Good Morning everyone!
I was just wondering if anyone could give some advice with regards my situation. It's not simple...and I sympathize with getting confusing answers from CIC, and this forum does seem very helpful. I have a few questions about what my next step would be. Here’s a breakdown of my situation:
May,2006 - I came to Toronto with a SWAP Holiday Open Work Permit Visa valid for a year. (expired June 2007)
July,2006 - I found a job as graphic and web designer with a Canadian company.
May,2007 - They sent a LMO. Approved and valid for 2 years. It took 2 weeks to get an answer. We sent a new work permit application, we got it approved also, and valid for 2 years. (Valid until June2009)
Jan,2009 - We decided to do all the papers on time, so they sent a renewal work permit with an extension of the contract for another 2 years.
March - Got a letter from the government saying “work permit approved, needs a new LMO new renewal”. New Work Permit was attached, but when I check the expiration date out, I realized they just extended for 20 days!
Jun 5th – Company sent new LMO
Jul 18th - Send new work permit. With a letter saying “we are waiting for LMO”. (implied status)
Jul 20th – My work permit and visa expired.
Aug 10th – Sent my residence application as Canadian Experience Class (CEC).
Aug 14th – Company got a call, LMO was refused. Reason: They said the economy is not the best one right now, and there are tons of Canadian designers out there without a job, so they rather give the chance to a Canadian than a foreign. My boss freaked out and got a little upset, so the officer told them, they could appeal the decision but it won’t be easy and it would take a lot of time… (My NOC is skilled, Level B).
Aug 18th – The Company sent an employment offer. (The CIC officer said that would help my CEC).
Last 2 weeks of August – we were making research about our options…
Sept 1st – My boss decided to make the entire process again, but this time trying to be “more specific” with the details of my job, so he can prove than not any Canadian designer could do my job.
Sept 4th – They post the new super specific ad on job bank.
Sept 11th - My boss was planning to send the new LMO this Friday with a long explanation of why they need me there, and with another letter saying they are not getting any responses from anyone, and they are willing to keep the ad another week. (And they will send the update to them later).
TODAY - I haven’t gotten any word from the government and I’m still waiting for the official letter saying my work permit was refused, so that means, I can still work legally without a problem. (Implied status). And I haven’t got any news from the residence application yet. (Anyone knows the actual Canadian Experience Class processing times?). My work permit and visa expired July 20th. Oh, and I don’t have an immigration lawyer.
1. What should I do at the moment I get the refusal letter from the government? How long does the government give the employer to find a new person and for myself to stop to work?
2. What is the possibility of getting a positive LMO this time? What should my boss say to make sure that will happen? Or will it be better if the company appeals the decision? Or can they do BOTH at the same time?
3. I wonder if I can continue working if my employer appeals the decision? I guess I still be on implied status, right? - Or, can I continue working until we get the new LMO?
4. Assuming I get a new LMO granted, is it true to say that I could go down to Niagara Falls, crossed over to the U.S and returned again, I could get my work permit extension there?
5. If I go down to Niagara, what can I do about my visa? It expired also July 20th, as costarrican I need a visa to re-enter the Country. Can I also ask to renew my multi-entry visa there at the border at the same time of my work permit? I’m just afraid to go down there and get rejected at the border and not allowed to back.
6. If the LMO will take several weeks…should I send my restoration of status? As a tourist? This will be my first time doing this, so what should I say? What should I send with the application? Are they asking for a lot of $$$$ in my bank account?
should I say something related to the LMO and Work Permit? How long it will normally take to get an answer?
7. If I send my restoration of status within the 90 days…can I still be working with an implied status until I get the new status?
8. If I have to change my status as a tourist until I get my new LMO…can I work as a contractor offering professional services? I’m a graphic/web designer, so I could do some outsourcing projects as self employed? Maybe could charge per-project basics via PayPal. (Not necessarily with Canadians companies). - OR can my actual employer hire me as a freelance with a temporary contract just to finish the project we are working on right now until I get a positive LMO, or my new temporary residence? (Again, everything will be via internet and emails).
9. I wonder if will be easier if I register myself as a self employed Professional Graphic and Web Designer in Canada…Or I won’t be able to do it until all my papers get resolved? Is this possible and if so what might be the process? If not, can anyone else suggest an alternative? Where can I find more information about the rules, laws, taxes as self employed?
10. OMG, and what could happen if my restoration of status gets refused? Is that possible? I guess, at that point I should just leave the country and wait until I get my CEC approved?
Sorry, for the super long post, but I wanted to give all the details that could give a better idea of my situation.
I know it’s not so simple… Can someone shed some light on this situation for me? I don’t want to end up with an enforcement action on my history, because I will have a much tougher time in the future especially with my CEC. - Your help would be greatly appreciated!
I was just wondering if anyone could give some advice with regards my situation. It's not simple...and I sympathize with getting confusing answers from CIC, and this forum does seem very helpful. I have a few questions about what my next step would be. Here’s a breakdown of my situation:
May,2006 - I came to Toronto with a SWAP Holiday Open Work Permit Visa valid for a year. (expired June 2007)
July,2006 - I found a job as graphic and web designer with a Canadian company.
May,2007 - They sent a LMO. Approved and valid for 2 years. It took 2 weeks to get an answer. We sent a new work permit application, we got it approved also, and valid for 2 years. (Valid until June2009)
Jan,2009 - We decided to do all the papers on time, so they sent a renewal work permit with an extension of the contract for another 2 years.
March - Got a letter from the government saying “work permit approved, needs a new LMO new renewal”. New Work Permit was attached, but when I check the expiration date out, I realized they just extended for 20 days!
Jun 5th – Company sent new LMO
Jul 18th - Send new work permit. With a letter saying “we are waiting for LMO”. (implied status)
Jul 20th – My work permit and visa expired.
Aug 10th – Sent my residence application as Canadian Experience Class (CEC).
Aug 14th – Company got a call, LMO was refused. Reason: They said the economy is not the best one right now, and there are tons of Canadian designers out there without a job, so they rather give the chance to a Canadian than a foreign. My boss freaked out and got a little upset, so the officer told them, they could appeal the decision but it won’t be easy and it would take a lot of time… (My NOC is skilled, Level B).
Aug 18th – The Company sent an employment offer. (The CIC officer said that would help my CEC).
Last 2 weeks of August – we were making research about our options…
Sept 1st – My boss decided to make the entire process again, but this time trying to be “more specific” with the details of my job, so he can prove than not any Canadian designer could do my job.
Sept 4th – They post the new super specific ad on job bank.
Sept 11th - My boss was planning to send the new LMO this Friday with a long explanation of why they need me there, and with another letter saying they are not getting any responses from anyone, and they are willing to keep the ad another week. (And they will send the update to them later).
TODAY - I haven’t gotten any word from the government and I’m still waiting for the official letter saying my work permit was refused, so that means, I can still work legally without a problem. (Implied status). And I haven’t got any news from the residence application yet. (Anyone knows the actual Canadian Experience Class processing times?). My work permit and visa expired July 20th. Oh, and I don’t have an immigration lawyer.
1. What should I do at the moment I get the refusal letter from the government? How long does the government give the employer to find a new person and for myself to stop to work?
2. What is the possibility of getting a positive LMO this time? What should my boss say to make sure that will happen? Or will it be better if the company appeals the decision? Or can they do BOTH at the same time?
3. I wonder if I can continue working if my employer appeals the decision? I guess I still be on implied status, right? - Or, can I continue working until we get the new LMO?
4. Assuming I get a new LMO granted, is it true to say that I could go down to Niagara Falls, crossed over to the U.S and returned again, I could get my work permit extension there?
5. If I go down to Niagara, what can I do about my visa? It expired also July 20th, as costarrican I need a visa to re-enter the Country. Can I also ask to renew my multi-entry visa there at the border at the same time of my work permit? I’m just afraid to go down there and get rejected at the border and not allowed to back.
6. If the LMO will take several weeks…should I send my restoration of status? As a tourist? This will be my first time doing this, so what should I say? What should I send with the application? Are they asking for a lot of $$$$ in my bank account?
should I say something related to the LMO and Work Permit? How long it will normally take to get an answer? 7. If I send my restoration of status within the 90 days…can I still be working with an implied status until I get the new status?
8. If I have to change my status as a tourist until I get my new LMO…can I work as a contractor offering professional services? I’m a graphic/web designer, so I could do some outsourcing projects as self employed? Maybe could charge per-project basics via PayPal. (Not necessarily with Canadians companies). - OR can my actual employer hire me as a freelance with a temporary contract just to finish the project we are working on right now until I get a positive LMO, or my new temporary residence? (Again, everything will be via internet and emails).
9. I wonder if will be easier if I register myself as a self employed Professional Graphic and Web Designer in Canada…Or I won’t be able to do it until all my papers get resolved? Is this possible and if so what might be the process? If not, can anyone else suggest an alternative? Where can I find more information about the rules, laws, taxes as self employed?
10. OMG, and what could happen if my restoration of status gets refused? Is that possible? I guess, at that point I should just leave the country and wait until I get my CEC approved?
Sorry, for the super long post, but I wanted to give all the details that could give a better idea of my situation.
I know it’s not so simple… Can someone shed some light on this situation for me? I don’t want to end up with an enforcement action on my history, because I will have a much tougher time in the future especially with my CEC.
- Your help would be greatly appreciated!