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Please Help me!! How to get a new Work visa or extend?

nanababy

Newbie
Dec 29, 2011
9
0
My current situation is my work visa almost exipred in another 3 month. In which way do I get my work visa extended? Im now in Open work permit. I common law with a Canadian and he is the father of my 2 little kids.

I came canada with my student visa, get a bachelor's degree and then transferred into a 3 year open work permit.
My current work permit will ends in April 9th, 2012.
During the 3 years, I had 2 babies, the father is canadian, however, he has a criminal record pretty serious related to domestic with his previous relationship.
On the meanwhile, me and him not really good, so I do not want to rely on him.
I get a job back in May, 2011, and I still currently working for that company.

I consult with a lawyer and he said I should get a LMO and then once I compleated my 1920 hours working time, I am allergible to apply for my Immigration for CEC.

However, the problem comes out, he gave me a list of the document I should get from my employer. I only get my employment letter and I kept all my pay step. The lawyer require me to ask my employer about their last tax form and all the revenue canada documents. With my current position and my company is a private company who owns about 200 employee. They are on the transitional to sell to a huge corporation. So, I do not think its possible to get all these documents.

Then the lawyer said i continue work till my open work visa expired. he will submit an application for my LMO, which for sure will be reject, but then I had a 90 days can continue working for that company, and then once I get my 1920 hours, I would be able to submit my CEC application.

I think that involves with so much risk, I dont know what to do. Does anyone can help me and let me know what shall I do? Am I able to apply a work visa through 2 kids? my kids born on 2009 and 2010. They are only 1 and 2 years old.

Please help me out. I live in Toronto. I dont want to get kick out from the country. I just dont understand, I work, pay tax, paid so much money on tuition before, have 2 kids, why is it so hard. Anyone has any referral lawyer can deal with my case???? please help me

Thanks.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I'll help with one question. It is not possible to get a work visa through your children.

As Canadian citizens, your children may be able to sponsor you once they turn 18 (assuming they meet the financial and other requirements to sponsor). However right now, you can't derive any benefit from them. You will have to qualify on your own.
 

nanababy

Newbie
Dec 29, 2011
9
0
Thank you for replying. I understand its impossible to get work visa through kids.
However, currently Im still working. my whole household income relys on me. my 2 kids, and my common law. Due to the current situation, my common law is unemployed. With the LMO, I read through the condition for my employer, I do not believe they would help me and provide all these documents for T4 and business license.

as an account manager, mostly it is selling online advertising B2B. A large partial it involve with sales role. I am one of the top most valuable employee that my company has. We have very high turn over, I am one of the 50 people that stayed and successfully tranferred to permenant.

I get paid pretty good. With commission, easily 50K a year Gross income. I dont know through which way I can continue stay here with my family and continue work to support the family. Please help me.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Your best option is to get a new work permit. However to get a new work permit, your current employer will have to file an LMO. If they're not willing to do this - then I would start looking around for a new employer now who is willing to go through the LMO process to hire you.

What your lawyer is suggesting (working until your open work visa expires and then submitting the LMO even though you don't have the right paperwork) may give you enough hours to apply for CEC. However as soon as the LMO is refused, you'll have to stop working immediately. Processing time for CEC is currently 15 months. How are you going to survive these 15 months in Canada? Without a new work permit - you won't be able to work. On top of that - you won't have status. Would you consider returning to your home country while the CEC is being processed?

Again, best option is either to have your current employer submit an LMO or find a new employer who's willing to submit an LMO.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,177
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just to add...

You cannot apply for an LMO. Only your employer can apply for an LMO.
 

nanababy

Newbie
Dec 29, 2011
9
0
just wondering, then do u know how can i know if an employer would able to file LMO for me? how does other ppl approach? Do I tell them before they even hire me?