aro202

Hi guys,

Apologies for dropping a rather large and vague query on everyone but if anyone has any useful info it would be very much appreciated.

I'm currently living in Vancouver, 5 months into a 12 month IEC visa. I'm in the process of applying for another IEC visa which would give me a further 12 months to live and work here, but I trying to figure out how/if I can stay beyond that.

I've been offered a job with a recently established company working as a video editor and social media specialist. They're happy to offer me a full time, permanent position with a salary that I can easily live off.

I've got a bachelors degree in English Literature and a Masters in TV Journalism and a couple of years work experience back in the UK. I've got no dependents and no criminal record. I was a student in Canada for 1 year in 2007. I don't have any Canadian relatives.

Essentially I'm trying to figure out whether or not I will be able to extend my time here beyond the 2 years allowed under the IEC program. I appreciate that it's still a fair while before my visas run out but I wasn't sure what kind of processing times were involved and I didn't want to be caught unawares.

Thanks for any and all info you guys can offer. I have had a look on the Immigration website but had lots of questions that didn't seem to be answered there. Apologies if there are existing threads where these questions have already been answered.

Cheers,
A

christmasoompa

You have three options - ask your employer to apply for an LMO to get a 'normal' TWP, and then use that to apply for PR, get your employer to apply for an AEO and then apply for FSW cat 2 directly (will take approx 18 months in total though), or get your employer to apply for your PR via the PNP.

If you don't actually want to apply for PR (you don't say if you wish to stay permanently or just extend your stay for a year or two), then you could just apply for LMO/TWP which would give you longer. As you can see, you'll need your employers cooperation as there is no way of you applying for any longer term visa from an IEC yourself, but if they want to keep you, then hopefully they won't mind doing a bit of paperwork to do so.

HTH a bit, good luck.

aro202

Hey,

Thanks for the quick response. I should have said - I am hoping to get PR eventually but as I understand it, a TWP can be a stepping stone to achieving PR. Should it theoretically be easier for me to qualify for a TWP than PR?

I have spoken to my employer and he is happy to support me through the process but having looked into the LMO criteria it seems like they are very keen that you prove that a Canadian CAN'T do the job for which you are hiring the foreign worker.

I wasn't sure if this process was more of a formality, simply to confirm that they are not exploiting a foreign worker or hiring someone who is wildly unqualified or if you have to prove that the foreign employee has some unique or exceptional skill that no-one else in the Canadian Labour market possibly has. For example, if there are Canadians with similar qualifications to me, is my employer still entitled to say that I presented myself more impressively at interview or demonstrated other less 'quantifiable' traits (impressive past work experience, good attitude etc) that made me better suited for the job?

I am still looking into getting another IEC visa so that I can stay at least 1 more year. Doing so from Canada is proving a bit tricky - forms not downloading, having to send lots of stuff through trans-atlantic snail mail etc and I'm slightly concerned that, given the limited number of available visas, I may not be able to submit my application fast enough. Assuming this was the case, would I have time to get a TWP approved by September of this year (that is when my current IEC visa expires).

Basically I suppose I'm asking if getting an extended work permit or PR will be a formality, a bit of a lottery, or pretty unlikely.

Thanks again! Trying to wade through the immigration websites is proving mightily stressful so I really appreciate the help.

A

aro202

Also, I have looked on the PNP application forms and they specify that my employer must have been established for at least one year in order to sponsor me for that program. Is this the case with all applications for PR or TWP do you know?
Cheers,
A

christmasoompa

It's certainly an easier process (i.e. not as many forms to fill, or evidence to supply), but the stumbling block can be getting a positive LMO.

They're more than 'very keen' - it's an essential requirement, and unless the employer can prove that the job has been advertised nationally and that no Canadian that can, or will, do the job has been found, the LMO will not be granted.

No, it's not a formality. If the employer has found a Canadian that could do the job, then the LMO will not be granted, regardless of any other positives you presented over the other candidate.


You would, yes. You'd need your employer to advertise the job again, and then apply for the LMO. The LMO will take around 12 weeks, so you've got plenty of time, although do allow extra in case it's refused first time around.

I would have said somewhere inbetween - not a lottery if you put a good application forward, but also not as simple as 'a formality'!

It's not the case for all PR applications or TWP's, no. In which case, if your employer isn't eligible for PNP, then you'll have to look at trying to get PR as a FSW. Which will mean a LMO/TWP first probably, then a FSW application - that of course is assuming you qualify i.e. have a skilled job (what do you do?), meet the points requirement, etc.

HTH, good luck.

aro202

Thanks - fantastic answer - made stuff a lot clearer than the official websites did!

One thing I still wasn't 100% clear on was one part of the LMO application. You mentioned that my employer has to demonstrate that there is no Canadian who applied for the job who would be capable of doing it and I was unsure what level of discretion my employer would have in determining who was capable.

To clarify, I work for a marketing company and my job involves video editing, filming, photography, copywriting, and managing online social media. As far as I can tell these aren't regulated trades in Canada but I have qualifications which are relevant - a bachelors degree in English Literature and a Masters Degree in Journalism - and experience working as a journalist and for TV Production companies in the UK.

Would a LMO typically only be issued for a job which is regulated or which requires specific qualifications for you to be legally allowed to do it (Doctor, Lawyer, Engineer etc).

I was also considering the possibility of working at the company for another year then applying for a TWP. I was unsure if my employer could use my direct experience in that job to justify applying for a LMO. I.E. No-one else would be capable of doing the job because it would require that they have training/experience with the company that I have already got via working for them for the past year.

One last thing - in terms of my employer proving that I was the only suitable candidate - how would they do that? Would they have to provide copies of the CV's of rejected candidates, or provide the Immigration department with the contact information of rejected candidates to confirm that they were genuinely interviewed etc?

Thanks! (again!)
A

helcat12

LMO is not only issued for regulated trades. My OH is in IT and needed an LMO for his job (twice!!)

My husband's employer went through the advertising for the post over and above what was required by HRSDC and then proved that there were no suitable Canadian candidates to satisfy HRSDC for the LMO by doing the following;

*Scoring any applicants they had against the criteria they had specified in the job description from the advert.

*Interviewing the two best candidates and once again scoring them against pre-set criteria and their performance in a technical test.

They did not have to provide personal details of the candidates interviewed or give their contact details.
HRSDC never asked directly for any information about any other candidates, but then the company felt it was best to pre-empt any possibility of rejection by providing as much information up front as they could.

It is important to note that the fact that my husband exceeded the other applicants score on the test and at interview is not sufficient for HRSDC to approve an LMO.
The company has to show that the other applicants would not have been employed, even if they had no-one else suitable apply.

The employer can specify whatever qualifications, skills and experience they like in the advert over and above the basic requirements of the job.
The only thing they have to prove is that you satisfy their criteria and no Canadian applicant could.

The staff at HRSDC are not experts in all fields and cannot be expected to know the ins and outs of every trade and job category and technical requirements of each, so it is up to the employer to decide what they want from the successful candidate and that should be clearly expressed in the job advert and reflected in the salary and benefits package.

From what we have experienced, they seem to use a combination of the advert created by the employer, the general job category description under the NOC, national and local employment statistics for that NOC (including salary ranges), information gained in research on that NOC (done by the person who assesses your application) and the information provided by the employer on the recruitment process to arrive at their decision.

Both times HRSDC got in touch with my husband's employer to ask more about their offer and the circumstances surrounding it and seemed happy with the responses.


My advice is;
* make sure the salary is above the average for the NOC.
* exceed the advertising criteria
* make sure they advertise on Job Bank
* be as precise as they can about the job criteria
* give details of how any other applicants failed t meet those criteria
* emphasise how you will contribute to the training and development of other Canadian staff (because they seem very keen on this!!)

Good Luck

aro202

Thanks so much - brilliant to hear from someone who has been through the process to get an idea of how it works. It sounds like I stand a decent chance - my employer is definitely on board and it will be a year or so before we need to apply for the LMO.

One thing I wanted to clarify - was your husband already working in that job under some other kind of visa when his employer applied for the LMO? I'm currently working for the company on an IEC visa and I'm not sure if that makes any difference when we come to apply for the LMO.

Fingers crossed it'll all come through ok. Glad to hear your husband got the whole thing sorted eventually!

helcat12

No, he wasn't working for his current employers or indeed in Canada at all.

I don't think it makes any difference to HRSDC whether you are already working here or not - they are not in any way connected to Immigration and they do not issue work visas of any sort - they just do the "protect Canadian jobs" bit so their remit is very clearly defined and they don't take any notice of what Immigration do!

That seems to be reciprocated, as even if you have a positive LMO, Immigration can still refuse you entry to the country, so I think your current staus will be irrelevant to them.

aro202

Aha I see. So the LMO allows him to apply for a work permit and the work permit then allows you to work and live in the country? As in, the work permit lets you work here and live here for a certain length of time - there isn't an additional permit needed to live in Canada once you've been granted permission to work?

Apologies if I'm being really thick. I'm on my third coffee of the day!

Cheers!

helcat12

Employer applies for LMO for permission to employ you, the foreign worker.

You, the foreign worker then have to satisfy Immigration that you can be allowed into Canada ( all sorts of things they want to be satisfied about at this point - criminal admissibility, that you intend to leave at the end of your work permit etc) and have the right to work. If you do, they will grant you a Temporary Work Permit.

You, the foreign worker can then use this job offer to apply for Permanent Residency through Provincial Nominee Program or Federal Skilled Worker Category 2.

That's how it works.

Simples!!!