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Overwhelmed by Canada's Foreign Worker Rules (Currently I'm stuck in Washington)

n0games

Newbie
Aug 3, 2010
5
0
(Currently I'm stuck in Washington)

Little History:
I met a guy online about 10 years ago. He started his own very small business and Ive done work for him here and there on his website, graphics, product design, brochures, pc technical help and so on.
Anyways, hes been bugging me for years to come up and work for him. Hes his own boss and only employee. finally I decided to wing it and drive out there.

So, before ever looking into anything I decided to drive from NY to Washington State, go across the Port Angeles Ferry and Visit Canada. When I arrived they searched my car and gave me a problem with an arrest that happened when I was a youthful offender. (shouldn't even be on my record) This happen like 17 years ago. Anyways I went thru alot getting my lawyer to fax me everything that wasn't sealed. But they wouldn't accept it. They want court document's. So I sent a notarized letter getting my records unsealed and having a certified document sent back. So I think thats taken care of.

I told them at the border I was coming up to meet a guy I met along time ago to visit and see if I like it here. I guess they didn't believe me So they gave me a 3 week pass and had to leave, which I did. Currently I'm stuck in Washington.

During that time we looked at many angles and tons of paperwork about getting me hired in Canada. It seems like a huge mess. The guy gave me a job offer with his letter head stating if no suitable Canadians are available for the job the job offer will be in effect for me.

So, He posted the job in the HRDC Job bank and many other online Job searches. Has had a few Resumes but nothing thats going to fill the position he needs. I am very flexible and know everything about his company already without training. I have done work online for him for over 10 years.

Currently He has had the Job posted online for about a week. We do not know how long to advertise the job and do interviews before we should submit the LMO application.

We are looking for the best chance possible for this to work since we've spent alot of money and I'm the right person for the job. There is no one with the flexibility and skills over multiple job duties that he needs, being that I basically know everything about the company already.

Does anyone have any advice on anything, are we going about this the right way? I seem to be totally lost anymore when I go on the HRSDC web site.

I just cant take it anymore my mind is burnt out and I'm stuck in Washington running out of money until this is over :(

Sorry this is so long. Please help if possible. :'( Maybe a way to speed it up? I'm stuck here. Anyone know how long he has to advertise before He can submit the LMO? Since hes such a small business should he add a letter stating why I'm the best possible candidate? Copy of the job offer?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Need to post the ad for at least 14 days, and if it is not one of the special IT categories, your employer had to file for a LMO in your favour.

http://www.rhdcc-hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/advertrecrutment.shtml

http://www.cic.gc.ca/english/work/special-tech.asp
 

imatwkrp

Star Member
Jun 16, 2010
76
2
Category........
Visa Office......
OTTAWA
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
09-21-2012
AOR Received.
05-11-2012
IELTS Request
Sent with application
Med's Request
06-05-2013
Med's Done....
06-13-2013
Passport Req..
10-03-2013 (copies only; visa-exempt)
LANDED..........
11-09-2013
Try not to be overwhelmed or take on too much responsibility for this stage. You cannot do anything, yourself, until your would-be employer files for a LMO and sends you a copy of the positive result. Since there's nothing you can do until he does that, consider traveling back to your home address, or picking up a temporary/restaurant job which will replenish your income and give you some peace of mind.

My employer is a university, and it still took over 3 weeks for the Dean to get the LMO processed, back to him, and copied to me. And that was a slam-dunk case! So you've got a wait ahead of you and the responsibilities are all on others, for now.
 

n0games

Newbie
Aug 3, 2010
5
0
It sort of is a specialized IT position. The problem is I have no degree saying I'm a professional. I happen to know all this stuff threw self experience. So HRSDC isn't going to look at it like that anyways.

He has one more week to advertise. He has posted the job on about 10 different websites including the HRDC Job Bank.

I cant see driving all the way back to NY (3000) miles, waiting for this to happen.

I'm pretty sure the criminal stuff is taken care of because my records have been unsealed saying I'm a youthful offender. So I'm hoping to try to go back to Canada on Monday hoping they will let me in on a Visitor pass for a month maybe. Explain to them whats going on and hopefully they will let me go stay there as my boss will give me room and board until this process is finished. Positive LMO or not, atleast I don't have to travel back to NY then Travel back to Canada 6000 miles and about $1500 Travel expenses.

What do you guys think the best way to go about this is?
 

imatwkrp

Star Member
Jun 16, 2010
76
2
Category........
Visa Office......
OTTAWA
NOC Code......
4011
Job Offer........
Pre-Assessed..
App. Filed.......
09-21-2012
AOR Received.
05-11-2012
IELTS Request
Sent with application
Med's Request
06-05-2013
Med's Done....
06-13-2013
Passport Req..
10-03-2013 (copies only; visa-exempt)
LANDED..........
11-09-2013
Hm, I think my brother was right the day he told me that if I'm entering Canada as a visitor, I am best off not mentioning that I hope to take a job a Canadian could get, or live there and use Canada's resources. He had me repeat after him, "I am here on a short business trip." Or, alternatively, "I am here for a short vacation."

The best way to handle it may be to keep it simple, not to explain everything and not to engage in complex speculation!
 

Hope42010

Star Member
Oct 15, 2009
87
4
Brazil
I agree, too much explaning just get you in troubles.

Regarding to survival money, I am sure you can continue to work for him as you were b4 untill the issue is resolved. You already started the wrong way instead driving, you should fly as is cheap and less stressfull. There is a set of rules to follow just as if the situation was backwards and you both need to work it out.

Have faith and good luck.
 

n0games

Newbie
Aug 3, 2010
5
0
Well thanks for the replies. I got my court papers today with a seal stating (youthful offender)

Anyways, its to late for them to not know whats going on. They have already flagged me and know everything.

I guess its up to the officer if I can get in. I can explain Ive done everything so far they asked of me. I came into Canada before with a 3 week pass and left on the date they told me.

Hopefully they will let me return as a visitor until the rest of the process if finished. And that I have room and board staying with a friend. I have complied with all their rules and and trying to do everything legit. Hopefully they will understand my situation and understand.

I'm going to try and return Monday. Wish me luck! lol
 

n0games

Newbie
Aug 3, 2010
5
0
Well I tried enter again today. They wouldn't let me in because i dont have a positive labor market opinion yet... They wouldn't even let me stay on a visitor pass until it was done.

So now I'm stuck in Washington again with no where to go.

What would happen if I go to a diff border and try to get in? I mean I know a person in Vancouver thats a ways away from where I wanted to go and its closer to that border crossing.

Cant I just say I want to go visit them when they ask? thats is really my intention at this point. I can visit them while I wait. Or are they gunna scan my passport and see all this other stuff?

I think its because of my car they give me such a problem. I have a 350z and I guess it automatically makes me look like a drug dealer :(

So what do you guys think about trying that? Can I get in trouble?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,948
Hi

n0games said:
Well I tried enter again today. They wouldn't let me in because i dont have a positive labor market opinion yet... They wouldn't even let me stay on a visitor pass until it was done.

So now I'm stuck in Washington again with no where to go.

What would happen if I go to a diff border and try to get in? I mean I know a person in Vancouver thats a ways away from where I wanted to go and its closer to that border crossing.

Cant I just say I want to go visit them when they ask? thats is really my intention at this point. I can visit them while I wait. Or are they gunna scan my passport and see all this other stuff?

I think its because of my car they give me such a problem. I have a 350z and I guess it automatically makes me look like a drug dealer :(

So what do you guys think about trying that? Can I get in trouble?
Well with 2 refusals, you are now in the system, you go to another POE, they know you have been refused. You lie, you will get a two year ban from Canada most likely.