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| Subject: LMO refused after 3 years working legally for the same company! Shed some light! |
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Good Morning everyone!
I was just wondering if anyone could give some advice with regards my situation. It´s not simple...and I sympathize with getting confusing answers from CIC, and this forum does seem very helpful. I have a few questions about what my next step would be. Here´s a breakdown of my situation:
May,2006 - I came to Toronto with a SWAP Holiday Open Work Permit Visa valid for a year. (expired June 2007)
July,2006 - I found a job as graphic and web designer with a Canadian company.
May,2007 - They sent a LMO. Approved and valid for 2 years. It took 2 weeks to get an answer. We sent a new work permit application, we got it approved also, and valid for 2 years. (Valid until June2009)
Jan,2009 - We decided to do all the papers on time, so they sent a renewal work permit with an extension of the contract for another 2 years.
March - Got a letter from the government saying “work permit approved, needs a new LMO new renewal”. New Work Permit was attached, but when I check the expiration date out, I realized they just extended for 20 days!
Jun 5th – Company sent new LMO
Jul 18th - Send new work permit. With a letter saying “we are waiting for LMO”. (implied status)
Jul 20th – My work permit and visa expired.
Aug 10th – Sent my residence application as Canadian Experience Class (CEC).
Aug 14th – Company got a call, LMO was refused. Reason: They said the economy is not the best one right now, and there are tons of Canadian designers out there without a job, so they rather give the chance to a Canadian than a foreign. My boss freaked out and got a little upset, so the officer told them, they could appeal the decision but it won´t be easy and it would take a lot of time... (My NOC is skilled, Level B).
Aug 18th – The Company sent an employment offer. (The CIC officer said that would help my CEC).
Last 2 weeks of August – we were making research about our options...
Sept 1st – My boss decided to make the entire process again, but this time trying to be “more specific” with the details of my job, so he can prove than not any Canadian designer could do my job.
Sept 4th – They post the new super specific ad on job bank.
Sept 11th - My boss was planning to send the new LMO this Friday with a long explanation of why they need me there, and with another letter saying they are not getting any responses from anyone, and they are willing to keep the ad another week. (And they will send the update to them later).
TODAY - I haven´t gotten any word from the government and I´m still waiting for the official letter saying my work permit was refused, so that means, I can still work legally without a problem. (Implied status). And I haven´t got any news from the residence application yet. (Anyone knows the actual Canadian Experience Class processing times?). My work permit and visa expired July 20th. Oh, and I don´t have an immigration lawyer.
1. What should I do at the moment I get the refusal letter from the government? How long does the government give the employer to find a new person and for myself to stop to work?
2. What is the possibility of getting a positive LMO this time? What should my boss say to make sure that will happen? Or will it be better if the company appeals the decision? Or can they do BOTH at the same time?
3. I wonder if I can continue working if my employer appeals the decision? I guess I still be on implied status, right? - Or, can I continue working until we get the new LMO?
4. Assuming I get a new LMO granted, is it true to say that I could go down to Niagara Falls, crossed over to the U.S and returned again, I could get my work permit extension there?
5. If I go down to Niagara, what can I do about my visa? It expired also July 20th, as costarrican I need a visa to re-enter the Country. Can I also ask to renew my multi-entry visa there at the border at the same time of my work permit? I´m just afraid to go down there and get rejected at the border and not allowed to back.
6. If the LMO will take several weeks...should I send my restoration of status? As a tourist? This will be my first time doing this, so what should I say? What should I send with the application? Are they asking for a lot of $$$$ in my bank account? :( should I say something related to the LMO and Work Permit? How long it will normally take to get an answer?
7. If I send my restoration of status within the 90 days...can I still be working with an implied status until I get the new status?
8. If I have to change my status as a tourist until I get my new LMO...can I work as a contractor offering professional services? I´m a graphic/web designer, so I could do some outsourcing projects as self employed? Maybe could charge per-project basics via PayPal. (Not necessarily with Canadians companies). - OR can my actual employer hire me as a freelance with a temporary contract just to finish the project we are working on right now until I get a positive LMO, or my new temporary residence? (Again, everything will be via internet and emails).
9. I wonder if will be easier if I register myself as a self employed Professional Graphic and Web Designer in Canada...Or I won´t be able to do it until all my papers get resolved? Is this possible and if so what might be the process? If not, can anyone else suggest an alternative? Where can I find more information about the rules, laws, taxes as self employed?
10. OMG, and what could happen if my restoration of status gets refused? Is that possible? I guess, at that point I should just leave the country and wait until I get my CEC approved?
Sorry, for the super long post, but I wanted to give all the details that could give a better idea of my situation.
I know it´s not so simple... Can someone shed some light on this situation for me? I don´t want to end up with an enforcement action on my history, because I will have a much tougher time in the future especially with my CEC. :( - Your help would be greatly appreciated!
[11-09-2009,12:52]
[**.70.214.189]
Tica |
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LMO also refused (in reply to: LMO refused after 3 years working legally for the same company! Shed some light!)
Do you know what, I´m in the same position.
Been here for 2 years. Got a negative LMO.
Had my residency reviewed a year after submitting and as my work permit expired residency got rejected.
When you get the official letter about your visa they will give you 2 weeks to leave.
The last time I came over the border they only gave me a 2 week tourist visa, so I applied to extend it and now I´ll wait until that gets denied and have to leave.
Working on a different route of residency but I can´t see a way to stay meanwhile. Bloody economy.
[27-09-2009,19:29]
[**.84.200.186]
Amy |
Same situation here (in reply to: LMO refused after 3 years working legally for the same company! Shed some light!)
I had same situation here.
lets talk about your case first, basically while you are waiting for your LMO result if its got rejected. you have legal status to stay in canada till 6 month of your visa expired. before its expired you have to apply restoration for your visitor visa and you will get 3 month no matter you will get rejected or not. before 3 month you have to apply for another restoration or something like that i forgot. but my idea to keep you status legal you better extend your visitor visa.
regarding your letter you will not get any answer pretty soon.
after you submit your application (LMO) then you will wait for couple weeks to received a fax that your application is in process and will be done 4/5 weeks after the submission date. Then a week later the officer will call your boss and thats the time to argue.
note the economic is getting better now.
I had same situation i was applying on july under noc b as marketing manager, then on july the rule for hiring foreign worker change more than 3 times in a month. i submited my aplication on July, then i got a fax stated that my application was on the process, then a week later officer call my boss, stated that "wow many add" then on august 5th i got rejected.
The reason:
not enough effort to hire canadian (i had 6 add at that time)
secon reason my NOC is too high NOC B, then i had to change to NOC C
so i heard i could send reconsideration later, we sent the reconsideration letter, no answer till couple weeks, then my boss called the service Canada, they stated that my reconsideration or appeal later wasn´t in the data base. i was desperate i was planing to call lawyer, but then before i called the lawyer my boss got a call from service canada (the manager). he said that the office who handle my case was in holiday and came back on Monday. he asked my boss to leave number to the service canada, the purpose is asked the officer who handle my case to called my boss back. then my boss got a call a week after. she told us the reason got rejected and asked us to make new add and put the detail and submitted again the add, without new application.
we made 9 adds this time and after 2 weeks we submitted the add again to service canada. my position was marketing manager and they decline the LMO stated that my position has to be sales (we have to go along with that in order able to get the LMO approval) and also explanation none of canadian were applying the job (that´s the truth). My boss checked that we thought would be 1/2 weeks answer but apparently would be 6 weeks answer.
my visa was expired on the 24th of august.
was funny that they said we had no intention to hire canadian. my boss advertised in the 6 different place including aboriginal job site. the work is recruit students from south east asia, and people from south east Asia is very rarely to come here and they always go to Australia. when the international students here at lease they will spend 40.000$ a year and it´s help the economic here. The basic requirement from my company is at lease 1 year experience with realted industry and has to speak malay, indonesia, madarin, english. those are the languages that people use in South east asia mostly and none of canadian have the experience and speaks the languages. some people apply stated they want to be trained, how could you trained some one with the languages and u need to be familiar with the country. and the company have to start recruit the student on this october and november and have trade show also deal with the school in south east asia, but since the government hold my application, we can not work more further. if the government once again refuse my LMO he cant work anymore he cant hire 3 people speaks different languages and i can speak those 4, and he cant train people with short period which are we need to get client and deal next month.
So if this application got rejected again i dont know what to do. specially my boss, he will lost many many thousand of dollars and clients because i cant work and none of the people can handle the jobs even my boss because the languages barrier and also i m so familiar with south east Asia. we are so stress out now
sorry if my word confusing i m so desperate now. my position is bring economic in Canada.
i hope the government understand the people feeling, and also lots of business owner struggle with this situation.
[29-09-2009,01:38]
[**.84.110.189]
mek |
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