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Work permit expired sooner, but employer is unable to apply LMIA

May 24, 2015
5
0
Im actually on work permit and it will be expired sooner in August 2015. I have 705 points with my LMIA, but Im still waiting for the draw to go down. My employer is having government issues because they have not respected the salary of foreign workers. All their LMIA which they are applying are being revoked. As my work permit will be expired sooner, my company wont be apply to apply my LMIA even if they want to do it. My family have accompanied me, even my two kids are going to school here. I dont know what to do if the points don't go down to be able to get invitation to apply permanent residence, and my company will not be able to apply the LMIA. To get a new job with a LMIA is really difficult. Im worried, I dont have too much time, can anyone know a solution, please let me know. Thanks
 

HAILMANU

Star Member
May 19, 2015
132
5
Maybe if LMIA is no longer an option than provincial nomination would be better for you? Its worth the same # of points as LMIA
 
May 24, 2015
5
0
But I have only working experiences in skilled job. I dont have any trade qualification to apply PNP. Even my employer can't apply the PNP for me, because of the government issues.
 

scylla

VIP Member
Jun 8, 2010
96,902
22,869
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
Are you saying that your employer has been paying you a lower salary than the salary mentioned in your LMIA?
 
May 24, 2015
5
0
Yes, he paid low salary to all foreign workers, but now when he is getting govt issues, he is now paying me for what he has said in my LMIA. He paid me also all the arrears, the difference for last year which he owed me, but he told me to return him back personally the money. He has done this to show that he is in good standing with foreign workers and also he can apply the LMIA. But, I know he wont be able to get the LMIA again.
 

kateg

Hero Member
Aug 26, 2014
918
87
124
British Columbia
Category........
Visa Office......
CPC-O
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2015
Nomination.....
N/A
AOR Received.
01-05-2015
IELTS Request
05-05-2015
File Transfer...
N/A
Med's Request
N/A
Med's Done....
16-04-2015
Interview........
N/A
VISA ISSUED...
N/A
LANDED..........
27-08-2015
You can try to find a LMIA employer, and possibly sue him for the wage fraud.

As for getting PR, it's always possible to apply for Humanitarian and Compassionate grounds.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

Short of that, you need to qualify for Express Entry. If you speak to the PNP people, they might be able to help you if you tell them your story.

You have rights, and what is happening to you is illegal.
 

kateg

Hero Member
Aug 26, 2014
918
87
124
British Columbia
Category........
Visa Office......
CPC-O
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2015
Nomination.....
N/A
AOR Received.
01-05-2015
IELTS Request
05-05-2015
File Transfer...
N/A
Med's Request
N/A
Med's Done....
16-04-2015
Interview........
N/A
VISA ISSUED...
N/A
LANDED..........
27-08-2015
Aslam Khodabux said:
Thanks dear, may be I have to go for immigration lawyer.
This is one of those cases where a good lawyer is a good idea. He or she will know your rights, and have more experience in dealing with issues like these.
 

kateg

Hero Member
Aug 26, 2014
918
87
124
British Columbia
Category........
Visa Office......
CPC-O
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2015
Nomination.....
N/A
AOR Received.
01-05-2015
IELTS Request
05-05-2015
File Transfer...
N/A
Med's Request
N/A
Med's Done....
16-04-2015
Interview........
N/A
VISA ISSUED...
N/A
LANDED..........
27-08-2015
Aslam Khodabux said:
Thanks I just want to know who are the PNP people?
That depends on the province. Google [province] PNP if you want to start looking.