alicealiceh

Hello!

Just wondering if any of you have an idea about being sponsored to stay by an existing in employer in Canada. I'm originally from Scotland and have been in Toronto for 6 months now on a one year working holiday visa. I was originally working as a receptionist, but now work as a manager in a big restaurant. I know that this is classed as a Skilled Worker, however, as I've only done it for a couple of months so far I'm not sure I could apply to stay on that way.. Any ideas? Also, does anyone have any experience of being sponsored to stay on in the country by employers? I have been trying to find out this sort of stuff through the canadian immigration website but just find it really confusing.

Any advice would be much appreciated!

JamesM

Here is a previous thread on converting from a Work Holiday Visa to a Work Permit:
http://britishexpats.com/forum/showt...AC+work+permit

It gives you everything you need to know.

There is a very useful search function at the top of the page- so if you have any questions- type in the key words in the search function and it will pull up previous threads where they are covered.

CanadaJimmy

It's important to get the terminology right: Nobody can ever be "sponsored" by an employer into Canada.

You can only be sponsored into Canada by family members/spouses.

To stay in Canada, you would as JamesM points out, have to get your current employer to apply for whats known as a Labour Market Opinion (LMO). If it comes back positive, you can go to the U.S. border, re-enter Canada, with your LMO and a Job Offer Letter in hand (any other docs, such as your resume and qualifications are useful too in case they ask). You will then receive a temporary work permit (TWP).

The real crux of the issue is getting that positive LMO. You will have to find what the NOC code is for your job. Your employer will have to advertise your position for at least 2 weeks (within past 3 months before the date of applying), in fact I recommend the position is advertised for as long as possible to improve your chances. Your salary will also have to be the going rate for the position in your region, this can be found on the http://www.workingincanada.gc.ca/ website - just look up your NOC code.

Once you get your TWP, you can apply under the Federal Skilled Worker Category 2 class for Permanent residence if you wish to stay.

Alternatively, you can check out the current list of in demand jobs and apply as FSW Cat 1, but you won't be able to stay in Canada as your application is processed without a visa.

alicealiceh

Hey, thanks for both of your replies. That is really helpful about the LMO business. I looked up my job and it is classed as a Priority Occupation, which is definitely a good thing..however, I'm currently being paid $3 below the going rate for this position. I'm going to speak to my employer soon about it, as it seems as though this is the only way I'll get a chance to stay on in this great place!

mandymoochops

Just as an aside - how long would someone have to have been doing a priority job for?????

To qualify as a skilled worker don't you have to prove that you've done the job in the past / trained at it / got qualifications etc??? To be a restaurant manager (and don't get me wrong i'm not knocking it - it's a hard tiring job) for a total of 2 months would hardly satisfy me if I were a visa officer that this person is more skilled than someone in Canada.

alicealiceh

hey mandymoochops, yes, i totally agree! so far (i haven't done a huge amount of research thus far) i haven't seen much regarding how long you have done a priority job for but that is definitely something to take into consideration. anyone have any input?

i have done a lot of jobs like that in the past, although not in canada. i'm just trying to find any possible way of staying on in this great city/country, but i'll also definitely be content to move back to the uk. i just figure that it's worth a shot to try stay a little longer somewhere i really love

mandymoochops

Absolutely agree and sorry I can't be of more help - but certainly anything to help you stay on would be a bonus.

The only thing I can think of is that if you are in an area of minimal people (ie things like restaurants have a high turnover and lots of staff) then you may have a chance at an LMO even if it is just for maybe a 2 year temp work permit. You could then apply under the Canadian experience class after the 2 years using the managers job as its on the list.

First thing would be to try and speak to an immigration consultant to see what the liklehood of getting an LMO / twp for the job.

helcat12

Well, in order to apply for FSWCat 1 you have to have done the job for 1 year in the last ten years, but if you already have the job it is a different matter.
The LMO application requires the company to prove that they couldn't find a Canadian who could fill the post. This is not part of immigration, but Human Resources and Skills Development Canada (HRSDC for short). Proving it requires that the salary and terms and conditions (health care, holidays etc) are what would be expected by a Canadian applicant.
Your first issue will be salary, because the LMO process is strict on this so that employers cannot employ cheap foreign labour in lieu of Canadians.
The job will have to be advertised for the required time in the expected places for the job category and all the proper recruitment processes gone through and if you are still the best candidate then the company can apply for your LMO.
Then you can work on a TWP and apply for Federal Skilled Worker Cat 2 if you want to become a Permanent Resident.

jimf

There are employer sponsor schemes via provincial nomination - certainly for Alberta anyway. After that PR as a provincial nomine.

alicealiceh

Hi Jimf,

I only just noticed your reply about employer sponsor schemes via nomination. Can you elaborate on that? It's something I've not heard of!

alicealiceh

Hi again everybody!

So this afternoon I went to see an immigration consultant who was wishywashy and told me that the chances of receiving a positive Labour Market Opinion could be slim based on my experience. I have worked as a Restaurant Manager for 5 months now and by the end of my time in Canada I will have 9 months experience in this role. In addition to this, I have around a years experience from Scotland of working in similar roles, although they are supervisory as opposed to managerial, but definitely in the same vein.

I still feel like trying for the LMO and my boss really wants to keep me on. I am currently being paid below the average for this job, but I think my boss would be willing to give me a payrise to keep me on in the post.

Does anyone have experience in this sort of situation? The thing that is confusing me the most is the fact that my Working Holiday Visa is non-extendable. I understand that if I was to stay I'd need to apply for a Temporary Work Permit, but does the fact that I originally came to the country on a visa that is not intended to be used as a stepping stone to a longer stay/ possible permanent residence in the country impair my chances of getting a TWP?

Thanks for reading!

christmasoompa

You might as well try for the LMO, and just see what happens. It doesn't cost the employer anything to apply, so why not give it a go?

If your employer is prepared to give you a letter saying they'll employ you permanently if you get PR, you can also apply as a FSW (cat 2), although that won't have come through by the time your Bunac expires.

And do check in to the recent changes to WHV's, as I believe you can now get 2 one year WHV's in succession, so you may be able to apply for another one.

Good luck.

chanceUK

get another working holiday visa - the rules have changed

http://www.canadainternational.gc.ca...s_travail.aspx

CanadaJimmy

Not sure, the eligibility criteria for IEC states the following:
Be a UK citizen and be able to demonstrate permanent residency for at least three years prior to your application to the IEC;

Presumably that means you must have been residing in the UK for 3 years beforehand?

chanceUK

those residency requirements dont count if you have been out of the UK for study or short term work