All out of options.

[Adam9292250]

Posting on behalf of a friend, he is having a tough time right now and is down in the dumps so Im trying to find him help.

The situation: He is from Australia, he has been working in Canada for 5 years legally. He was on a working visitor visa, he has been sponsored etc. He was applying for common law until his ex made some poor choices and they split. They were together for 4 years. The restaurant we work at, the owner sponsored him and had him on a 3 year contract as our bar manager. He applied for his PR and was denied due to not making enough money, under minimum wage since they dont consider tips as income. His salary is based on tips, hes on a 40 hour a week salary contract. The owner called and said he's not willing to spend 10,000 again and is dropping it and removing his lawyer from it.

It'd take $1.50 raise to bring his salary to minimum wage. He hasnt spoken to the owner since, lawyer isnt replying to emails. Hopefully owner is in tomorrow to discuss. Basically he has no option but to leave in 6 months when all of his stuff is up.

We just signed a 10month lease, his girlfriend and him have been together almost 2 years but dont live together as shes in college getting her degrees.

They also filed him under 'skilled worker' instead of 'semi skilled worker' as its the hospitality industry we are in.

We are located in B.C aswell.

He says he cant get another sponsorship because he has to be at a place for 9 months with no end date. However in 6 months his visa is up and says they wont let him extend it anymore.

Does he have any options? The last few immigration places hes gone through have screwed him over and misfiled paperwork etc. This lawyer is from our top law firm and actually did his job (still messed up stuff) but the owner has cut that off.

Again I can give a better understanding when we talk to him soon just trying to give my friend some hope.

Thanks everyone and sorry if this is posted in the wrong spot.

 

[scylla]

His options do unfortunately sound limited at this time.

It makes sense his application was refused. If he's making below minimum wage - this is too low for a bar manager role and is appropriate for a bartender (this is with tips factored in). He's basically being paid as a bartender while doing a bar manager role. This is problematic when applying for immigration since it can make IRCC doubt someone is actually doing the level of job they have claimed and there are also requirements that minimum salary levels be met when immigrating. Anyway - that's water under the bridge now.

I see three options:

1) If his relationship with his girlfriend is serious, they can get married or live together for a full year continuously to become common law - and she can then sponsor him for PR through family class (like his original common law partner did). He should only go this route if this relationship is very serious since IRCC will assess the relationship to ensure it's genuine and wasn't entered into for the purpose of remaining in Canada. His girlfriend will also undertake some fairly serious financial obligations if she sponsors him and needs to be willing to commit to that. The fact she is working on her college degree doesn't stop them from living together or getting married or her sponsoring him for PR.

2) If he has the money (would need at least $25K in his bank account), he can change his status to study permit and take on full time studies in Canada as an international student. He would be able to work up to 20 hours a week while he studies - also, whatever program he takes should make sense in light of his previous education / work experience. If he completes a 2 year program full time, he will qualify for a three year post graduate work permit (open work permit) once he's done that will allow him to get more experience and potentially qualify for PR. Definitely an option but a very expensive one (tuition will cost $15K+ per year).

3) Find a new employer who is willing to offer him a job in a skilled occupation and go through the LMIA process so that he can get a closed work permit tied to this specific employer and change employers. Generally speaking it's extremely difficult to find employers willing to go through the LMIA process so not sure how viable this really is.

I don't see any option for applying for PR under an economic immigration program. He's not being paid a bar manager salary right now (this is factoring in tips) - he's being paid like a bartender. This is problematic and makes it look like he's actually in a bartender rather than bar manager role.

 

[scylla]

Just to add - when it comes to his salary, he likely needs to be making at least the minimum wage in the government's official occupation tables which is $13 or a bit over if he wants to have another go at applying through an economic immigration program (like BCPNP). This is what IRCC will use to assess his application. A bar manager is a skilled worker occupation so it was correct to apply under that category (rather than semi skilled).

https://www.jobbank.gc.ca/marketreport/wages-occupation/2037/BC

 

[Adam9292250]

We are working on finding him an LMIA with some other restaurants I know but he says ue wont get another extention after his current 6 months.

Also common law wouldnt work because he has been living with her for a year and he needs to leave in 6 months if his current plce doesnt keep sponsoring him.

Is there a number of extensions he can use up? Can he run out of them? Can and will they say no you cant have anymore extensions?

Is the owner under any obligations at all?

 

[scylla]

We are working on finding him an LMIA with some other restaurants I know but he says ue wont get another extention after his current 6 months.

Also common law wouldnt work because he has been living with her for a year and he needs to leave in 6 months if his current plce doesnt keep sponsoring him.

Is there a number of extensions he can use up? Can he run out of them? Can and will they say no you cant have anymore extensions?

Is the owner under any obligations at all?

The owner is under no obligation.

I'm not sure what he's referring to with regards to the six months. If he can find a new job and that employer can obtain a new LMIA, he would be applying for a new closed work permit (not an extension).

 

[Adam9292250]

The owner is under no obligation.

I'm not sure what he's referring to with regards to the six months. If he can find a new job and that employer can obtain a new LMIA, he would be applying for a new closed work permit (not an extension).

I'm not entirely sure, all of this is new to me. I'll ask him when he's in for work. I know he's used up every resource and visa possible to stay other then spousal basically. So if he gets another sponsor hes able to stay for the duration of that sponsorship? Does it essentially reset when he switches sponsors?

Maybe his work permit is up in 6 months?

I appreciate all the help, sorry I can't fully answer a lot of stuff.

If he switches sponsorship and he starts making minimum wage would he have to wait the 9 months under PNP semi skilled again? Or can he instantly apply for P.R since he met all previous requirements other then minimum wage?

 

[scylla]

If he switches sponsorship and he starts making minimum wage would he have to wait the 9 months under PNP semi skilled again? Or can he instantly apply for P.R since he met all previous requirements other then minimum wage?

He would need to work for his new employer for 9 months before he can apply. No - he cannot apply instantly.

 

[keesio]

Also common law wouldnt work because he has been living with her for a year and he needs to leave in 6 months if his current plce doesnt keep sponsoring him.

If he has lived with her for a year, doesn't that mean they have common law status already and the she can sponsor him?