Work permit expires in 2.5 weeks and I was just denied permit... HELP?

[TDTF]

Hello,

I am in need of advice. I have been visiting Canada over the course of my life from Germany and last summer I met the woman who is now my fiancee. We've been together for 1.5 years visiting eachother back and forth but were only able to finally consistently live with each other since August this year. So we wouldn't yet be considered common law. We've been planning a wedding for next year with all our family and friends from Germany and Canada. She is the reason I want to work here and our love and relationship is genuine however we do not fall under any category where immigration would consider our relationship as a factor.

I got a full time job offer, making a good salary, and started there this week. Everything was looking like it was finally taking shape. We were just awaiting news for a new work permit so that I would be covered once my current IEC expired. We were devastated this week to find out I was denied because I was missing one document: the LMIA. They waited until saying no to tell me what I was missing but never mentioned that I needed this document along any step of my application process or even when I would check the status of my application online. I have talked to my employers who will speak with their HR department but in the meantime I am very worried and don't know who to talk to or what to do. Even if my employer sends the LMIA soon I am sure there will be a period of waiting that will go beyond the date my IEC visa expires.

When I was refused they did say I have 90 days to do something about the decision. But that otherwise I need to leave the country once my IEC visa expires. I would like to fight the decision and be here while waiting whether I can work or nor but if I change my status to visitor, won't that effect my other status which would be trying to fight the previous decision?

 

[scylla]

Hello,

I am in need of advice. I have been visiting Canada over the course of my life from Germany and last summer I met the woman who is now my fiancee. We've been together for 1.5 years visiting eachother back and forth but were only able to finally consistently live with each other since August this year. So we wouldn't yet be considered common law. We've been planning a wedding for next year with all our family and friends from Germany and Canada. She is the reason I want to work here and our love and relationship is genuine however we do not fall under any category where immigration would consider our relationship as a factor.

I got a full time job offer, making a good salary, and started there this week. Everything was looking like it was finally taking shape. We were just awaiting news for a new work permit so that I would be covered once my current IEC expired. We were devastated this week to find out I was denied because I was missing one document: the LMIA. They waited until saying no to tell me what I was missing but never mentioned that I needed this document along any step of my application process or even when I would check the status of my application online. I have talked to my employers who will speak with their HR department but in the meantime I am very worried and don't know who to talk to or what to do. Even if my employer sends the LMIA soon I am sure there will be a period of waiting that will go beyond the date my IEC visa expires.

When I was refused they did say I have 90 days to do something about the decision. But that otherwise I need to leave the country once my IEC visa expires. I would like to fight the decision and be here while waiting whether I can work or nor but if I change my status to visitor, won't that effect my other status which would be trying to fight the previous decision?

You were correctly refused the new work permit. Your employer needs to obtain an approved LMIA in order for you to qualify. The LMIA process typically takes 4-6 months to complete. As a first step, your employer must advertise the job for at least a month to prove no Canadian could be found for the role. Your employer needs to make sure they follow the exact advertising requirements demanded of the LMIA process. Note that depending on your occupation, it can be quite difficult for the LMIA to be approved. Also, the vast majority of employers are not willing to go through the LMIA process due to the effort / cost / wait time.

When does your IEC expire? You should apply to chance your status to visitor before your IEC expires so that you can remain in Canada legally. Of course you will need to stop working as soon as your IEC expires.

 

[scylla]

Sorry - just re-read the subject line of your post. Looks like your IEC expires in about 2 weeks. If that's correct, submit the application now to change your status to visitor so that you can remain in Canada. Again, you'll need to stop working as soon as your IEC expires in 2 weeks. But at least you'll be allowed to remain in Canada and hopefully your employer will be willing to give the LMIA process a try.

EDIT: If you have participated in the Working Holiday Visa program once, you can look into applying for another IEC visa through the Young Professionals program if you qualify based on age, job offer, etc. However either way, you're too short on time and will have to convert your status to visitor and stop working for a while.

 

[TDTF]

Sorry - just re-read the subject line of your post. Looks like your IEC expires in about 2 weeks. If that's correct, submit the application now to change your status to visitor so that you can remain in Canada. Again, you'll need to stop working as soon as your IEC expires in 2 weeks. But at least you'll be allowed to remain in Canada and hopefully your employer will be willing to give the LMIA process a try.

EDIT: If you have participated in the Working Holiday Visa program once, you can look into applying for another IEC visa through the Young Professionals program if you qualify based on age, job offer, etc. However either way, you're too short on time and will have to convert your status to visitor and stop working for a while.

Thanks for your response.

I understand now that it is required - but it's just frustrating not to have been told that this document was required during the process when they asked for other documents. There was no mention of LMIA. If I had just known earlier in this process, things could have been different. I was only made aware once I was refused. When I would check my status online, they did not show any documents as missing or required, so we thought everything was on track. But alas...here we are.

If I send the application to change status to visitor now, is there a chance it will kick in before the end of my IEC visa? Or will it just transition to visitor the day after my IEC expires? I would like to work until the end and then if I have to stop working while waiting for this LMIA to go through, I can do that. But I wonder - will changing the status to visitor effect the 90 day period they are giving me to do something about their decision?

 

[russ6970]

Unfortunately it looks like you missed it in the application details. From the website:

What is a work permit?
A work permit is a written authorization that is:

• issued by an officer that allows a person who is not a Canadian citizen or a permanent resident to work in Canada;
• needed if you want to work in Canada, even if your employer is not in Canada;
• usually valid only for a specific employer, job and length of time;
• issued based on a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC), or an Offer of employment from an LMIA-exempt employer.

 

[scylla]

Thanks for your response.

I understand now that it is required - but it's just frustrating not to have been told that this document was required during the process when they asked for other documents. There was no mention of LMIA. If I had just known earlier in this process, things could have been different. I was only made aware once I was refused. When I would check my status online, they did not show any documents as missing or required, so we thought everything was on track. But alas...here we are.

If I send the application to change status to visitor now, is there a chance it will kick in before the end of my IEC visa? Or will it just transition to visitor the day after my IEC expires? I would like to work until the end and then if I have to stop working while waiting for this LMIA to go through, I can do that. But I wonder - will changing the status to visitor effect the 90 day period they are giving me to do something about their decision?

Not all work permits require LMIAs - there are some situations where work permits are LMIA exempt. It's up to the applicant to determine which stream they fall into and what documents are required to successfully apply. IRCC also expects applications to be complete when received and generally doesn't request missing documents. Unfortunately that's how it works.

To answer your question, you'll simply switch over to visitor status when you IEC expires. You can continue working legally right up to the IEC expiry. The 90 days in the letter is boiler-plate language. Provided your application to change status to visitor is received before your IEC expires, you can remain in Canada until a decision in that application is made.

 

[TDTF]

Not all work permits require LMIAs - there are some situations where work permits are LMIA exempt. It's up to the applicant to determine which stream they fall into and what documents are required to successfully apply. IRCC also expects applications to be complete when received and generally doesn't request missing documents. Unfortunately that's how it works.

To answer your question, you'll simply switch over to visitor status when you IEC expires. You can continue working legally right up to the IEC expiry. The 90 days in the letter is boiler-plate language. Provided your application to change status to visitor is received before your IEC expires, you can remain in Canada until a decision in that application is made.

Thank you, that is helpful.

I have another question if you don't mind. I truly appreciate your advice here. You mentioned since I've gone down the IEC path to try going for the Young Professionals category - I would qualify under this program. But you said either way I will have to switch to visitor status first. So in the sequence of things, do I apply to change to visitor and then once that is approved, re-apply under Young Professional status? Can I apply to visitor and apply to Young Professional simultaneously? Or do you think I should just apply to switch to visitor and wait to see if the LMIA is approved? It seems like the Young Professional visa is a more "certain" avenue... since LMIA wouldn't be required in that category and I meet all requirements...

 

[scylla]

Thank you, that is helpful.

I have another question if you don't mind. I truly appreciate your advice here. You mentioned since I've gone down the IEC path to try going for the Young Professionals category - I would qualify under this program. But you said either way I will have to switch to visitor status first. So in the sequence of things, do I apply to change to visitor and then once that is approved, re-apply under Young Professional status? Can I apply to visitor and apply to Young Professional simultaneously? Or do you think I should just apply to switch to visitor and wait to see if the LMIA is approved? It seems like the Young Professional visa is a more "certain" avenue... since LMIA wouldn't be required in that category and I meet all requirements...

You can change your status to visitor and apply for YP at the same time. Just make sure you apply to change your status to visitor so that you don't fall out of status in Canada.

Honesty - the chances that your employer will even be willing to go through the LMIA process once they speak with HR and know what's involved are extremely low. Then you're looking at many months of processing with no guarantee of approval. If you qualify for YP, I would forget about the LMIA and go the YP route. If your employer is only starting to look into the LMIA now, they still have a full month of advertising to do before they can even submit the application.

 

[TDTF]

You can change your status to visitor and apply for YP at the same time. Just make sure you apply to change your status to visitor so that you don't fall out of status in Canada.

Honesty - the chances that your employer will even be willing to go through the LMIA process once they speak with HR and know what's involved are extremely low. Then you're looking at many months of processing with no guarantee of approval. If you qualify for YP, I would forget about the LMIA and go the YP route. If your employer is only starting to look into the LMIA now, they still have a full month of advertising to do before they can even submit the application.

I will do that. Thank you so much. I wish I came here sooner, kicking myself right now. Really you are very kind to help people on this forum.

I am just in the middle of first trying to change my status to visitor online and in filling out the form it is asking questions about funds and how long I want to stay. I am from Germany, I have never had to prove funds for visiting... I am allowed to visit for 6 months whenever I come as a tourist. I don't know how I should fill this in? As far as timeline and funds ... really I only want to visit for as long as it takes for them to approve the next work permit! Should I say 3 months or so? How much funds would I need?

I wonder - can't I leave the country by just crossing the border to the US when my IEC visa expires and then re-enter the country the next day as a visitor? Wont my status be changed in that moment anyways? Then apply for Young Professional category visa here as a visitor? If you think that's a bad idea I will just continue filling out this form... I just find it strange to have to provide all this proof of funds and so on coming from Germany when I've travelled to Canada so many times and never had to provide a thing as a visitor...

 

[King.bill]

I will do that. Thank you so much. I wish I came here sooner, kicking myself right now. Really you are very kind to help people on this forum.

I am just in the middle of first trying to change my status to visitor online and in filling out the form it is asking questions about funds and how long I want to stay. I am from Germany, I have never had to prove funds for visiting... I am allowed to visit for 6 months whenever I come as a tourist. I don't know how I should fill this in? As far as timeline and funds ... really I only want to visit for as long as it takes for them to approve the next work permit! Should I say 3 months or so? How much funds would I need?

I wonder - can't I leave the country by just crossing the border to the US when my IEC visa expires and then re-enter the country the next day as a visitor? Wont my status be changed in that moment anyways? Then apply for Young Professional category visa here as a visitor? If you think that's a bad idea I will just continue filling out this form... I just find it strange to have to provide all this proof of funds and so on coming from Germany when I've travelled to Canada so many times and never had to provide a thing as a visitor...

Flagpoling can be risky given your situation. Which province are you in?

 

[TDTF]

Flagpoling can be risky given your situation. Which province are you in?

Flagpoling? Sorry I just wonder why it's not allowed as I am permitted to travel freely to the US and Canada. I'm residing in Ontario. I do have approximately $15-20,000 available funds which I am assuming is enough to prove I can sustain myself. But as I fill in the application I am confused as to why I have to apply in this way, showing proof of my funds and so on... it's the first time I've ever had to do this.
Anyways - if there's any risk in crossing the boarder and coming back of course I would rather just fill in the application, I don't want any further obstacles... definitely not!

 

[King.bill]

Flagpoling? Sorry I just wonder why it's not allowed as I am permitted to travel freely to the US and Canada. I'm residing in Ontario. I do have approximately $15-20,000 available funds which I am assuming is enough to prove I can sustain myself. But as I fill in the application I am confused as to why I have to apply in this way, showing proof of my funds and so on... it's the first time I've ever had to do this.
Anyways - if there's any risk in crossing the boarder and coming back of course I would rather just fill in the application, I don't want any further obstacles... definitely not!

It's definitely allowed but if you raise suspicion while trying to gain entry back in to Canada, they might deny you entry assuming you will not leave Canada at the end of your stay. It definitely is the most easiest way to get another 6 month stay but there's always a risk of being denied entry. Does it not sound more safe to apply from within Canada? It's not really going to affect the decision but it's easier on your ownself.
Young professional program is a pool and you will have to wait for an invitation to apply while it works on a limited quota of 3-400 applicants a year.
You need to come up with a long term solution .

 

[scylla]

I will do that. Thank you so much. I wish I came here sooner, kicking myself right now. Really you are very kind to help people on this forum.

I am just in the middle of first trying to change my status to visitor online and in filling out the form it is asking questions about funds and how long I want to stay. I am from Germany, I have never had to prove funds for visiting... I am allowed to visit for 6 months whenever I come as a tourist. I don't know how I should fill this in? As far as timeline and funds ... really I only want to visit for as long as it takes for them to approve the next work permit! Should I say 3 months or so? How much funds would I need?

I wonder - can't I leave the country by just crossing the border to the US when my IEC visa expires and then re-enter the country the next day as a visitor? Wont my status be changed in that moment anyways? Then apply for Young Professional category visa here as a visitor? If you think that's a bad idea I will just continue filling out this form... I just find it strange to have to provide all this proof of funds and so on coming from Germany when I've travelled to Canada so many times and never had to provide a thing as a visitor...

Agreed with advice you've already been given. Flagpoling (going to the US and then re-entering to give yourself status in Canada) can be risky. Far better to apply to change your status from within Canada.