Company that provided LMIA is closing

[SarahNicole]

I'm a Canadian and my boyfriend is an Irish national and just got an LMIA work permit. He was able to come back to Canada and start work again at the start of July. He has now been informed that the company he works for will be closing in about a month.

What are our options for him staying and being able to get back to work again ASAP after the company shuts down?

I don't know what other information is needed about our situation to be able to offer advice, so please let me know what else I can share!

 

[scylla]

He can't use his work permit to work for another employer since it's tied to the company that obtain the LMIA. He needs to find a new employer who can obtain a new approved LMIA so that he can apply for a new work permit. Once the new work permit is issued, he can start working for the new employer.

 

[scylla]

Just to add - he can certainly remain in Canada as long as this work permit is still valid. But he can't use it to work for a different employer. He needs a new work permit to do that.

 

[Joejo]

I'm a Canadian and my boyfriend is an Irish national and just got an LMIA work permit. He was able to come back to Canada and start work again at the start of July. He has now been informed that the company he works for will be closing in about a month.

What are our options for him staying and being able to get back to work again ASAP after the company shuts down?

I don't know what other information is needed about our situation to be able to offer advice, so please let me know what else I can share!

Since you are a Canadian, why don't you think about sponsoring him under the 'Spousal Sponsorship' category. If he is applying as an inland candidate, he may be able to get an Open Work Permit in 4 months

 

[Joejo]

Since you are a Canadian, why don't you think about sponsoring him under the 'Spousal Sponsorship' category. If he is applying as an inland candidate, he may be able to get an Open Work Permit in 4 months

With an Open Work Permit, he can work with any employer.

 

[SarahNicole]

The company actually is closed as of August 15th.

We thought about me sponsoring him but the estimated wait times on the website said 26 months. He is booked in to do an english test on Saturday then he is doing the paperwork for PR. His friend that's here just got PR and said it took exactly 6 months for his.

This is the plan we have so far, and we're hoping we can survive on my paycheques until then

 

[SarahNicole]

He has also applied for EI but I don't think he can get it because he's only been back in the country working since the end of June (He went home to wait for LMIA in November)

 

[scylla]

The company actually is closed as of August 15th.

We thought about me sponsoring him but the estimated wait times on the website said 26 months. He is booked in to do an english test on Saturday then he is doing the paperwork for PR. His friend that's here just got PR and said it took exactly 6 months for his.

This is the plan we have so far, and we're hoping we can survive on my paycheques until then

Getting PR these days as a skilled worker depends greatly on the number of total points he has under Express Entry. Has he calculated how many point he has? Historically, no one with fewer than 450 points has ever been selected through FSW/Express Entry. Over the last several months, only those with more than 480 points have been selected.

FYI - If you sponsor him as your spouse using the outland process it will take FAR less than 26 months.

 

[canuck_in_uk]

He has also applied for EI but I don't think he can get it because he's only been back in the country working since the end of June (He went home to wait for LMIA in November)

Just to let you know as well, from previous posts, it seems that those here in Canada on closed work permits are usually refused EI anyways. People who apply for EI must be actively looking for work and able to start immediately, something that closed work permit holders can't do.

 

[SarahNicole]

Getting PR these days as a skilled worker depends greatly on the number of total points he has under Express Entry. Has he calculated how many point he has? Historically, no one with fewer than 450 points has ever been selected through FSW/Express Entry. Over the last several months, only those with more than 480 points have been selected.

FYI - If you sponsor him as your spouse using the outland process it will take FAR less than 26 months.

He has enough points as far as I know. I just asked and he said "900 with the lmia."

He was planning on applying for PR once we got back on our feet since we were doing so poor financially with him being out of work for so long. It's just really frustrating that the company went on for so long trying to get him back here, knowing they weren't going to keep their doors open much longer, and now he's stuck in Canada unable to work or fly back home again. (which I would hate to have to do again, even if we had the money to do so)

Could you point me in the right direction of more information on the sponsoring him using the outland process part?

 

[SarahNicole]

Just to let you know as well, from previous posts, it seems that those here in Canada on closed work permits are usually refused EI anyways. People who apply for EI must be actively looking for work and able to start immediately, something that closed work permit holders can't do.

Thanks for the information!

 

[scylla]

He has enough points as far as I know. I just asked and he said "900 with the lmia."

He was planning on applying for PR once we got back on our feet since we were doing so poor financially with him being out of work for so long. It's just really frustrating that the company went on for so long trying to get him back here, knowing they weren't going to keep their doors open much longer, and now he's stuck in Canada unable to work or fly back home again. (which I would hate to have to do again, even if we had the money to do so)

Could you point me in the right direction of more information on the sponsoring him using the outland process part?

I'm not sure he can still count on the extra 600 points for the LMIA if the company is closing. My thinking is that he would initially be accepted by CIC - but then be refused later once CIC does a deeper review of his file and determines the LMIA is for a company that no longer exists. Also note that the LMIA is not enough to get the 600 points - he would also need a letter from his employer confirming the job they are offering is permanent (this words needs to be used).

Outland sponsorship: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[SarahNicole]

I'm not sure he can still count on the extra 600 points for the LMIA if the company is closing. My thinking is that he would initially be accepted by CIC - but then be refused later once CIC does a deeper review of his file and determines the LMIA is for a company that no longer exists. Also note that the LMIA is not enough to get the 600 points - he would also need a letter from his employer confirming the job they are offering is permanent (this words needs to be used).

Outland sponsorship: http://www.cic.gc.ca/english/information/applications/fc.asp

That's very disappointing to hear. As far as I know, he does have the job offer letter but that's probably useless to us now that the company is closing.

It doesn't look like I even can sponsor him, I don't make enough money to support both of us. He has enough to pay rent for the next 3-4 months if I pay everything else (bills, utilities, groceries, etc) but we'll have no money leftover for anything else...this is our main problem. We can't afford to live here without him working.

 

[scylla]

That's very disappointing to hear. As far as I know, he does have the job offer letter but that's probably useless to us now that the company is closing.

It doesn't look like I even can sponsor him, I don't make enough money to support both of us. He has enough to pay rent for the next 3-4 months if I pay everything else (bills, utilities, groceries, etc) but we'll have no money leftover for anything else...this is our main problem. We can't afford to live here without him working.

Sponsor him outland (that's what you should be doing regardless - inland would be a very bad choice). If / when you run out of money, he can return home to work there while he waits for his application to be finaized.

 

[SarahNicole]

Sponsor him outland (that's what you should be doing regardless - inland would be a very bad choice). If / when you run out of money, he can return home to work there while he waits for his application to be finaized.

We can't really afford to send him home. It's a plane ticket or rent