LMO + Restoration of status = impossible?

[justtheme]

My employer got an LMO refusal a week ago and was told to reapply. I got my work permit rejection letter today which also says that I have 90 days to apply for restoration of status or leave the country.

My company is willing to change whatever HRSDC said was wrong with the LMO. However, how will I get the work permit if just the LMO will take around 12 weeks to be processed???

I've been in Canada for 3 years, 1 as a student and 2 as a full time skilled worker. Now I feel like all my dreams of becoming a permanent resident are being crushed and tossed right in front of me. Such a depressing situation. And everything's just because the damn immigration system has huge backlogs and unreasonable rules that don't reflect the lack of resources.

This is unbelievable.

 

[rjessome]

My employer got an LMO refusal a week ago and was told to reapply. I got my work permit rejection letter today which also says that I have 90 days to apply for restoration of status or leave the country.

My company is willing to change whatever HRSDC said was wrong with the LMO. However, how will I get the work permit if just the LMO will take around 12 weeks to be processed???

I've been in Canada for 3 years, 1 as a student and 2 as a full time skilled worker. Now I feel like all my dreams of becoming a permanent resident are being crushed and tossed right in front of me. Such a depressing situation. And everything's just because the damn immigration system has huge backlogs and unreasonable rules that don't reflect the lack of resources.

This is unbelievable.

If you've spent 2 years as a skilled worker in Canada you can apply for PR under the Canada Experience Class. Don't let this crush your dreams. Look, hindsight is 20/20. If it was available, your employer probably should have sponsored you under the PNP so you could avoid Service Canada. They could still do that. Also, ask your employer to contact Service Canada when they are ready to re-submit the LMO. They can ask very nicely if there is anyway that the LMO could be processed on an urgent basis because of your precarious status. Tell them to do this by phone and to put it in their cover letter and fax cover sheet. Your FSW2 application is in jeopardy and since this is a skilled position, they MAY be willing to work with your employer on this.

 

[justtheme]

If you've spent 2 years as a skilled worker in Canada you can apply for PR under the Canada Experience Class. Don't let this crush your dreams. Look, hindsight is 20/20. If it was available, your employer probably should have sponsored you under the PNP so you could avoid Service Canada. They could still do that. Also, ask your employer to contact Service Canada when they are ready to re-submit the LMO. They can ask very nicely if there is anyway that the LMO could be processed on an urgent basis because of your precarious status. Tell them to do this by phone and to put it in their cover letter and fax cover sheet. Your FSW2 application is in jeopardy and since this is a skilled position, they MAY be willing to work with your employer on this.

Thanks for your encouraging words rjessome. This is truly sad for me. Has Service Canada done this before? Have you seen any cases?

 

[justtheme]

Should I also restore my status as a visitor before applying for the LMO and new work permit?

 

[rjessome]

Thanks for your encouraging words rjessome. This is truly sad for me. Has Service Canada done this before? Have you seen any cases?

Yes but it's rare. The plea needs to come from your employer and/or representative. I had a similar situation with a client and was able to get the LMO issued quickly. Unfortunately for you restoration takes 4 to 5 months. Hopefully this won't jeopardize your FSW2 application because you must be on a valid WP for them to issue the PR visa. You might want to look at plan B and think about CEC.

 

[justtheme]

Yes but it's rare. The plea needs to come from your employer and/or representative. I had a similar situation with a client and was able to get the LMO issued quickly. Unfortunately for you restoration takes 4 to 5 months. Hopefully this won't jeopardize your FSW2 application because you must be on a valid WP for them to issue the PR visa. You might want to look at plan B and think about CEC.

I'm actually looking for a lawyer to help me determine my chances to get CEC. I have 2 years of work experience (NOC 5124 - Communications Specialist - Skill Type A) + 1 year of studies at a recognized institution (I got an Ontario graduate Certificate in Media).

So far I've I've gathered all the documents I need except for my employers references, where they will have to explain that I had a temporary contract for the first 4 months of my 2 years (same occupation).

Based on this I qualify right? Do you happen to know a consultant/lawyer that could handle my case? My only fear is to fall in the hands of someone unprofessional. My life depends on this...

 

[justtheme]

Yes but it's rare. The plea needs to come from your employer and/or representative. I had a similar situation with a client and was able to get the LMO issued quickly. Unfortunately for you restoration takes 4 to 5 months. Hopefully this won't jeopardize your FSW2 application because you must be on a valid WP for them to issue the PR visa. You might want to look at plan B and think about CEC.

The restoration will take 4-5 months? Or the LMO? The current processing time for work permits (online application) is 41 days. If the LMO is processed fast enough I could be getting the WP in about 2 months... Right?

 

[rjessome]

The restoration will take 4-5 months? Or the LMO? The current processing time for work permits (online application) is 41 days. If the LMO is processed fast enough I could be getting the WP in about 2 months... Right?

Restoration takes longer than just a WP. But you are right, they have gotten faster in the last couple of week. After the WP is decided it goes to another unit to decide restoration. It usually takes up to another month for that decision so add 3 to 4 weeks onto the WP processing time. I'll send you a PM about the rest.