Medical Done last week. But, my work extension got refused. URGENT HELP!

[Misun]

Hello everyone,

I am so stressed and don't know what to do right now. I had sent my PR application last November and got requests from the NY consulate this month to do my medical and my medical was done on September 14th. The doctor's office told me that it will take maximum of 10 days for the doctor's office to send the report.

Meanwhile, I have applied for a work permit extension as my WP expired on July 11th. Unfortunately, I got a refusal letter yesterday because they need LMO from my current employer.

They gave me a choice to apply for restoration of status within 90 days from the expiry date (Sep. 13th). The letter states that if I'm not planning to apply for restoration, I have to leave the country immediately.


1. Do I have to quit my job immediately while I apply for restoration of my work permit?


2. Does anybody know what kind of responsibility my company will be undertaking if my company get LMO for me? I heard from somebody that the company has to agree to pay taxes for me? I could be wrong.


3. My job falls under NOC list 2172 (closest to this at least) and I have been working at current company for more than 2 years. But, I don't think the position necessarily requires a Foreign Worker nor my company had tried to hire a Canadian citizen or PR since I got the job in 2008. Would I still get a positive LMO?


I am married to a Canadian Citizen and have a mortgage to pay. What am I supposed to do? They are expecting me to leave my husband and quit my job and leave the country.

Please help.. any kind of advise will be appreciated... :'(

 

[hbic]

hi. so you're married to a canadian.. what kind of work permit do you have? did you apply for a family sponsorship or cec? coz you have more advantage if you are married to a canadian. why not use it to get a spousal visa, not sure if it is like a visitor visa, or you suppose to have an open work permit if you applied under family sponsorship and don't need LMO. that's what i know. maybe you didn't apply under family sponsorship. your PR application decision won't be too long anyways. probably in 2 to 3 months you will get the final decision. i think it's ok to apply for a restoration, 90 days is good enough for you to receive the final decision of your PR application. since you already got refused for work permit, in my opinion, i would this....

apply for a restoration of status, so you don't have to leave the country. i think you are not allowed to work during the restoration process. my opinion is, but i might be wrong, your implied status has lapsed when they made their decision in your work permit application. regarding paying taxes by the company, i think we are the one who pay the taxes. in my experience, the company applied for LMO several times. but i was the one who paid the taxes of my earnings. and that will be computed in the next filing of income tax return. well, considering you lost your status when you got refused, there should be no records of your earnings, and that includes taxes.

well, i am hoping the best for you to stay here in canada. just wait for couple of months and you will be fine...

 

[Misun]

hi. so you're married to a canadian.. what kind of work permit do you have? did you apply for a family sponsorship or cec? coz you have more advantage if you are married to a canadian. why not use it to get a spousal visa, not sure if it is like a visitor visa, or you suppose to have an open work permit if you applied under family sponsorship and don't need LMO. that's what i know. maybe you didn't apply under family sponsorship. your PR application decision won't be too long anyways. probably in 2 to 3 months you will get the final decision. i think it's ok to apply for a restoration, 90 days is good enough for you to receive the final decision of your PR application. since you already got refused for work permit, in my opinion, i would this....

apply for a restoration of status, so you don't have to leave the country. i think you are not allowed to work during the restoration process. my opinion is, but i might be wrong, your implied status has lapsed when they made their decision in your work permit application. regarding paying taxes by the company, i think we are the one who pay the taxes. in my experience, the company applied for LMO several times. but i was the one who paid the taxes of my earnings. and that will be computed in the next filing of income tax return. well, considering you lost your status when you got refused, there should be no records of your earnings, and that includes taxes.

well, i am hoping the best for you to stay here in canada. just wait for couple of months and you will be fine...

Hi hbic, thank you for your reply and your kind words.

I had a post-graduation work permit.

I chose to apply PR under CEC instead of Family Sponsorship because one of my friend told me that Family Sponsorship takes too long (I heard it would take at minimum a year). Plus, when I checked the processing time for CEC at that time, the website said only 6 months. So, I decided to apply under CEC and of course it's taking more than 6 months now.

I guess I am slowly accepting the fact that I have to stop working almost immediately.

When I got the work extension refusal letter, my temporary resident status had already expired almost a week before (13 Sept. 2011). But, I have been working not knowing the fact that I got rejected. What's going to happen for those days?

How can I just stop coming to work? There is nobody who can take over my responsibilities at this moment. I feel terrible for my employer.

I guess I will get the PR eventually... but I thought it will be much smoother than the situation I'm in right now.

 

[scylla]

Inland spousal sponsorships typically take at least a year. With the outland process, you can qualify for an open work permit after the first stage of processing is done. First stage processing currently takes 10-11 months.

Outland spousal sponsorships can take far less than a year (it depends which country you are from). And yes, you can apply outland while living in Canada. With the outland process, you qualify for a SIN and can work for any employer in Canada once your file has been approved and you have landed in Canada.

It's too bad you and your employer weren't aware that an LMO was a mandatory requirement for extending your work permit. And yes, in order to qualify for an LMO, your employer would first have to advertise the job for at least two weeks to prove they were unable to find a Canadian citizen or PR to fill the role. If they don't advertise the position, the LMO will be refused.

Good luck.

 

[Misun]

Yes... I definitely regret that I didn't go with Spousal Sponsorships now. I wanted to accomplish this "all by myself". Well..

When I was preparing for the Work Permit extension, the checklist didn't list the LMO as a mandatory requirement. It said "A photocopy of your HRSDC confirmation (IF APPLICABLE)" and I thought it's not applicable for me since I have an open work permit. I think post-graduate work permit is open. I could be wrong...

Thank you scylla for confirming that my employee has to advertise the job.

Well, what's done is done. I will try to make the best out of this situation. I'm going to talk to my boss today. Wish me luck!

BTW, does anybody know if I can continue working for about a week or so from now? I'm deeply involved in projects at my current position and I need some time to transfer my work to other colleagues or train somebody to take over.

I think it's unfair for my employer.

 

[rjessome]

Unfortunately, this could have been so much easier for you if you had known what the requirements were. Your employer could have applied for an LMO for you and did NOT need to advertise because you were on a post-graduate work permit (if you were working in a skilled position). You would have been able to extend your status for 2 years.

Sadly, there is no remedy now. You cannot continue to work. You should apply for restoration to change your conditions from worker to visitor at the very least so you can stay.

 

[Misun]

Unfortunately, this could have been so much easier for you if you had known what the requirements were. Your employer could have applied for an LMO for you and did NOT need to advertise because you were on a post-graduate work permit (if you were working in a skilled position). You would have been able to extend your status for 2 years.

Sadly, there is no remedy now. You cannot continue to work. You should apply for restoration to change your conditions from worker to visitor at the very least so you can stay.

I can only get restoration to visitor's status?

I was going to apply for restoration to regain my working permit. (I know I should be getting my PR in few months, but just in case my PR takes longer than expected.) Can I restore my work permit status?

and Is it true that my employer does NOT need to advertise because I was on a post-graduate work permit? My job falls under NOC list 2172.

Thank you always for help.

 

[hbic]

geez... your case is very interesting... well, you can ask your employer to pay you under the table.. just to finish your current project.

 

[jes_ON]

and Is it true that my employer does NOT need to advertise because I was on a post-graduate work permit?

Yes, this is true. Your employer would also have to indicate that the job is temporary with "intent to permanent" when you become a permanent resident.

 

[Misun]

geez... your case is very interesting... well, you can ask your employer to pay you under the table.. just to finish your current project.

Hi hbic, in't it? I am starting to get the joke of this whole situation. haha... (still hurts to laugh tho..)

and yes....I can't say I didn't think of that idea... But, I don't want to get caught!!!

 

[Misun]

Yes, this is true. Your employer would also have to indicate that the job is temporary with "intent to permanent" when you become a permanent resident.

Thank you jes_ON!!!

This is a great news. I will let my employer know that they don't need to prove that they tried to hire someone else. They are eager to help me with the LMO.

I will update everyone with my status!

 

[rjessome]

Yes, as jes said, the employer can apply for the LMO and you can apply for restoration of your work permit. BUT, you MUST stop working NOW. You cannot work while that is in process.

 

[Misun]

Yes, as jes said, the employer can apply for the LMO and you can apply for restoration of your work permit. BUT, you MUST stop working NOW. You cannot work while that is in process.

Thank you rjessome for your concerns.

I had talked to my employer and stopped working last week. They were nice enough to tell me that they will help me with the LMO and to give me 2 - 3 months off until everything gets sorted out. I am blessed to have them as my employer.

Now, only I can figure out what to do with this sudden free time...

 

[adelaide4]

Thank you rjessome for your concerns.

I had talked to my employer and stopped working last week. They were nice enough to tell me that they will help me with the LMO and to give me 2 - 3 months off until everything gets sorted out. I am blessed to have them as my employer.

Now, only I can figure out what to do with this sudden free time...

Congrats Misun..thats a great relief !! Am also in the same boat.. My husband and I are applying for our work permit extension while LMO is in progress. My husband's WP expires on Sept 30th,2011.So his WP and my OWP appln are filed for renewal although we did not hear anythg about LMO .

And now that am pregnant , am planning to take my unpaid maternity leave from Nov 20th,2011 and my work permit renewal is submitted .

Can any of you pls advise if am legal to avail maternity leave (unpaid leave) or should i quit my job ??

please shed some light..Can you suggest any option on how to avail maternity leave ?

 

[Misun]

Congrats Misun..thats a great relief !! Am also in the same boat.. My husband and I are applying for our work permit extension while LMO is in progress. My husband's WP expires on Sept 30th,2011.So his WP and my OWP appln are filed for renewal although we did not hear anythg about LMO .

And now that am pregnant , am planning to take my unpaid maternity leave from Nov 20th,2011 and my work permit renewal is submitted .

Can any of you pls advise if am legal to avail maternity leave (unpaid leave) or should i quit my job ??

please shed some light..Can you suggest any option on how to avail maternity leave ?

Hi adelaide4,

Unfortunately, I'm not familiar with this subject either..I'm trying to figure out if I'm eligible for EI at this moment as well. I have been trying to call, but their line is busy...

Have you tried calling HRSDC?