Should I hire an immigration lawyer? Currently working but post-grad work permit expiring in 2 months (Global Talent Stream)

[rapirap]

Hello everyone,

I'm not sure how to proceed. I'm currently working as a Web Designer (NOC 2175) so I'm eligible in the Global Talent Stream category B. My boss agreed to help me and supply the required documents but I'm doing all the research and I'm not up for it. My work permit is expiring on Jan. 9, 2021.

So my plan is to hire an immigration lawyer to handle the work permit application via GTS. Hopefully, we can send the application before my PGWP expires but if not, I'm planning on applying for a Visitor's Visa (or Visitor's Record) just to extend my stay while waiting for the GTS application to get through.

Is this a wise plan? December is coming and I'm afraid the holidays might delay everything. But with a visitor's visa, I can extend my stay and hopefully restore my temporary worker status. There is an issue with the money though. I have about C$10k saved up. Going through this process might bleed me dry. It's kind of an all or nothing situation. I could really use your advise, guys. Please help.

Thanks for reading.

 

[Jimi01]

There are two parts of the story:
1. Company has to apply for LMIA even though you did research and make the documents. So if you need help in this step, company has to hire lawer/consultant because the applicant is them not you.
2. If they already submitted or received LMIA, it's better to apply wp yourself. The same thing, lawyer will email you back and forth again and again to fill up and check. That doesn't save time at all.

 

[Naturgrl]

Agree with Jimi01. If the company hasn't applied then this will take time and experience by their HR staff. If not able or have the time they need to hire consultant or lawyer to complete the LMIA. This isn’t something you can do as they need to develop the labour market plan and show why hiring you will help them build their business and hire more Canadians/PRs. Has your employer posted the job and can’t find anyone. That is the first step. Once successful, with the LMIA you can apply for a closed work permit. This can take months toO. It will not be completed before January 9 when you need to stop working. Look to switching to visitor status.

 

[Jimi01]

Agree with Jimi01. If the company hasn't applied then this will take time and experience by their HR staff. If not able or have the time they need to hire consultant or lawyer to complete the LMIA. This isn’t something you can do as they need to develop the labour market plan and show why hiring you will help them build their business and hire more Canadians/PRs. Has your employer posted the job and can’t find anyone. That is the first step. Once successful, with the LMIA you can apply for a closed work permit. This can take months toO. It will not be completed before January 9 when you need to stop working. Look to switching to visitor status.

For GTS stream, job advertising is not required. With expedited process, it takes only 2 weeks to get lmia approved if everything are satisfied.

 

[Naturgrl]

For GTS stream, job advertising is not required. With expedited process, it takes only 2 weeks to get lmia approved if everything are satisfied.

But to have expedited processing you can’t apply from inside Canada. He is working for the company in Canada and wants to stay in Canada while processing. And for hiring, you still need to show that you have tried to recruit Canadians.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/global-skills-strategy/2-week-processing.html

https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html#h1

 

[lostinquebec]

But to have expedited processing you can’t apply from inside Canada. He is working for the company in Canada and wants to stay in Canada while processing. And for hiring, you still need to show that you have tried to recruit Canadians.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/global-skills-strategy/2-week-processing.html

https://www.canada.ca/en/employment-social-development/services/foreign-workers/global-talent/requirements.html#h1

OP is mentioning Global Talent Stream which is a different program from Global Skills Strategy. GTS requires LMIA as usual, you have to apply inland and expected timeframe is 11 business days for LMIA + 10 business days for WP.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/labour-market-impact-assessment-processing-times.html

Hello everyone,

I'm not sure how to proceed. I'm currently working as a Web Designer (NOC 2175) so I'm eligible in the Global Talent Stream category B. My boss agreed to help me and supply the required documents but I'm doing all the research and I'm not up for it. My work permit is expiring on Jan. 9, 2021.

So my plan is to hire an immigration lawyer to handle the work permit application via GTS. Hopefully, we can send the application before my PGWP expires but if not, I'm planning on applying for a Visitor's Visa (or Visitor's Record) just to extend my stay while waiting for the GTS application to get through.

Is this a wise plan? December is coming and I'm afraid the holidays might delay everything. But with a visitor's visa, I can extend my stay and hopefully restore my temporary worker status. There is an issue with the money though. I have about C$10k saved up. Going through this process might bleed me dry. It's kind of an all or nothing situation. I could really use your advise, guys. Please help.

Thanks for reading.

The employee is not supposed to pay for the GTS program cost, and your employer will need an experienced consultant/lawyer. Keep in mind that if you apply for visitor visa and your current WP expires, you need to stop working and wait until you get your new WP, you can't benefit from implied status.

 

[rapirap]

Thank you all for the replies. I don't think I'm going through Global Talent Stream anymore. There is simply no more time and my employers are too busy to process the documents even with a lawyer. I do however, have an off topic question; So I applied for express entry and my current score is 429, but I have my ECA coming. I'm just confused between the score you get from CRS and FSW. So assuming they consider my bachelor's 4 year degree. Do I get 120 CRS or 21 FSW? I think it would be good if it was 120 CRS as I would reach more than 500 which is what I was aiming for. Anyone have any insights?

 

[scylla]

Thank you all for the replies. I don't think I'm going through Global Talent Stream anymore. There is simply no more time and my employers are too busy to process the documents even with a lawyer. I do however, have an off topic question; So I applied for express entry and my current score is 429, but I have my ECA coming. I'm just confused between the score you get from CRS and FSW. So assuming they consider my bachelor's 4 year degree. Do I get 120 CRS or 21 FSW? I think it would be good if it was 120 CRS as I would reach more than 500 which is what I was aiming for. Anyone have any insights?

It would be 120.

What do you have listed as your level of education in your EE profile now? Normally you cannot set up your EE profile without first doing ECA.

 

[rapirap]

It would be 120.

What do you have listed as your level of education in your EE profile now? Normally you cannot set up your EE profile without first doing ECA.

I have the bachelors listed but I did not mark it as assessed by ECA so currently I only got 90 points for it. So when it is assessed, I should be able to get 30 more points, right?