Hi,
I'm posting in the worker's forum for the first time, since I have just learned that my application for permanent residency has been transferred to New York, and therefore there is practically no chance of it being approved before my work permit expires.
My situation is this: I started a working holiday program in September 2010 in Québec and my husband and I submitted my outland PR sponsorship app in Feb. 2011. My working holiday expires Sept. 19th 2011, and as I am an American citizen, I cannot renew it.
Therefore, I have to find a new way to get a new work permit. I am what I guess would be considered a skilled professional, as I have 2 bachelor's degrees, and I am working at a post related to my primary field. However, the job that I do could probably easily be filled by a Canadian citizen or PR, so I'm looking for ways to get around the LMO requirement or at least part of it.
So far I've found two potential shortcuts:
1.
http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/nafta-alena/texte/chap16.aspx?lang=en&view=d A NAFTA exemption in chapter 16, Appendix 1603.D.1 (Professionals) stating that American citizens who meet certain requirements in certain fields can obtain a work permit without an LMO. One such occupation listed is Graphic Designer. Both my degree and my job title have a different appelation, but I believe my job duties fall within what a graphic designer would do. Unfortunately the NAFTA does not specify job duties for each job title anywhere, and after playing phone tag with 4 different government offices last week, no one can tell me if I fit this exemption or not.
2.
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/lmodir/variation.shtml An exemption from the advertising and recruitment portion of the LMO based on the fact that I have been "selected by Quebec as a first step to get permanent residency and received a Certificate of Selection from Quebec."
Can anyone tell me if exemption #1 would apply to me, or who the heck I have to sleep with to get an answer about that?
Also, aside from figuring out these exemptions, how do I/my employer apply for an LMO? How long does it take to get one? What's the rest of the process like after that or do I apply for the LMO at the same time as the work permit itself (I have heard that as an American, with the proper paperwork I can get a work permit from inside the country or at the border)?
Will I have implied status and be able to work on it once my LMO application is submitted? Even if I can, I have to go back to the states in November for my best friend's wedding.
Help! I feel so lost
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