Visitor, previous work permit holder, refused LMO, seeks new visa

[andrew-brit]

Hello, I will try and be brief.

I am a British citizen, married to a Canadian citizen and currently in Canada as a visitor. I have been married since June 22nd 2013.
In June 2011 I arrived in Canada on a open work permit visa through the UK govt. In July 2011 up until June 2013 I was working for the same employer in Canada. My open work permit visa expired in June 2013
My wife is a student and went on exchange to Australia as did I from July - December 2013. I worked for the same company in Australia. While I was out in Australia my company's law firm applied for a Labor Market Opinion. I just found out it was refused, I have not been told on what grounds. The law firm is trying to have the decision reviewed and overturned. I have been told this is unlikely.
My company would still like to re-hire me, I have a written offer of employment.

Questions:

1. Is there any visa I can apply for which does not need a LMO?
2. My wife and I will begin the sponsorship permanent residence application, however this does not enable me to work until a work permit visa is issued, some 7-10 months down the line, correct?

I appreciate any input!


Thanks,
Andrew

 

[canuck_in_uk]

My company would still like to re-hire me, I have a written offer of employment.

Questions:

1. Is there any visa I can apply for which does not need a LMO?
2. My wife and I will begin the sponsorship permanent residence application, however this does not enable me to work until a work permit visa is issued, some 7-10 months down the line, correct?

Hi Andrew

1. Basically, no. IEC would have been an option for an open permit but I'm assuming you've used that already, as you stated you had an open work permit for 2 years?

2. An inland PR app won't allow you to work until Stage 1 approval, currently taking 11 months. That said, if you go for spousal sponsorship, you should most definitely apply outland.


Was your job here in Canada skilled (NOC A, B or 0)? If so, you could have applied for PR under CEC, Canadian Experience Class, after 1 year or work.

Why didn't you apply for spousal sponsorship just after you got married in June 2013 or before, if you were common-law? If you have a look at the outland London thread and spreadsheet, you'll see that most June applicants, and quite a few subsequent applicants, have already been approved.


Your best option right now is an outland app through London, you should have PR in around 6-8 months. You won't get a work permit from that and will need to maintain your visitor status.

The only way you could work during the PR processing is if your company can get the positive LMO and you could get a closed work permit.

 

[andrew-brit]

Thanks canuck_in_uk,

Yes if I recall it was the IEC program I did twice.

Was your job here in Canada skilled (NOC A, B or 0)? If so, you could have applied for PR under CEC, Canadian Experience Class, after 1 year or work.

Yes I believe my NOC Code was A or 0, I was not aware of the CEC, thanks for bringing it to my attention.

Why didn't you apply for spousal sponsorship just after you got married in June 2013 or before, if you were common-law? If you have a look at the outland London thread and spreadsheet, you'll see that most June applicants, and quite a few subsequent applicants, have already been approved.

We got legal advice and were told it would be risky to apply for spousal sponsorship in case they requested an interview. We were in Australia so it would mean flying (and a lot of money). That is why we are only looking to submit it now.

Your best option right now is an outland app through London, you should have PR in around 6-8 months. You won't get a work permit from that and will need to maintain your visitor status.

This does seem like the best option, however if I decide to move back to the UK for 6-8 months once it is approved I will no longer need a work permit, correct? The long and short is I need to be working, be it Canada or UK.

One more thing, I received legal advice that it doesn't matter that my wife is a student and is not making an income (and is on student loans). I am the one who is supporting her, which is why I need to be able to work as fast as possible. Our legal advice mentioned that it would be OK for her to write a letter with her sponsorship application explaining the circumstances and that she will begin working in June 2014 (when she graduates). Is this appropriate advice?

Thanks for your help.

 

[canuck_in_uk]

We got legal advice and were told it would be risky to apply for spousal sponsorship in case they requested an interview.

This does seem like the best option, however if I decide to move back to the UK for 6-8 months once it is approved I will no longer need a work permit, correct?

One more thing, I received legal advice that it doesn't matter that my wife is a student and is not making an income (and is on student loans). I am the one who is supporting her, which is why I need to be able to work as fast as possible. Our legal advice mentioned that it would be OK for her to write a letter with her sponsorship application explaining the circumstances and that she will begin working in June 2014 (when she graduates). Is this appropriate advice?

Have you spoken to different consultants?

I ask because the first bit of advice, about the interview, is downright stupid. As a visa-exempt national, from an equally developed country, living in Canada for several years, you wouldn't have had and won't have an interview unless you have some MAJOR red flags, like you guys met the week before you got married or she's 40 years older than you .

However, the advice about your wife not needing an income is correct. You guys need to be able to show you can support yourselves without welfare; you can show this using any combo of your income, savings, financial support from family, future earning potential for your wife etc. Include a letter detailing how you guys plan to do it.

Regarding the part I bolded, I'm guessing you're asking if you require a work permit after the PR app is approved? The answer is no. Once you land as a PR, you have the right to live and work in Canada and will not require any form of work permit.

 

[delphinium]

Good luck with all. I want to say that you are way ahead of the game in having spousal sponsership. It is inconvenient and costly not to be able to work, but it is just a matter of time. Also check professions as I think there are a few fast track professions (mostly medical field) which might work. Would "Arranged Employment" help you at all? Check into it under skilled worker.
Re: Legal counsel, I just want to encourage everyone to find it, use the best, most prestigeous (yes CIC does recognize names and know the high quality firms) and ASK ASK AND ASK AGAIN.
Not only is Immigration Canada changing the rules constantly, BUT I have asked the SAME question to different attorneys and gotten different answers! It is quite discouraging. But had we gotten good counsel back in 2009, we would not be in the dire situation we now face.
Even our very excellent firm recently failed to suggest Arranged Employment as a solution to our problem,and it just might have worked for our PR application. Now, we are just thinking of giving up, as the NOC that was to work for our PR got struck from the list.
Sad state of affairs, but your situation is much more straight forward than most, so have hope!
Best of luck, delphinium