A Foreign Worker needs help

[plubelle]

Hello, My sis got a job in Canada as a foreign worker ,she lives in Nigeria, her close work visa was out since October 2023, her company provided her with the LMIA. She was suppose to live for Canada in November 2023, the trip was postponed till January. Sometime again in December 2023, she got an email that the trip has been postponed till March 2024. Just some days ago, she got another email that the company is facing financial downtime and that her appointment will be reviewed by September this year. The rest of her travel documents are being withheld by the travel agent in Canada that processed the trip, they have refuse to release them. like the LMIA letter and letter of introduction at the immigration.

I would like to know if the company that hired her or the travel agency in Canada have the right to not release her travel documents.

Should they release the document, can she still travel to canada now?

If she can travel to Canada earlier than September this year, how can she open her closed work visa?

She has resigned from her job in Nigeria, took loan for this trip, and is practically homeless in Nigeria. Kindly advice on what steps can be taken legally.

 

[Naturgrl]

Hello, My sis got a job in Canada as a foreign worker ,she lives in Nigeria, her close work visa was out since October 2023, her company provided her with the LMIA. She was suppose to live for Canada in November 2023, the trip was postponed till January. Sometime again in December 2023, she got an email that the trip has been postponed till March 2024. Just some days ago, she got another email that the company is facing financial downtime and that her appointment will be reviewed by September this year. The rest of her travel documents are being withheld by the travel agent in Canada that processed the trip, they have refuse to release them. like the LMIA letter and letter of introduction at the immigration.

I would like to know if the company that hired her or the travel agency in Canada have the right to not release her travel documents.

Should they release the document, can she still travel to canada now?

If she can travel to Canada earlier than September this year, how can she open her closed work visa?

She has resigned from her job in Nigeria, took loan for this trip, and is practically homeless in Nigeria. Kindly advice on what steps can be taken legally.

Does she even have a job if she goes to Canada? CBSA will want proof she will be working because that is why she is coming to Canada. CBSA may deny her entry. There is no reason for her to come to Canada if she doesn’t have a job. She cannot work on a closed work permit for anyone but the employer listed. It is the company’s LMIA letter as they applied for it. They hired her. If they don’t want to employ her that is their choice.

You can work with a Canadian immigration lawyer and ask if she has any legal recourse. But since she hasn’t entered Canada and started working for the company, she may not have many options. Option may be getting back any fees she has paid to the Canadian travel agent. If travel agent is registered through IATA she can look at compensation.

 

[Md. Masum Billa]

Hello Sir,
I am from Bangladesh. I am interested this job.

 

[Naturgrl]

Hello Sir,
I am from Bangladesh. I am interested this job.

What job? This is not a job site.

 

[plubelle]

Thank you so much for your response, The company has not said she won't be working anymore, she still has her employment, just that she is expected to Go by September, but that is too far, we have families in Canada in the same province where she's to work, that can take care of her and accommodate her till she starts work.

If the travel agency releases her other travel documents, is she eligible to travel?

 

[Naturgrl]

Thank you so much for your response, The company has not said she won't be working anymore, she still has her employment, just that she is expected to Go by September, but that is too far, we have families in Canada in the same province where she's to work, that can take care of her and accommodate her till she starts work.

If the travel agency releases her other travel documents, is she eligible to travel?

So she should be asking her employer to tell the travel agent to release her documents, if she has a job to start immediately once she is in Canada. Since she has approved LMIA, closed work permit then she enters with her job letter and proof that she will start work immediately. CBSA may deny her entry if she is not starting work until September. She should not be coming to Canada if there is not job or it doesn’t start until September. Having family to support her is irrelevant.

 

[scylla]

Hello, My sis got a job in Canada as a foreign worker ,she lives in Nigeria, her close work visa was out since October 2023, her company provided her with the LMIA. She was suppose to live for Canada in November 2023, the trip was postponed till January. Sometime again in December 2023, she got an email that the trip has been postponed till March 2024. Just some days ago, she got another email that the company is facing financial downtime and that her appointment will be reviewed by September this year. The rest of her travel documents are being withheld by the travel agent in Canada that processed the trip, they have refuse to release them. like the LMIA letter and letter of introduction at the immigration.

I would like to know if the company that hired her or the travel agency in Canada have the right to not release her travel documents.

Should they release the document, can she still travel to canada now?

If she can travel to Canada earlier than September this year, how can she open her closed work visa?

She has resigned from her job in Nigeria, took loan for this trip, and is practically homeless in Nigeria. Kindly advice on what steps can be taken legally.

I'm sorry for her situation.

Are they holding her passport? They should certainly return her passport. If there is no job for her in Canada right now then it makes sense they are not releasing the other documents. She should not be traveling to Canada if the company no longer has a job for her here.

She does not qualify for an open work permit. If she wants to work for a different employer, that employer needs to give her a job offer and approved LMIA so that she can apply for a new closed work permit.

 

[plubelle]

Thank you again for your swift response, she is to start work in September not immediately, the company that hired her is not closing down, but she can not afford her accomodation in Nigeria anymore and we have families in canada willing to accommodate her, which is why we are trying to find out if she is eligible to travel to canada now, while she wait to start work in september which is in 6 months.

 

[scylla]

Thank you so much for your response, The company has not said she won't be working anymore, she still has her employment, just that she is expected to Go by September, but that is too far, we have families in Canada in the same province where she's to work, that can take care of her and accommodate her till she starts work.

If the travel agency releases her other travel documents, is she eligible to travel?

She can travel if they release her documents but it's possible she could run into issues entering Canada. That's the risk.

 

[Naturgrl]

Thank you again for your swift response, she is to start work in September not immediately, the company that hired her is not closing down, but she can not afford her accomodation in Nigeria anymore and we have families in canada willing to accommodate her, which is why we are trying to find out if she is eligible to travel to canada now, while she wait to start work in september which is in 6 months.

If she is not starting until September then she should not be entering Canada. CBSA can deny her entry because the purpose of her coming to Canada is to work. She needs to show that she is starting work as soon as she enters. She can try but if CBSA denies entry, she returns. Her having family to live with is not relevant. Make sure she has her own funds to support herself for 6 months as CBSA may question that too.

 

[plubelle]

I can't tell you how much i appreciate your response and help , thank you so much. Your advice will guide our decision on will what next to do.

 

[plubelle]

Here is another question please,is she eligible to apply for a visiting visa while still in Nigeria ? knowing she has an existing work visa she is yet to use.

 

[foodie69]

Hello Sir,
I am from Bangladesh. I am interested this job.

hahahaha, dummy..

 

[wrkprmt]

Hello,

I have lmia based job offer for welder work and I'm planning to apply for work permit.

My concern is, I have 2 2-year work experience gap in the welding field. In the years 2022 and 2023 I worked as an Electrician technician. However, from the year 2019- to 2021 I worked as a welder.

Does the above experience gap create any problems in getting work permit approval?


Thanks

 

[wrkprmt]

Hello,

I have lmia based job offer for welder work and I'm planning to apply for work permit.

My concern is, I have 2 2-year work experience gap in the welding field. In the years 2022 and 2023 I worked as an Electrician technician. However, from the year 2019- to 2021 I worked as a welder.

Does the above experience gap create any problems in getting work permit approval?


@Naturgrl , would you be able to help here?

Thanks