[job_seeker]

Hi Leon,

Thank you so much for your time to solve my concerns.

I am still confused about Temporary Residence Permit and Temporary Residence Visa. Temporary Residence Permit is for people who is exempt for Canada visa, right? No. TRP is applied for by people who for one reason or another are inadmissible to Canada. Temporary residence visa (TRV) allows you to enter Canada temporarily as a visitor, worker or student.

The cousin said to me that he did apply for many temporary workers, who are working for him, from Korea, the Philippines,... when they are visiting Canada.

Thank you very much again!

Danny

 

[Leon]

The cousin said to me that he did apply for many temporary workers, who are working for him, from Korea, the Philippines,... when they are visiting Canada.

If they are from Korea, they are visa exempt and once they get the LMO, they can just drive to the border and apply for their work permit there and get it instantly. For the Philippines, it is not the same. Ask him if the people actually got a work permit while staying in Canada or if they had to leave Canada to get it. I have heard of people who are not visa exempt but have a multiple entry visa going to the border and succeeding in getting a work permit there but since they are not actually entitled to, it would depend on getting lucky with the immigration officer.

Why does he want you to come before he will apply? Is it a problem for him applying for an LMO for you and you apply for your work permit from where you are? How well do you know this cousin? Is it possible that he wants you to work illegally if he can not get the LMO?

 

[danny2009]

Why does he want you to come before he will apply? Is it a problem for him applying for an LMO for you and you apply for your work permit from where you are? How well do you know this cousin? Is it possible that he wants you to work illegally if he can not get the LMO?

No. He really wants to help me instead he has to hire other people. Certainly, he knows he must apply the LMO for me, but it is very hard to get through from the Canada consulate in my country. He said he did once for one of his wife's friends, but the consulate refused to issue the work permit for that guy.

Leon, what do you think if I buy half of one of his two food stores? He said he can sell half of one of his two stores if I want because the bigger one is very busy and successful and it seems that he and his wife cannot control very well at the same time the two.

If I do the partnership, will I apply for work permit easily? Will he have to apply the LMO for me as well? What should he and I do for the procedure?

Thank you very much for your help!

Danny

 

[Leon]

No. He really wants to help me instead he has to hire other people. Certainly, he knows he must apply the LMO for me, but it is very hard to get through from the Canada consulate in my country. He said he did once for one of his wife's friends, but the consulate refused to issue the work permit for that guy.

You do not have the right to apply inside Canada or at the border. However, I have heard of someone with a multiple entry visa who was given a work permit at the border. Maybe he just got lucky with the immigration officer. You can try that but be aware that if they say no, you can not apply here, then you must apply from outside Canada.

Leon, what do you think if I buy half of one of his two food stores? He said he can sell half of one of his two stores if I want because the bigger one is very busy and successful and it seems that he and his wife cannot control very well at the same time the two.

If I do the partnership, will I apply for work permit easily? Will he have to apply the LMO for me as well? What should he and I do for the procedure?

Buying things in Canada does not give you the right to stay and work. Some provinces have immigration programs for investors. Unfortunately Alberta doesn't. The fastest way to go to Canada is to try the LMO and work permit. If you are refused, get your cousin to apply for an AEO and apply to sponsor you directly through PNP.

 

[danny2009]

Hi Leon,

I will try to apply at the border. If I am refused, I will apply from my country.

I will check the website of Alberta for PNP program.

Many thanks.

Danny