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Urgent consultation about my case

Wesley64

Newbie
Jan 7, 2014
5
0
Hi All Seniors, please review my case and release my confusion.

My wife and I are in Canada right now with work permits. Mine is a closed work permit and my wife’s is open. My two year contract with my last employer ended on the 13th of December 2013, and my wife is working as a store manager at a local grocery store. However, our work permits are going to expire at the end of January. To continue working legally in Canada, we need to extend our work permits or apply for permanent residency. As for our situation, I have some questions for you.

1. I know we need a LMO so that my wife can apply for a work permit. My wife’s boss is applying for a LMO for her according to the procedure, but I would like to know if there are any restrictions on the number of employees in the company and I’m not sure if we can get a LMO eventually because her store is a small one—about four to five employees. Can we apply for work permits while the LMO is in process?

2. Since both of us already have over a year or equivalent work experience in Canada, theoretically either of us can be the principal applicant to apply for the PR under CEC. Here are our problems:

My two year postdoctoral experience at University meets the requirements of CEC without a doubt, but I only got 6 in total on my IELTS test with two 5.5s in writing and speaking respectively. So we decided that my wife would be the principal applicant at the moment. My wife got an 8 on IELTS with 9 in listening, 8.5 in reading, 7.5 in writing, and 7 in speaking. She has been working as the store manager of a grocery store for nearly a year, supervising the overall operation of the whole store, determining pricing, recruiting and training staff, etc. In short, her responsibilities fit the job duties of Retail and wholesale trade managers (NOC 0621). Our concern is whether the size of the company would affect her application. The ownership of her store has just changed. I’m wondering if this change has bad effects on counting her work experience time. On the other hand, if we want to hand in our PR application before our work permits expire, her work experience as a store manager will be seven days shorter than a year, though hours are far over 1560 hrs. Can we count her time as an administrator assistant at an education agency into it? But it happened the agency closed last year and we couldn’t find her supervisor anymore, it would be hard for anybody else to verify her job duties, though we know it has other branches in other cities of Canada. Would it be possible to count her hours at the agency without a letter of recommendation, describing her payment, job responsibilities and others?

3. If we hand in our applications for work permits and PR next week, we might not be able to hear anything from CIC before Jan. 31st. Do we have to leave Canada at the end of January when our work permits expire? It would be a bit troublesome moving our stuff out of Canada and in again in a short period.

Thank you for your time. All of your kind answer will be appreciated.

Best wishes,

Wesley
 

grishan1

Hero Member
Sep 5, 2013
204
2
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
Feb 28, 2013
AOR Received.
Apr 12, 2013
Med's Request
Dec 7, 2013
Med's Done....
Dec 13, 2013
Passport Req..
Dec 18, 2013
LANDED..........
Jan 24, 2014
As far as I know, if you applied for a new work permit before expiration of an old one, you can still work (they call it implied status)...
But, read this carefully: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17
Second, why don't you try to pass a new IELTS ?
 

Wesley64

Newbie
Jan 7, 2014
5
0
Thank you Grishan1 foryour kind answer. I planned to take another IELTS test. But I'm not confident that I can improve my English and pass it before our work permits expire.
May I ask you another question? Is the size of the company would be a problem in getting a LMO or Canadian experience?

Wesley
 

grishan1

Hero Member
Sep 5, 2013
204
2
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
Feb 28, 2013
AOR Received.
Apr 12, 2013
Med's Request
Dec 7, 2013
Med's Done....
Dec 13, 2013
Passport Req..
Dec 18, 2013
LANDED..........
Jan 24, 2014
Sorry, I don't know... I was exempt from LMO... Lets wait what seniors will answer (if you need, I can also give you a contact of my immigration consultant, send email to poblizosti at mail dot ru)
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Wesley64 said:
1. I know we need a LMO so that my wife can apply for a work permit. My wife's boss is applying for a LMO for her according to the procedure... Can we apply for work permits while the LMO is in process?

Yes - if you are within the 2 weeks BEFORE the expiration date on your work permit, and have already applied for the LMO (provide evidence), then you can apply for a work permit with the LMO in process. Then your wife can continue working on IMPLIED STATUS (same terms as previous work permit) until you receive a response from CIC on the work permit application. You only have implied status if both the LMO application, and the WP application are submitted BEFORE the current work permit expires.

See the section on "Concurrent Processing" in this operational bulletin -
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob152A.asp
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Wesley64 said:
My two year postdoctoral experience at University meets the requirements of CEC without a doubt, but I only got 6 in total on my IELTS test with two 5.5s in writing and speaking respectively. So we decided that my wife would be the principal applicant at the moment. My wife got an 8 on IELTS with 9 in listening, 8.5 in reading, 7.5 in writing, and 7 in speaking. She has been working as the store manager of a grocery store for nearly a year, supervising the overall operation of the whole store, determining pricing, recruiting and training staff, etc. In short, her responsibilities fit the job duties of Retail and wholesale trade managers (NOC 0621). Our concern is whether the size of the company would affect her application. The ownership of her store has just changed. I'm wondering if this change has bad effects on counting her work experience time. On the other hand, if we want to hand in our PR application before our work permits expire, her work experience as a store manager will be seven days shorter than a year, though hours are far over 1560 hrs. Can we count her time as an administrator assistant at an education agency into it? But it happened the agency closed last year and we couldn't find her supervisor anymore, it would be hard for anybody else to verify her job duties, though we know it has other branches in other cities of Canada. Would it be possible to count her hours at the agency without a letter of recommendation, describing her payment, job responsibilities and others?
So - you don't qualify at this time because of the IELTS scores. To keep your options open, you could try to taking the IELTS again, or try the other exam (CELPIP) instead.

Your wife will qualify AFTER completing 1 year as a store manager, not before (hours do not matter unless she works part-time, or fewer than 30 hours per week). Her previous experience as an admin assistant cannot be used at this time - even tho it's classified as skill level B, CIC recently revised the CEC program to exclude a small number of high-volume occupations, including administrative assistant.
http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

I would not worry about the size of the store or number of employees - if it is a legitimate business, it should be accepted. Your wife's employer will have to be able to write the letter of employment. If ownership has recently changed, it might be a good idea to ask for a letter from the previous owner as soon as possible. Then request a letter from the new owner after working for a full year.

As for suggestions that you apply for CEC and the BOWP - those are good FUTURE suggestions, but if your work permits expire before your wife qualifies, then it will not solve your immediate problem.
 

Wesley64

Newbie
Jan 7, 2014
5
0
Thank you, byrwus and jes_ON.

We should have started earlier, but we didn't pay much attention to our status untill recently we realized it was a problem. It seems a little bit too late: I don't have enough time to take another IELTS test; My wife's work experience as a store manager is too close to a year when our work permits expire.

I know it's going to be a while before we can get BOWPs, so even though we hand in our PR applications immediately, we still have to leave Canada and wait for a decision when our work permits expire.

So according to all of your opinion, we will hand in work permit applications to buy us some time staying here leagally. When my wife works for a fully year(Feb. 8th), we will submit our PR applications. Do you guys think it's applicable?

Thank you evry much!

Wesley
 

Pippin

VIP Member
Mar 22, 2010
4,254
531
Just to be certain, check that your wife's duties still qualify for CEC. I am not sure if her NOC falls under Retail Sales Supervisor which has fallen off the list. Fingers crossed. There is always PNP to fall back on.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
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Category........
Visa Office......
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Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
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01-Mar-2011
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30-Jun-2011
VISA ISSUED...
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Pippin said:
Just to be certain, check that your wife's duties still qualify for CEC. I am not sure if her NOC falls under Retail Sales Supervisor which has fallen off the list.
Excellent point!
 

Wesley64

Newbie
Jan 7, 2014
5
0
Thank you Pippin and jes_ON for reminding me, but my wife is pretty sure that her job fits NOC 0621. What confusing me now is if we have to leave Canada if her boss failed to apply for a LMO for her and we can't submit our work permits applications before the current ones expire.

Cheers,

Wesley
 

esbex550

Hero Member
Jun 18, 2013
213
3
125
Currently in India.. Based in Toronto
Category........
Visa Office......
CPP- OTTAWA
NOC Code......
0013
Job Offer........
Pre-Assessed..
App. Filed.......
21-09-2012
Doc's Request.
06-11-2012
AOR Received.
22-10-2012
IELTS Request
10-1-2013
File Transfer...
04-12-2012
Med's Request
07-10-2013
Med's Done....
22-10-2013
Interview........
waived....Decision Made 13-01-2014
Passport Req..
10-01-2014. Sent PP on 03-02-2014
VISA ISSUED...
09-01-2014. Received PP on 13-02-2014
LANDED..........
landing in April
byrwus said:
Wesley, If the thread question took you less than 15 minutes, then your English is better than half of Edmonton.

If I were in your boots:

Your wife should asses her chances to apply under CEC as principal applicant and you should do it for yourself too.
Then choose the one with better chances, apply, pass the first stage and apply for open work permits.

You can apply for a BOWP before you have your AOR.

For the LMO. The smaller the business the better as long as it is steady and solid without any financial problems.

These are two independent approaches.
CEC and BOWP is one
LMO is the second one.

You can try both. hurry


just my two cents.
for positive lmo, the bigger the company better are the prospects..
 

jes_ON

VIP Member
Jun 22, 2009
12,088
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Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Wesley64 said:
Thank you Pippin and jes_ON for reminding me, but my wife is pretty sure that her job fits NOC 0621. What confusing me now is if we have to leave Canada if her boss failed to apply for a LMO for her and we can't submit our work permits applications before the current ones expire.
If her boss does NOT apply for the LMO, and you & your wife do not apply to extend your work permit before the old ones expire, then you will be out of status and have to leave Canada. Neither of you are authorized to work after that until you receive a new work permit.

If you are still here after your permits expire, there is a 90-day grace period during which you can either apply to restore your status & change your status as a Visitor, or you can apply to restore your status and to extend your work permit (if her boss applies for the LMO late). You can't work in either case, until you RECEIVE a new work permit. If she continues to work without authorization, the experience will not count towards CEC, and could get you both removed from Canada.

If you apply for a new work permit anyway without the LMO, technically you are authorized to remain in Canada and work under "implied status" until you receive a refusal. In practice, this won't help you much, because it looks like CIC has recently gotten wise to people using this loophole - without the LMO, it's not a "valid" application, and a recent case was refused for that reason.