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Working in Quebec (Canada), some help needed

Jakensen

Newbie
May 28, 2014
9
0
Hi everybody!

I need your assistance and knowledge and I thank in advance all the people that could help me.

My dad immigrated in Québec and more precisely in Sherbrooke in 2003, since then I started visiting him 4 times a year. In 2010, after finding Canada truly interesting, I found a one year class in the University of Sherbrooke, I then applied for a study permit with my dad’s help and studied for one year in Sherbrooke’s University. There I met a Canadian girl and things became serious with her.

After my study permit I did a post-diploma work permit to extend my stay. So I worked a year in Sherbrooke’s region as a graphic designer, having no diploma to back that up though, having learned this on my own.

My girlfriend became pregnant late 2011, I had planned to go back to my studies and was accepted at university Laval in graphic design, sadly the delays were longer than expected for the CAQ and the student strikes displaced the class, etc. This being no longer an option and my kid being due for September 2012, I found that same month of September a work at Staples in Quebec City selling computers then repairing them. I then started a work permit application with my boss but none of us knew really well the process and I did what I had done for my previous applications. As in: do the CAQ and fill the employer auto declaration form and pay the associated fees (around 380$). Since my employer took his time doing it the process only started in March 2013 (my post diploma work permit ended in 27/12/2012)… My employer and me both thought I was in the renewal process, therefore I kept working until – one year later – I received an email from immigration Québec stating that my file was closed because immigration Canada never received my work papers. My boss and me who were awaiting the CAQ were quite disappointed I tell you. We then called Service Canada hoping there would be something we could do but alas nothing.

I just went back to France for 10 days (went the 21 May and am returning the 03 of June in Canada) to obtain a legal status in Quebec and to work on my papers. My boss is willing to rehire me as soon as I can and fill the necessary papers.

I looked at the available options and the only one I seem to see seem to be a temporary work permit for low-skilled workers… This one requires an AMT (or LMO) which is pretty expensive (275$) and gives me basically no chance since any Canadian or permanent resident could take this job. Once this AMT sent, I must send a copy of it, along with my CAQ (189$) and the auto declaration form (189$). If my AMT is accepted I would get two copies of my CAQ and the AMT letter. Then with this letter and my CAQ I can apply for a work permit with Immigration Canada.

Two problems that seem important to me:

1. The AMT (see : esdc.gc.ca/eng/jobs/foreign_workers/lower_skilled/index.shtml) requires apparently that, I quote: “Recruitment is the process of finding and selecting qualified employees. All employers are encouraged to conduct ongoing recruitment efforts, including advertising the job or contacting the underrepresented groups that face barriers to employment”. It seems less chocking in English than in French but in French it basically says that they have to search for a Canadian resident or citizen for the job first which gives me pretty much no chance. They also have to show that affordable housing is available and they have to pay for the transport (plane tickets). My employers love me and I get along super well with them but I doubt they will go through all that just to have me…

2. The delays: I read that the work permit application takes up to two month since I’m applying from France, but what about the CAQ, the AMT, etc. ? Furthermore if I do a recap of the fees, it adds up quite quickly: 155$ for the work permit, 275$ for the AMT, 2 x 189$ for the Quebec side, which gives an insignificant sum of 808$ (I’m being sarcastic here).

I am currently working on my permanent residency via my common-law, this one is almost complete and should be started as soon as I come back but I’d like to be able to work while the process (up to 8 months if I read well) is completed, my girlfriend is not earning tons of money and we have a 2 year old to feed. I am starting to feel a bit short on options, what could I do? Is there a way to work without an AMT?

My last resort would be to await the PR result which would force to do at least another trip to France (to maintain my status in Canada, the tickets aren't free either, sadly, my dad can always help and feels happy to do so but I'm starting to feel like a pain), and which would force me to work either illegally or in France which I would like to avoid as much as possible.

Thanks to all of you for your help and to the one that had the courage to read all that, if you have any idea, feel free to share them, I'm taking them!

PS: Apologies for the quality of my English. I am quite fluent orally but it’s another story when it comes to writing sadly.
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
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
The short answer is that there is no way around the LMO requirement. You need an approved LMO to qualify to apply for a work permit. The LMO is something your employer must apply for - not you. And yes - your employer must first advertise the job for at least a month to prove that no Canadian can be found for the role. Once the advertising component has been met, the employer can submit the LMO for processing. Processing currently takes anywhere from 6-20 weeks.

Whatever you do, don't work illegally in Canada. This could jeopardize your common law PR application and make it much more difficult for you to settle in Canada in the near term.
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
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
A few more things... You don't have to leave Canada to keep your status as a visitor. You can apply for an extension to your visit from within Canada.

Your employer likely won't be obligated to pay for your travel and housing. This clause only applies to certain categories of occupations. So you should look into this further before assuming this is a must.

I would encourage you to read through the posts in the Family Class Sponorship section of this forum. This is where people who are going through the process of sponsoring a common law partner have their discussions. I assume you are in the process of deciding whether you will apply for PR using the inland or outland route. The Family Class section of the forum should help you to make this decision.

Good luck.
 

Jakensen

Newbie
May 28, 2014
9
0
Hi scylla,
First, thank you a lot for your precise answers !

I really appreciate the added precision about the visitor status and the possibility I have to extend my stay within Canada.
I am in France right now and can not call Service Canada (it doesn't seem to work) and tried without success to reach the Canadian Embassy in France.

My common law reached Service Canada from Canada and was apparently told that if we do the PR process outland I'd have the possibility to have an open work permit while awaiting the answer so I am quite excited about these news. This is however not entirely confirmed and I will keep you guys posted !

PS : Thanks again scylla, I really appreciate the time you took
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
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
Jakensen said:
My common law reached Service Canada from Canada and was apparently told that if we do the PR process outland I'd have the possibility to have an open work permit while awaiting the answer so I am quite excited about these news. This is however not entirely confirmed and I will keep you guys posted !
Unfortunately this information is incorrect (sadly the call centre gives out bad information all of the time). Open work permits are only granted to those applying inland. Since you applied outland, you don't qualify.

Feel free to look into this further, however this is a very basic question for those of us with years of experience in this area and I can guarantee you that an open work permit isn't an option for you.
 

Jakensen

Newbie
May 28, 2014
9
0
I haven't applied yet !
She was told it would work if we applied outland, but you're saying it works only if I apply inland ?

I can apply either inland or outland since I haven't started the process yet.
Why would the open permit not be an option ?

I'm sorry if I have trouble understanding all of this as it is quite complicated
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
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
Correct. An open work permit is only granted with the inland process (not outland). The inland process was designed for individuals who are applying from inside Canada and that's why the open work permit is granted along with this process. There is really no better answer to "why?"

If you are in Canada you can choose to apply either outland or inland. I would still VERY strongly recommend the outland route for you.

If you apply inland, you won't qualify for an open work permit until you have first stage approval. First stage approval is currently taking 10 months to complete. So this means that from the time you submit the inland application, you would be waiting another 10 months before you have the open work permit in your hand and are able to work.

Processing times for the Paris office for outland are officially 8 months. This means that most people get through soonner. So I think it's extremely likely you would be 100% finished with the outland process (and be able to work as a permanent resident) before the 10 month mark.

Again, you really (really) need to join the Family Sponsorship section of this forum. This is the right place to be posting your questions - and the questions you have been asked have already been addressed there numerous times.
 

Jakensen

Newbie
May 28, 2014
9
0
Exactly. That's what I learned today as well (my girlfriend successfully contacted Immigration Canada and confirmed multiple times to be sure) and this is the conclusion we came to. As in do the process outland. If I need any help or have any question I'll make sure to go through the Family Sponsorship section of the forum. Dear scylla, I thank you a lot for the time you took to clarify all of this. I appreciate this a lot !

PS : Is there anyway I could thank you ? At least by upvoting your comments or rating your answers ?
 

scylla

VIP Member
Jun 8, 2010
95,935
22,176
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
No need to thank me more than you already have. Glad I was able to help before you made the mistake of going inland (that would have made you miserable). Good luck and I hope the processing is fast.