LMIA and work permit visa for 2 years since August 2017-2019

[Purdy1]

Hi

What's fair in all this?

I had a 2 year job specific work permit and my partner had her open work permit for 2 years. All LMIA approved at the port of entry in Toronto and my contract was up northern Ontario in August 2017. To cut the story short. Up until September18th the employer had no work left for me. Bearing in mind he verbally stated. I was furious and i said now where does this leave me and no warning. He didnt care. I was under the 3 month probationary period even though i signed a job contract too, law states he can do This.

This left us upset and frustrated. What else could we do. So we moved down south and i luckily found another employer who is prepared to go through the whole LMIA and sponsorship and hiring process under the same conditions as before. We were delighted in knowing their are decent people around these days..

Since all this, whilst in canada, my father fell very poorly so we had to depart to the uk to help my mother cope, which was on October 19th 2017.

can someone please give constructive advice, regarding why didn't immigration or anyone help us when we needed it?

And what the rules are in these circumstances?

We feel this is somewhat very unfair and we feel that canada neglected us our legal rights in a crisis like we encountered.

 

[scylla]

This isn't an immigration issue - it's a labour issue. So the right government agency to contact for assistance is your labour standards office. You can find contact info here: http://www.cic.gc.ca/english/work/labour-standards.asp

 

[canuck_in_uk]

Hi

What's fair in all this?

I had a 2 year job specific work permit and my partner had her open work permit for 2 years. All LMIA approved at the port of entry in Toronto and my contract was up northern Ontario in August 2017. To cut the story short. Up until September18th the employer had no work left for me. Bearing in mind he verbally stated. I was furious and i said now where does this leave me and no warning. He didnt care. I was under the 3 month probationary period even though i signed a job contract too, law states he can do This.

This left us upset and frustrated. What else could we do. So we moved down south and i luckily found another employer who is prepared to go through the whole LMIA and sponsorship and hiring process under the same conditions as before. We were delighted in knowing their are decent people around these days..

Since all this, whilst in canada, my father fell very poorly so we had to depart to the uk to help my mother cope, which was on October 19th 2017.

can someone please give constructive advice, regarding why didn't immigration or anyone help us when we needed it?

And what the rules are in these circumstances?

We feel this is somewhat very unfair and we feel that canada neglected us our legal rights in a crisis like we encountered.

Hi

As scylla said, not an immigration issue. You got a bad employer, which is just something that can happen with a job in any country. Situations like that are a risk you take when you move to a foreign country. You could contact the relevant labour board but given the fact that you were in the probationary period, I doubt you will get anywhere with it.

No one neglected your legal rights

 

[Purdy1]

Hi,

Thank you both for your replies.

I originally made a claim with the ministry of Labour in September and they were ready to contact the company because they emailed me confirming this yesterday and I had a long think and decided to drop the claim due to the fact that i wouldn't get much satisfaction or my stolen tools returned, which i reported to the police. All this agro wouldn't be worth it. I got ripped off by him. I didn't even get paid either. This was originally why I complained to the Labour board.

I have since had a perfect job offer that i can't lose.

My frustration is I paid for our permits at the port of entry in August 2017 to the company i worked for, and I'm no longer there.

Would our original permits be void? Because it stated sudbury ontario and my partners open permit did also?

I will be working for my new boss in southern Ontario once everything has gone through.

Another question. Is a SIN number linked to a employer?

 

[scylla]

Your SIN is not linked to your employer. However your work permit is. This means you cannot work for your new employer (paid or unpaid work) until your new closed work permit is approved. You can, however, remain legally in Canada (without working) using your original work permit.

 

[Purdy1]

Your SIN is not linked to your employer. However your work permit is. This means you cannot work for your new employer (paid or unpaid work) until your new closed work permit is approved. You can, however, remain legally in Canada (without working) using your original work permit.

Thank you for your quick response.

I had to come home to help my father in October 20th due to his poor health, my mother needed us. Can I return to canada with my old employer permit until I recieve the LMIA approvel?

 

[canuck_in_uk]

Thank you for your quick response.

I had to come home to help my father in October 20th due to his poor health, my mother needed us. Can I return to canada with my old employer permit until I recieve the LMIA approvel?

You should have no issues re-entering Canada.

 

[Purdy1]

You should have no issues re-entering Canada.

Thanks.

Is it the duty of the employer to let immigration know if the employee is there or not? Because I've recieved no letter or emails from my employer when he verbally laid me off work. I've not heard a word. Is this normal of employers ?

 

[canuck_in_uk]

Thanks.

Is it the duty of the employer to let immigration know if the employee is there or not? Because I've recieved no letter or emails from my employer when he verbally laid me off work. I've not heard a word. Is this normal of employers ?

Your former employer is not required to inform immigration.

No, not really normal. It sounds like you just got mixed up with a really bad employer.

 

[scylla]

No, not really normal. It sounds like you just got mixed up with a really bad employer.

I think it's a bit more normal in some fields rather than others. Certainly not normal in big business. However if I'm not mistaken, OP works in the painting/decorating field or something like that. I think things are a bit less formal (rightly or wrongly) in this industry from what I've seen.

 

[canuck_in_uk]

I think it's a bit more normal in some fields rather than others. Certainly not normal in big business. However if I'm not mistaken, OP works in the painting/decorating field or something like that. I think things are a bit less formal (rightly or wrongly) in this industry from what I've seen.

Good point, could be more normal in that industry. It's never been normal anywhere I've worked

 

[Purdy1]

Hi,

Thanks for both your responses.

I agree this isn't a normal professional way to treat a worker in this manner at all. I've never been in this boat before.
Well if he hadn't told anyone I'm no longer with the employer, does this make it confusing with my new employer who's doing my lmia process so I can basically go with him anyway. I just hate how these employers can be like this and get away Scott free. This shouldn't be legal. I find it disgusting in all honesty.

 

[scylla]

The new LMIA won't be impacted one way or the other.

 

[Purdy1]

The new LMIA won't be impacted one way or the other.

Thanks.

That's good to know.
Would I be able to claim for employment insurance and my partner until I get the lmia approved with my new employer because I did start for him but only brief then all this happened?
My partner accompanied me with her open work permit.

 

[scylla]

Thanks.

That's good to know.
Would I be able to claim for employment insurance and my partner until I get the lmia approved with my new employer because I did start for him but only brief then all this happened?
My partner accompanied me with her open work permit.

How long did you work?