Work Visa Question

[CurryFart]

I got a job offer in Saskatoon from a business owner. He is planning on opening a new Indian Restaurant and wants whole bunch of people from India from Chefs to line cooks to managers. I may/will be the part of the team if everything goes well. However, I will be responsible for my airfare and other moving expenses. My question is if this business idea fails and he closes the restaurant, what will happen to my status in Canada? Will I have to leave or the govt of Canada will let me work until the day I have made enough money to cover my expenses. I am still not sure if I want to leave India for a brand new business. Any feedback would be appreciated.
Thanks!

 

[Twix]

First, Your employer has to get a positive LMO for you. Then you have to apply for a TRV and work permit. If you decide to move here and say the business closes, you could change employers. As long as the new employer would get a new LMO, then get it approved. You can then apply for a new work permit. Another option is that you can start your application for PR if you're eligible.

 

[CurryFart]

Thanks for the reply Twix but I am still not 100% satisfied. My understanding is that LMO takes anywhere from 1-3 months and during that time I am not eligible to work then how I am going to eat?
Is there a way that I can negotiate with my employer that if I don't like the work, I can go work somewhere else or if they don't like my work they can fire me and I go out and find new job?
Thanks again

 

[Twix]

Thanks for the reply Twix but I am still not 100% satisfied. My understanding is that LMO takes anywhere from 1-3 months and during that time I am not eligible to work then how I am going to eat?
Is there a way that I can negotiate with my employer that if I don't like the work, I can go work somewhere else or if they don't like my work they can fire me and I go out and find new job?
Thanks again

During the transition, you are considered to be on implied status, you may continue to work. The thing is, if you get a negative LMO from your new employer, then you're screwed.
I don't think it's feasible to negotiate with your employer. Why would an employer apply for an LMO for someone who is thinking of quitting if something doesn't seem to agree with him/her? Also, you have to be on contract, as it is a requirement to get an LMO. But this is democratic country, they can't force you to work if you decide to quit. You just have to face the risks and consequences.

 

[CurryFart]

Is there anything called Open work permit?

 

[Twix]

Yes, but from what I know, it's only for spouses of professional and skilled workers on a work permit here in Canada. It's also for in-land PR applicants who got first stage approval.

 

[CurryFart]

What happens if I get the visa to come to canada and in the meantime the employer changes his mind and doesn't wanna hire me anymore?

 

[job_seeker]

What happens if I get the visa to come to canada and in the meantime the employer changes his mind and doesn't wanna hire me anymore?

You still can use your visa but you would have to look for another employer who'll apply for a new LMO for you. If you are a chef or a cook you can apply under the federal skilled category.

http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list

But you must at least have a total of 67 points (there is an "eligibility tool" on the link above you can use to gauge your points). If the employer who's starting the restaurant business is willing to employ you, it would boost your points.

 

[Prits]

if employer fired any TFW, then it does not mean that TFW have to leave the country right way. he/she is eligible to stay until expiry of existing work permit or can apply for restoration of status also. All TFW required is new lmo to work for new employer. yes, after receission getting LMO is time consuming.

In your case i will say , you can apply for FSW -38 occupation category, cook is there also. I am assuming you have previous experience in this trade, then you are good to go.

 

[CurryFart]

Thanks for all your replies guys. Can someone please tell me approx how long does it takes from the day the employer files for LMO till the day I get my permit from India?

 

[Prits]

LMO process time is different in every provision, in Alberta it's right now 60-70 day for regular procedure. ELMO profession could take one week.

Interview and medical process time in India could take 2 months and work permit will be issue at Port of entry in Canada.

Bye!

 

[CurryFart]

Thanks everyone. One last question...My wife will be coming with me to Canada. Do you think she will be able to work there. Given that I am on a work visa and she is just accompanying me.
Thanks!

 

[job_seeker]

Thanks everyone. One last question...My wife will be coming with me to Canada. Do you think she will be able to work there. Given that I am on a work visa and she is just accompanying me.
Thanks!

I think if you're coming under the skilled category then your wife can apply for an open work permit.