Need helps for my Situation!!!!

[David1905]

Hi Everyone!
I'm new and having some questions about my situation and really need your helps. I graduated as a Computer Programmer but I have been working in the restaurant for 2 years. The first year, my position was a line cook and customer service. I was about to apply under CEC as a cook title last December. Unfortunately, CIC Took off the Tittle "Cook" from NOC list and it happened just 1 month before i have gained 1 year of experiences. After that, I worked for another employer as a customer service and line cook again. My current Employer now can offer me a position job as Sous-Chef or Assistant Manager this November. My Work Permit is expired 2015 Jun. My questions are:
- In the employment requirements, they do require to have a certificate or diploma which is related to my field such as hospitality or food but i graduated from Computer Programmer. Will it effect to my application?
- I'm having 2 years experiences of working in the restaurant and will get a Sous-Chef or Assistant Manager tittle this coming November. I'm wondering that Am I able to apply under CEC after getting new job offer after 2 years of working in 2 different employers or I have to gain 1 year experience since i get the new tittle (Which means I have to wait til 2015 November to be able to apply).
Any information would help me a lot!
Many thanks in advance!

 

[scylla]

You have to gain one full year of experience under the new title before you will qualify to apply for CEC. So yes - you will have to wait until November 2015 if you want to apply under CEC.

 

[mf4361]

I am no expert but I'll try :-[

CEC requires only cumulative 1 year experience, so you don't need to work for the same employer or under the same NOC code to meet the 1 year if you are on an open work permit. (For closed work permit, since it only allows work under the same position, anything else is technically illegal and CIC people might think it's ineligible. See some cases on this forum & correct me if I'm wrong ???)

Just the fact that your work experience doesn't match your field of study doesn't make you ineligible straight away, but it might probably raise concerns about how you gain your experiences. It's very common that a person's education doesn't relate to field of work. But ,say, if one applies as an engineering professor but the highest education is a diploma in literature, that clearly is a problem.

Just make sure, the total work period under eligible titles adds up to 52+ weeks. That is excluding title under Cook since it's not accepted anymore (and the other 5 titles).

 

[David1905]

You have to gain one full year of experience under the new title before you will qualify to apply for CEC. So yes - you will have to wait until November 2015 if you want to apply under CEC.

I am no expert but I'll try :-[

CEC requires only cumulative 1 year experience, so you don't need to work for the same employer or under the same NOC code to meet the 1 year if you are on an open work permit. (For closed work permit, since it only allows work under the same position, anything else is technically illegal and CIC people might think it's ineligible. See some cases on this forum & correct me if I'm wrong ???)

Just the fact that your work experience doesn't match your field of study doesn't make you ineligible straight away, but it might probably raise concerns about how you gain your experiences. It's very common that a person's education doesn't relate to field of work. But ,say, if one applies as an engineering professor but the highest education is a diploma in literature, that clearly is a problem.

Just make sure, the total work period under eligible titles adds up to 52+ weeks. That is excluding title under Cook since it's not accepted anymore (and the other 5 titles).

Thanks so much for your information!
For what you guys said, I will have to wait til next November to be able to apply. But my Work Permit is expired in 2015 Jun. How do I extend my Work Permit to keep my working til next December?

 

[mf4361]

Thanks so much for your information!
For what you guys said, I will have to wait til next November to be able to apply. But my Work Permit is expired in 2015 Jun. How do I extend my Work Permit to keep my working til next December?

You will need a apply for LMIA and extend your work permit.

Actually starting next year, express entry will start to take place, which means even you have a good LMIA, you might not get invited. And there is no way (at least by information we have for now) we can tell what CIC people thinks.

 

[David1905]

You will need a apply for LMIA and extend your work permit.

Actually starting next year, express entry will start to take place, which means even you have a good LMIA, you might not get invited. And there is no way (at least by information we have for now) we can tell what CIC people thinks.

How long can I extend my work permit through LMIA. If i dont get invited from express entry, that means i'm not able to stay here anymore even though i get a job offer?
I feel so bad for my case

 

[mf4361]

Not sure about the length of work permit...

If you have a job offer, you are likely to get invited (see CIC website) but I suspect they will give priority to people with offer in a high demand jobs. Very little info has released about this..

 

[yixiaop26]

You have to gain one full year of experience under the new title before you will qualify to apply for CEC. So yes - you will have to wait until November 2015 if you want to apply under CEC.

this guy have been here for :

Posts: 18886
Ratings: +443

 

[jes_ON]

For what you guys said, I will have to wait til next November to be able to apply.

The only caveat is that you should check when the new rules are posted in January, it's entirely possible that the list of 6 excluded NOCs will be revised or removed, so you will have to keep yourself informed.

Also - under the Federal Skilled Workers program, cook is not excluded. You might be eligible under the arranged employment stream, but your employer will have to apply for the LMIA... (because you are not currently on a LMIA-approved work permit).
http://www.cic.gc.ca/english/resources/publications/employers/arranged-employment.asp

There are also the Provincial Nominee programs...

 

[David1905]

The only caveat is that you should check when the new rules are posted in January, it's entirely possible that the list of 6 excluded NOCs will be revised or removed, so you will have to keep yourself informed.

Also - under the Federal Skilled Workers program, cook is not excluded. You might be eligible under the arranged employment stream, but your employer will have to apply for the LMIA... (because you are not currently on a LMIA-approved work permit).


There are also the Provincial Nominee programs...

Thanks you!
I just check and see that LMIA is not easy to get approved and Provincial Nominee Programs need to be applied within 2 years since the day I graduated. But It's been 2.5 years already for me

 

[Yagerr]

where are you in canada? which province?

 

[David1905]

where are you in canada? which province?

Im in Ottawa, On.
Is that LMIA hard to get approval? Its said that the applicant will be refused if the wage is below $23/hour depends on province. my wage is only around $14 -$16/ hour as an assistant manage restAurant. Will it take lots of time from employer to apply LMIA (posting hiring post, interviewing canadians employees for my position, providing job offer....) There is no way for me to extend my work permit without applying LMIa, isnt it?

 

[scylla]

There's no way to extend without an LMIA.

To get an LMIA, your employer will first have to advertise your job for at least a month to prove no Canadian could be found for the role. Then your employer can submit the application which can take anywhere from 6 to more than 19 weeks of processing time. It will also cost your employer $1K in fees.

 

[David1905]

There's no way to extend without an LMIA.

To get an LMIA, your employer will first have to advertise your job for at least a month to prove no Canadian could be found for the role. Then your employer can submit the application which can take anywhere from 6 to more than 19 weeks of processing time. It will also cost your employer $1K in fees.

Can my employer advertise in any website or it has to be assigned by cic? Does my employer have to interview some canadian candidates to prove that they dont match the role?my wage around $14-$16/ hours too low for my position?
Besides, i just have heard from my friend that if my wife is staying in canada with a valid study permit, i will able to extend my work permit til the day my wife SP is expired. Is that true. If so, it would be much better for me to extend my work permit( My wife is an international student of a COLLEGE)
Thanks!

 

[retwant]

Can my employer advertise in any website or it has to be assigned by cic? Does my employer have to interview some canadian candidates to prove that they dont match the role?my wage around $14-$16/ hours too low for my position?
Besides, i just have heard from my friend that if my wife is staying in canada with a valid study permit, i will able to extend my work permit til the day my wife SP is expired. Is that true. If so, it would be much better for me to extend my work permit( My wife is an international student of a COLLEGE)
Thanks!

I believe you need to refer to HRSDC website for LMIA requirement. They kept changing the rules, but the advertisement requirements were much stricker than few years ago. LMIA process is considered an arduous process, both costly and time consuming. Typically, it might not be considered worth it for restaurant industry, and especially for position lower than a manager.