Hi all

Didnt think I would need any more advice as everything so far was going well.

Cut the long story short.

- I activated my WHV last year March 19th 2012

- Started working in IT support on 23rd April 2012

After summer last year I started to enquire about extending my stay since I was working and my employer offered to do my LMO for me as they were registered and get it expedited.

December 2012 - First Expedited LMO – rejected as salary did not match so employer raised my salary to 50k

March 2013 - Second expedited LMO – rejected as decided that my job could have been filled in Canadian job market (also was explained because it is expedited they tend to make quick non-detailed decisions on these, not sure how true that is)

March 2013 - My employer’s lawyers then advised they will do a normal LMO which take longer but they can put a better case. This would take me past by WHV expiration date. Lawyer advised I would be on implied status and not to leave the country.
They also put an application for a working visa in at the same time.


Today – find out the LMO has been rejected again

I still have the working visa application going through which I find out about in May but I was advised that they will see the LMO is rejected and reject that too.

My employers say I have 59 days from the application in March but after that I have to leave and depart from Canada.


Cannot stress how destroyed I am right now of the thought of leaving a country I have managed to settle in and really need the right advice anyone can offer please.

Thanks
Bobby

That's awful!

Have you considered applying (depending on where you are located) for Provincial Nomination - if your employers are willing and able to sponsor you then once you receive PNP approval letter you can automatically get a TWP permit valid until your PR application is approved. It takes between 8 and 12 weeks to get the nomination through. You do not need an LMO to get the TWP via PNP.

Additionally, you could consider Canadian Experience Class as you have been working for more than a year (it recently changed from 2 years).

You can apply by mail to change your status to visitor - present processing times are 104 days I believe - and whilst you are waiting for the response you would be on implied status. You would not be able to work during that time but it may buy you enough time to get PNP approval if your employers would be willing to hold your job open for you.

Worst news I could have expected, the last year has been a dream come true finding a great place to stay and a superb job so I really do not wish to leave at all.

I started work last year April 23rd 2012 - so it has not been a year yet but that date is just around the corner.

I am on implied status now I think - that is what the lawyer told me as my WHV expired 19/03/2013. However I have been working since my WHV expired so unsure following what you said.

Does the lawyer realise that you are on an IEC working holiday visa, not a normal TWP?

A working holiday visa (IEC) is not extendible and you cannot be on implied status waiting for a visa you do not have, you would only be on implied status if you had a TWP that you had applied to renew. You are not on implied status as far as employment is concerned and should not be continuing to work - you are risking gaining PR if you do.


I suggest you look at restoration of status because right now it would appear you may be overstaying. http://www.cic.gc.ca/english/informa...sp#restoration

Which Province are you in - have a look into PNP as I think that would be your quickest option.

I am going to email my employers lawyer now to ask them why they stated I could stay on implied status. They are well aware I am on an IEC as I have sent them the docs and told them this.
My employers may be willing to sponsor me for PNP but since I can not work for now till then does that mean I can not remain in the country as a visitor either. My savings would last me for that period.

I take it since I am not supposed to even be working at the moment then the CEC would not be an option?

I'm very sorry to hear your situation. It sickens me to think Canada let's hundreds of thousands of useless work-shy <snip> stay, yet a hard working Brit who already speaks English, adapts to Canadian culture and possesses fairly niche skills/experience has problems getting a visa extension/PR.
I agree with the above answers, apply through the PNP as this gives you more of a solid application. If that doesn't work then keep trying and never give up. I sincerely hope it works out for you.

I try not to get pissed off but I have met many other immigrants here who seem to be not having any trouble but yes i thought with my skillset and being valuable to my employer that i would have got the LMO.

Thanks for the positiveness

If i was to leave the country at niagara and re-enter as a visitor would I be okay to stay a few months while my PNP is worked out?

You might even find it difficult to get a visitors visa. In the moment it seems at least you are in Canada without a status and working illegally. You should have applied for a visitor status before your IEC expired.I hope you can get it sorted!!!

To the other poster nbdonkey, I find your comment absolutely inappropriate. Refugees have nothing to do with the LMOs/PRs. These people come from countries we're they are being harassed or killed due to their religion or political view or where they would live in war. If they are really all refugees is a hard thing to find out for Canada. In the end though for Canada a Brit moving over trying to find a job is just as much an immigrant as a Somali trying to find work. And there are rules and if the OPs employer offered too little salary then yes the LMO gets refused and if they think there are enough Canadians then yes it gets refused Brit or Somali or Polish. Ours got refused the first time round and it took a hell of an effort to proof it was wrongly refused. Also it seem the OPs employer's lawyers aren't the wisest!

I still wish the OP all the best as I can understand that he's upset and feel for him.

I wouldn't recommend leaving as they may be reluctant to let you back in as a visitor.

Apply for a change of status to visitor and restoration of status now, send it by mail and you will be on implied status (as a visitor) until you receive a response. You won't be able to work but you can remain in Canada provided you don't leave the country during the processing time.

If you do it by mail it will be 107 days to process - which should give you time to get your PNP application sorted out.

I was stating my belief that I think Canada (and the developed countries) should look after its own people and only let in immigrants who will contribute to the nation by adapting to its culture, speaking its language and working in a sector that actually needs workers. I find refugees for example, don't do the above. They never seem to have problems getting visas despite having no skills, money or even speak English. People like BobbyN deserve to stay in Canada, and it frustrates me hearing about cases like his.

Sorry guys my heads just spinning now. To hear that I should not even be working and my lawyer might have screwed me in the process is shocking.

The application for change of status - can anyone else offer me advice on this.

Can i do this myself or can i still ask a (different) lawyer to do it for me. Although I hate the idea of not being able to visit home for that long it is better than nothing.

Once i send this application do i need to report at the border again or just sit tight for 107 days? Also are there fees involved?

What is my status actually being restored too and the fact that I have accidently been working since march 19th going to effect this?

Also you say in parallel to this I should get the ball rolling on a PNP application? Which I should get a decision on before the above.

How do i know I have not missed the allocated amount for PNP applicants and since this costs more to process I guess there is alot more to this application right?

And that's exactly what CIC does when they refuse LMOs. Make sure Canadians get a chance to get the job over an immigrant. I know Brits that just moan about Canada, the cheese, the lack of culture etc and don't adapt very well and I know UAE that are fully integrated and speak the language very well. And of course nobody can ask a refugee to learn English prior to fleeing it's country

You can do the change and restoration of status yourself, use the link I gave you http://www.cic.gc.ca/english/informa...sp#restoration

Your status is restored from being an overstay to being legally here - as a visitor (hence you also need to tick the box to indicate change of condition to visitor). You sit tight - do not leave the country before you get a response or else you will no longer have implied status. You will receive either a refusal - with 30 days to leave - or else an approval, giving you visitor status, it will come by mail and you do not need to go to the border to implement it. The change of status costs $75; restoration is $200 but check into this - you may be able to just do the change if your company lawyer is adamant you are on implied status now (though I don't understand how he could).

There is no allocation for PNP - you and the company you work for either qualify or you don't. Look at this link and then go to the Province that you are living and working in (if you want to post the Province someone can advise you also). See which PNP class you come under and check the requirements for that and also for the company.

If your company will sponsor you (and they qualify to) then get the application in asap and you could have a response before your implied status runs out.

As an example, my son's friend was here on an IEC, went out to BC after 6 months, worked and wanted to stay. He applied for a job, got offered it and they agreed to sponsor him for BC PNP (he's a carpenter). It took about 8 weeks once the paperwork had been submitted and then he went to the border with his acceptance letter and got a 2 year TWP (no LMO required) and is now in process for PR.

If you have further questions please feel free to ask - and don't get too down at heart, at least you have some options.

Amazing information - where do i send the xmas card too.

I am going to present this option to my employer.

In the meantime this might sound cheeky but my employer has an office in the UK. Could i work and be paid into my UK account but base myself at my house here? As my work is project based I dont really need an office?
If not then I guess I will just take a break from work and visit family in BC while everything goes through.