Advice on options (TWP, PNP etc.)
#1
Forum Regular
Thread Starter
Joined: Sep 2011
Posts: 90
Advice on options (TWP, PNP etc.)
Hi everyone,
First I'd like to say I've been an avid reader on this forum for a couple of weeks now and I must say it is a great resource. So, hats off to the people running the show here and those who share their experiences.
Now, here's my case:
I moved to Canada in 2005 on a study permit to pursue a Master's degree in Engineering. I was hired by a local engineering firm before I graduated and started working for them part-time until I graduated. Prior to starting part-time work, I applied for and duly received a work permit (which I now know was just what they call an 'off-campus' work permit). As some of you may know, its not easy to juggle graduate work and a job, my degree took longer than expected to complete and I kept renewing my permits as appropriate.
At some point in time, the International Student Advisor at my university informed me that it was ok to remain in the country even after your visa expires, but once you leave Canada, you would have to re-apply for it prior to re-entering. I re-applied for my visa on my last trip home in 2009 without any problems (my permits were valid at that time). Now, this is the part where I make a huge error. Although she had said visa, I applied the same reasoning to the work and study permits.
Needless to say, both my permits and the visa expired (in March of 2010). I was due for a vacation at the beginning of 2011, but I postponed my trip home because my gf couldnt go until July, and we had decided that on our next vacation, she would come meet my family. So, around April of this year, I decide to look on the CIC website to see what the procedure is to renew my visa and permits again when I'm home and realize that there is an off-campus work permit (which I had and had expired) and a skilled worker full-time work permit (which I never had). So, the bottom line is:
- I'd been on the wrong work permit after I graduated.
- I had now overstayed because I had remained in the country after my permits had expired.
I immediately contacted my employer and the CIC, who both seemed confused (I dont think they receive very many phone calls from people claiming they are out of legal status in the country). My employer contacted their immigration consultant and said that my status and all my papers would have to be 'reset'. So, I would have to go be let go and then re-hired from outside the country. I got my Letter of Termination on Friday and my new Job Offer on Monday. I called CIC and they basically said the same thing. I even went in to the local CIC office in Canada so they had a record that I came in personally and asked them for advice. I left Canada on May, 31st.
The application for my LMO went in a couple of weeks after I left, but my rejected in two weeks because the wage rate was incorrect. They changed it and re-applied, but ofcourse this meant re-starting the entire process. Now it has been almost 7 weeks since the second application for the LMO went in and about 2.5 weeks ago I received an update that the HRSDC had just 'opened' my application file whatever that means.
So, my questions are:
1. My application went in at Regina, SK. I was initially given at estimate of 4-6 weeks. After 6 weeks, I was told 8-10 weeks. I have looked on the official website and it doesnt seem like there are any official time frames. Any one have an idea of how long LMO apps are taking in Regina?
2. Also, just as a back-up is it worth applying for PR through the SK PNP right now while I am still waiting for my LMO? Or will that just create complications?
3. My gf who is a Canadian citizen (I am an Indian citizen) and I were going to get married in 2013, but would be willing to tie the knot sooner if it meant I could get back earlier and we could resume our lives together. Would this be advisable?
Thanks in advance for any responses!
First I'd like to say I've been an avid reader on this forum for a couple of weeks now and I must say it is a great resource. So, hats off to the people running the show here and those who share their experiences.
Now, here's my case:
I moved to Canada in 2005 on a study permit to pursue a Master's degree in Engineering. I was hired by a local engineering firm before I graduated and started working for them part-time until I graduated. Prior to starting part-time work, I applied for and duly received a work permit (which I now know was just what they call an 'off-campus' work permit). As some of you may know, its not easy to juggle graduate work and a job, my degree took longer than expected to complete and I kept renewing my permits as appropriate.
At some point in time, the International Student Advisor at my university informed me that it was ok to remain in the country even after your visa expires, but once you leave Canada, you would have to re-apply for it prior to re-entering. I re-applied for my visa on my last trip home in 2009 without any problems (my permits were valid at that time). Now, this is the part where I make a huge error. Although she had said visa, I applied the same reasoning to the work and study permits.
Needless to say, both my permits and the visa expired (in March of 2010). I was due for a vacation at the beginning of 2011, but I postponed my trip home because my gf couldnt go until July, and we had decided that on our next vacation, she would come meet my family. So, around April of this year, I decide to look on the CIC website to see what the procedure is to renew my visa and permits again when I'm home and realize that there is an off-campus work permit (which I had and had expired) and a skilled worker full-time work permit (which I never had). So, the bottom line is:
- I'd been on the wrong work permit after I graduated.
- I had now overstayed because I had remained in the country after my permits had expired.
I immediately contacted my employer and the CIC, who both seemed confused (I dont think they receive very many phone calls from people claiming they are out of legal status in the country). My employer contacted their immigration consultant and said that my status and all my papers would have to be 'reset'. So, I would have to go be let go and then re-hired from outside the country. I got my Letter of Termination on Friday and my new Job Offer on Monday. I called CIC and they basically said the same thing. I even went in to the local CIC office in Canada so they had a record that I came in personally and asked them for advice. I left Canada on May, 31st.
The application for my LMO went in a couple of weeks after I left, but my rejected in two weeks because the wage rate was incorrect. They changed it and re-applied, but ofcourse this meant re-starting the entire process. Now it has been almost 7 weeks since the second application for the LMO went in and about 2.5 weeks ago I received an update that the HRSDC had just 'opened' my application file whatever that means.
So, my questions are:
1. My application went in at Regina, SK. I was initially given at estimate of 4-6 weeks. After 6 weeks, I was told 8-10 weeks. I have looked on the official website and it doesnt seem like there are any official time frames. Any one have an idea of how long LMO apps are taking in Regina?
2. Also, just as a back-up is it worth applying for PR through the SK PNP right now while I am still waiting for my LMO? Or will that just create complications?
3. My gf who is a Canadian citizen (I am an Indian citizen) and I were going to get married in 2013, but would be willing to tie the knot sooner if it meant I could get back earlier and we could resume our lives together. Would this be advisable?
Thanks in advance for any responses!
#2
Forum Regular
Joined: Jan 2011
Location: Alberta Canada
Posts: 64
Re: Advice on options (TWP, PNP etc.)
Hi Scuudz! Just to let you know, Our LMO was approved in Alberta today! So that is 7weeks today ours was started! So hopefully yours wont be much longer! Hopefully someone can come along and answer your questions soon! This is all new to me im afraid!!
Good luck!!
Good luck!!
#3
Forum Regular
Thread Starter
Joined: Sep 2011
Posts: 90
Re: Advice on options (TWP, PNP etc.)
Thats great news! Congratulations! I havent heard anything yet, but Im still hopeful. May I know what line of work you are in?
#4
Forum Regular
Joined: Jan 2011
Location: Alberta Canada
Posts: 64
Re: Advice on options (TWP, PNP etc.)
Hi there, Thankyou! I am a car mechanic. I hope you hear soon. Good luck.
#5
Forum Regular
Thread Starter
Joined: Sep 2011
Posts: 90
Re: Advice on options (TWP, PNP etc.)
"I have just spoken with the officer who is reviewing your LMO application. He had a number of questions to ask me this afternoon and I provided him with some additional information which he did not have previously.
He will review this additional information and I will be receiving his decision by fax by the end of the week. I don’t know which way it will go but he seemed satisfied with the information he had and that I provided to him.
Fingers crossed."
So, the end of this week means I should have a decision in 9 weeks and 1 day. Here's hoping it is a positive decision!
#6
Forum Regular
Thread Starter
Joined: Sep 2011
Posts: 90
Re: Advice on options (TWP, PNP etc.)
UPDATE: Just received a positive LMO!! It's been exactly 9 weeks! Now to get to work on the TWP application.
#9
Forum Regular
Thread Starter
Joined: Sep 2011
Posts: 90
Re: Advice on options (TWP, PNP etc.)
I'm an Indian citizen, lass. Therefore, I cannot apply at POE.