Work Visa Applications

[oliviarene]

Alright, so I am living in the states and am working on getting a work visa for Canada. I know all of the processes and all of the things that I need to do and go through but what I do still have a few major questions..

1. Since I am in the middle of finding an employer for a nanny position (not live-in), I have a few employers who are interested in helping me out. With that, I am wondering if more than one employer can send in for an LMO for me or if we have to do one at a time and wait for each one to come back before I can move on to the next.

2. Am I able to travel to and from Canada for vacations or to be in the states for a few days to visit family?

3. Finally, I was for some reason told that work permits are valid for two years but now I have been reading that they are only valid for one? In any case, is it more simple to re apply or is still as difficult as getting the permit in the first place?

HELPPPP

 

[computergeek]

1. Since I am in the middle of finding an employer for a nanny position (not live-in), I have a few employers who are interested in helping me out. With that, I am wondering if more than one employer can send in for an LMO for me or if we have to do one at a time and wait for each one to come back before I can move on to the next.

There is no requirement that you do them one at a time.

2. Am I able to travel to and from Canada for vacations or to be in the states for a few days to visit family?

Assuming you are from a visa exempt country, you may come and go without problems. If you are not from a visa exempt then you would require a TRV to re-enter Canada.

3. Finally, I was for some reason told that work permits are valid for two years but now I have been reading that they are only valid for one? In any case, is it more simple to re apply or is still as difficult as getting the permit in the first place?

Work permits may be valid for up to three years (according to FW-01) but they can be as short as a single day.

You can re-apply for a new work permit prior to the expiration of your current work permit and continue working until a decision is made (this is "implied status"). Of course, your employer must provide you with a new LMO and after your work permit expires but before you receive it you cannot leave Canada or you lose "implied status".

 

[oliviarene]

Thank you so much! Also, does anyone know what my chances may be for the LMO to get approved being a live-out nanny as apposed to being a live-in? I am just curious as to if they are sort of 50/50 or if live-in nanny applicants have a higher chance of being approved. I do already have a place to live sorted out if I do get approved but I wanted to see if there was maybe anything I could do to maybe increase or better my chances. Thank you!

 

[computergeek]

Thank you so much! Also, does anyone know what my chances may be for the LMO to get approved being a live-out nanny as apposed to being a live-in? I am just curious as to if they are sort of 50/50 or if live-in nanny applicants have a higher chance of being approved. I do already have a place to live sorted out if I do get approved but I wanted to see if there was maybe anything I could do to maybe increase or better my chances. Thank you!

I don't have any insight into the success rate of each one, sorry.

 

[oliviarene]

Can a person be denied a work visa even is the LMO came back positive?

 

[computergeek]

Can a person be denied a work visa even is the LMO came back positive?

Yes. But it's unusual. Reasons would include medical or criminal inadmissibility, doubts on behalf of CIC that the job is genuine, or that the applicant will leave Canada at the end of the work permit.

 

[oliviarene]

What do you mean by "that the applicant will leave Canada at the end of the work permit"

I am pretty familiar with the simple details of everything but I am digging for more information so that I am not missing anything.

Another question..once it has come time for the permit to expire, what can e done? I would definitely be wanting to stay in Canada and would apply for another LMO..would the same employer just reapply?

At what point can a foreign worker apply for a PR or can they at all?

Thank you so much for all of your information! Very helpful!

 

[computergeek]

What do you mean by "that the applicant will leave Canada at the end of the work permit"

You are a TEMPORARY foreign worker. So they have to believe you won't overstay when you are done. Having good skills and a place to return helps at that, but it is a subjective determination.

Another question..once it has come time for the permit to expire, what can be done? I would definitely be wanting to stay in Canada and would apply for another LMO..would the same employer just reapply?

You can apply to extend your work permit, but there is a general limit of four years. Your employer gets a new LMO, and then you apply for an extension of your current work permit.

At what point can a foreign worker apply for a PR or can they at all?

Once you have an offer of permanent employment from your employer, certainly - assuming you have sufficient points. There are of course other programs under which one can apply, but if your employer is willing to obtain HRSDC approval of an offer to you for permanent employment, then you can use that. Beginning next year, the LMO program will change to allow using the LMO to also demonstrate evidence of a permanent employment offer.

 

[oliviarene]

Thank you so much! You have been a huge help..I think I just have one more question..

How does it work for an employer to tax a nanny that was not hired from a child care agency?

My employer and I found each other privately through ads and such in their town and will be going through with the LMO. We have just been trying to do a bit of research to see how she would go about taxing, workman's comp, etc.

 

[computergeek]

How does it work for an employer to tax a nanny that was not hired from a child care agency?

Your employer is legally obligated to collect and remit payroll taxes as well as abide by provincial labour laws: http://www.squidoo.com/hiring-a-nanny#module90492041

While this might sound complex, in fact Canadian payroll is fairly straight-forward and can be done just by using the online calculator: http://www.cra-arc.gc.ca/esrvc-srvce/tx/bsnss/pdoc-eng.html. Print the output each week and use the numbers from the last week to feed into the next week.

Good luck!

 

[oliviarene]

Thank you so so much for all of your help!