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Rabz_13

Member
Feb 26, 2013
17
0
Hi All,

I have a situation that needs addressing :

After graduating from Dalhousie University, Halifax, Nova Scotia in June 2011, I was issued a 3 year post secondary work permit from September 9, 2011 to September 8, 2014. I moved to Edmonton, Alberta and worked with a project management consulting firm from from February 28, 2012 till November 25, 2014 (date my work permit extension was rejected). After a year of working i applied to become a permanent resident through the Federal skilled worker stream. This was rejected at the end of 2013 due to the type of work permit I had. I then employed an immigration consultant who advised the following :

1) Apply for Permanent Residency through the Alberta Nominee Program under the employee driven stream.

2) Apply for an LMIA through my employer

3) Apply to extend my work permit closer to the date of expiry

The work permit extension was rejected on November 25, 2014 since I did not obtain a valid LMIA at the time. My contract was subsequently terminated with my employer with a possibility of rehiring me once I sort out my status. The LMIA was later rejected by Service Canada for the following reasons :

1) The wages my employer was offering were not consistent with the prevailing wages paid to Canadians in the requested occupation.
2) The company has not demonstrated sufficient efforts to hire Canadians in the occupation.

The work permit rejection letter also stated that I have 90 days to apply to restore my status or I would be forced to leave Canada. The restoration period ends on February 23, 2015.

The only outstanding application is the PR through the Nominee program. I was made aware that this will unlikely be accepted since I require a valid work permit throughout the process (which is not the case anymore).

Last week, I have applied for Permanent Residency through the Canadian Experience Class (CEC) and also paid a $200 fee intending to restore my status.

Now that I applied for PR through the CEC stream and believe that I have all the qualifications for a successful application, is there a way to restore my status as a worker in Canada ? I am originally Syrian and I am unable to move there and wait for a decision on my PR due to the ongoing war. I know that the H&C stream may be applicable but read that it may take years to process and I will not be able to leave Canada, and will remain without status until I am a PR. Is there any way I can restore my status as a worker in Canada while i wait for my PR card ? What other options do I have besides obtaining a positive LMIA to work in Canada ?

Thank you for your time
 
If you want to restore your status as a worker, you need an approved LMIA. There's no way around the LMIA requirement.
 
Hi Scylla,

Thanks for your prompt response. As you may be aware, obtaining a positive LMIA is a long process which requires getting an interview, having the potential employer apply for an LMIA and waiting for a decision from Service Canada. This process will take much longer than the 90 day period (69 days remaining as of today). As mentioned below I can't return to my Country of origin due to the current circumstances. What do you suggest I do ? Apply for a Temporary Resident Visa and look for a job in the meantime ? Any idea how long a TVP is valid for ? What if I don't receive an approved TVP before my 90 days are up ? Would you have any other suggestions that would buy me some more time ?

Thanks again
 
Yes - change your status to visitor to give yourself time to look for a job / wait out the LMIA. It's impossible to say how long a visitor visa you will be given - hopefully six months. If the visa is refused, you would have to leave Canada.