work permit refused, what next? HELP!!

[owenzy]

Hi guys,
quick background.....
I've had a work permit for the last 6 years(2 x 3 years,1 renewal), same employer, he requested LMO in Jan, rejected due to lack of advertisement of post,reapllied after posting on job bank,(was set up for 14 days, but took 3 days to go live on hrsdc job bank), rejected again,citing no on site for 14 days!!!
(He also noted on the appliction that I was applying for PR under CEC, & included a copy of the certified cheque made out to immigration,and they were offering me a permanent Job under work permit or PR)

He has reapplied yesterday after listing again for 20 days on job bank site.(to be safe)

During this time i applied for work permit extention, to process concurent with LMO, (permit expiry 7 april 09).

I have also applied for PR under CEC, from Buffalo, got letter at start of June 'in processing' with file ref. #
Got home yesterday, looking forward to celebrating Canada Day,check my mail & I recieved a letter from Buffalo, letter asking for finger prints (RCMP)...looking good.

Also got in mail letter from CIC, rejecting my work permit extention,no valid LMO is recieved.

Any Idea's on what I can do next, as I believe i'm now out of work,no pay & not status!!!
HELP!!!!

(sorry for the long post!!)
John.

 

[Leon]

You can apply to change your status to visit status. If you do that, then you will not be out of status until they answer which can take a couple of months.

 

[owenzy]

Thanks for the reply m8,
But I would realy like to continue to work!!!

Anyway around this situation without having to wait the month & 1/2 that hrsdc is taking to process LMO's?

John.

 

[Leon]

Look for a job that is LMO exempt? http://www.cic.gc.ca/english/work/special-tech.asp
Look for a job that is work permit exempt? http://www.cic.gc.ca/english/work/apply-who-nopermit.asp
Work illegally? (not recommended)

 

[owenzy]

Thanks again,
Unfortunatly my job is a Jaguar Cars Technician, don't think there is any loopholes I can see in getting it done quicker!

My boss/company has stated to both hrsdc & cic this they are happy to offer me a permanent job in there applications & letters of referances, but don't think they would be too happy for me to have 6 weeks off!!!

 

[Leon]

What province are you in? If they get you an AEO to apply through PNP, sometimes the PNP can help you get a work permit without an LMO. An AEO is easier to get than an LMO. Worth a try anyway.

 

[owenzy]

I'm in Ontario (toronto) so even that option is limited!!!!

I think i'm up that creek & no paddle in sight


Would I have to leave canada & return to apply as a visitor??

John.

p.s.
Happy Canada Day Leon!!!

(even if I don't feel like celebrating now!)

 

[Leon]

You can apply for change of status without leaving Canada. Use the application to change conditions form at http://www.cic.gc.ca/english/information/applications/extend-worker.asp At least if you have to leave, a CEC application will not die on you.

 

[geekay]

This is Canada John:

Lots of things need to be planned well in advance. There is no way you can expedite your process for your work permit. One and half month is nothing. People wait months for LMO approvals and months for Work Permit approval from CIC.

Let your company handle your LMO application professionally.
Once you have LMO, you will get Work Permit.
Till such time, as Leon suggested go for Temporary Residence Permit to maintain your status. Once you have LMO, you can go for Work Permit again.

 

[owenzy]

thanks for the reply m8,

It's frustrating coz I know about the waiting, my company started the LMO in Jan. only to get it refused because of there web side delay in advertising the job!!!!

The letter from cic says I have 90 days to reapply, (& pay the restoration fees - of course!),
so hopefully I'll here from LMO soon(ish).
John.

 

[adtemporary]

I have confirmed with CIC that as long as your current work permit is valid you are legally allowed to stay in canada. So no need to change your status. When you are close to the time your WP is expiring apply for a change in status to a visitor. Maybe by that time you will be close to getting your LMO approved etc.
As I understand your LMO has been reapplied. So wait for a result and apply for WP again incase you get a +ve outcome. Just FYi the current wait time for a LMO in Toronto is about 11 weeks. + 2-3 weeks for a WP from Buffalo/NY. So set the right expectation with your employer (if they ask!!!)

 

[owenzy]

Hi again guys,
have now recieved my POSITVE LMO!!!!!

Now for the tricky part,

It's for the same employer,who are keeping me on, ( so CIC Vergaville is about 3month processing!!!)
I have the 90 days to change / renew status ( been about 40 days so far) & pay the fees involved....

now can I (should I)......
1.
travel & leave Canada & go to the Buffalo Mission & apply for my work permit on the same day(accoring to there site u can if you are there before 10am-for simple cases)

2.
Go down to the Falls/peace bridge/Lewiston & ask for the immigration officer at port (since I have my LMO & job offer) & see if they will process me without leaving Canada

3.
send the new application to Vergiville as a new application (same or old employer section?) & wait till they process the forms, bearing in mind i'm out of work because I'm out of status.

any help would be great,
Thanks,
Owenzy.