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Oct 12, 2011
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Hello everyone,

I have a problem and I'm just trying to figure out what I should do. First, I'll give background on the situation... I will warn you first, there is a lot of information.

My girlfriend is from the US, I live in Canada. We have been together for over a year, and early in the relationship she decided she wanted to move to Canada, so started applying to jobs up here. We went on a trip together in September of 2010, during which time she went to an interview with a company. The company was interested in hiring her, however, they needed to know more about the visa process. This is where everything became complicated. They could not offer her a position unless she had a visa. We thought getting the job would be the hard part, but apparently things are a bit backwards up here for some reason. Anyway, the company told her to keep in touch and let them know how the process was coming along so that they would be able to offer her a job when she received her visa.

We started looking into the application process, and were completely confused by it all. We were able to determine she falls into the Skilled Worker category, but everything beyond that just seemed confusing, and we didn't want to submit an application only to have it rejected. We decided we should go with a lawyer. We chose a lawyer, and were really hoping he would be able to help us out, to get the application prepared and submitted in a timely manner. At first, everything seemed great. He told her what the process was, and was excellent to talk to. He seemed to really know what he was doing. We made an initial payment, and he gave her a list of things she needed to do. She got what he asked for, then he gave her a further list of things to do. She would then do what he asked for next, and again, he would ask for even more. The process had started to drag on by then, and it seemed this was the trend. Every month, she'd get more that he wanted her to do. I was concerned about this, and rightfully so. Why didn't he give her a full list of things to do from the beginning? Why make it drag on? We just want to start our life together.

During this time, she remained in contact with the company, and went for a few more interviews. The company was really interested in her, but again, she needed to be a Canadian citizen before they could extend an offer. We first contacted the lawyer in December of 2010, hired him later that month, and he dragged everything out. Then came July, and the government made changes. She had completed everything he said, finally, and we thought things were good... finally, he has everything, and he can submit an application for her. Then came the dreaded email about the changes, and she needed to do even more before he could submit the application. We went through the list of things, she was able to do most of it, but hit one snag. She needs to have $11,000 in her bank account. Neither of us are wealthy, so this was a big snag. The lawyer advised us that if the company that was interested in hiring her could say they would hire her when she got her visa, that we wouldn't have to worry about the money. Ok, no problem, they are interested in her, so this should be fine, right?

Nope. Sadly, they cannot make such an offer for legal reasons. The company is unionized, and they are not allowed to make such an offer to someone who is not currently a Canadian citizen, when there are Canadian citizens that could be hired for the position. While they were very interested in her and she was more qualified than most Canadian citizens, they could not legally help us out in this way. So, now she's back to square one, except now we need $11,000 on top of everything because of the changes.

So, to the questions I guess. Is this the normal process? Do lawyers drag this stuff out like this all the time, or did we get a bad lawyer? It just seems to me that if he had given her a full list of everything she needed at the beginning, she could have acquired everything she needed within the first month, given it to him, and he could have put it all together and sent the application off before things changed in July. It seems like he kinda screwed us over.

We have talked about firing him and getting another lawyer, but it's hard to justify doing so when we've already put so much into this. Besides, he would probably keep the money we already gave him and ask for more for the work he did do, meaning it'll cost us more to fire him than if he actually did his job right in the first place.

Forgive me if this is the proper way to do things. I am just frustrated and I don't think this is right. What should we do? Is this the way things are supposed to work? Thanks for any suggestions...
 
With a few small exceptions, a Canadian company cannot hire a foreigner for a job if they can find a Canadian citizen or Canadian permanent resident to fill the role. Based on that, what you are experiencing sounds perfectly normal. As many others on this forum will tell you, it's quite difficult to find a job in Canada if you are not already allowed to work here.

And yes, if your girlfriend wants to apply as a skilled worker without a job offer, she needs to have money in the bank.

How serious is your relationship? Are you planning on getting married? If so, then getting married and sponsoring your girlfriend as a spouse is likely the easiest way to go.
 
Confuzzled Dude said:
Hello everyone,

I have a problem and I'm just trying to figure out what I should do. First, I'll give background on the situation... I will warn you first, there is a lot of information.

Hi,

Very sorry to hear to your story. This is what I feel:

1. The lawyer took you for a ride....he first painted a very rosy picture knowing very well the chances of almost 0% success for your friend to actually begin a job here in Canada.

2. I do not know what procedure was adopted by the lawyer but for any Foreign national to be employed in Canada (For that matter in any other country other than home country) would require some documentation approving the Job for the foreign national.

In Canada, the procedure is known as getting a POSITIVE Labour Market opinion in favor of the applicant for the job. This is done by the Employer and he has to, firstly advertise the Job in National Job market for atleast 14 days and prove that NO CITIZENS or PR holders are available for the job. Only in such a scenario can a foreign national get a job. This procedure has to to be approved by HRSDC (Canada). This is done to safeguard the employment of all Citizens and PR holders.....which is also done in USA.....this is not backward....this is the RULE...any Govt would do it.

3. Since the above procedure has failed ....which means that there were Citizens or PR holders available for the job...it is impossible for your friend to begin this job for which she was interviewed.

4. The option available is to apply for Permanent Residency under Federal Skilled Category and then she could do any job with any employer. Begin by checking the following link. Check if her profession is in the current demand list and if she has had experience in that profession for one continuous year in the last 10 years. Currently, the processing of such applications is taking about 1 year + . A system of CAP has been introduced , so check the current availability of application intake for the particular profession of your friend before you begin to put together the application package.

Link: http://www.cic.gc.ca/english/index.asp

You need any more clarification or help just post your queries here...somebody will help you.

Mitali

Nb: Now that I read your above post on marriage.....If you are a Canadian....Yes, marriage could solve your problem. Be assured that your application will be under scrutiny as it may be considered as Marriage of convenience by the VO.

I agree with Scylla on this. :)
 
I agree with mitali. Ditch the lawyer.
 
Good Day, In No. 10 of Generic Application form of Canada It says Current conutry of residence then next to it is status. I have chosen status as OTHERS . beside status it says OTHERS. What will I put there?I'm already Ilegal but I dont know what to right from there? is it Illegal, Out of status? etc... please help