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Urgent help needed regarding work visa!

Urgent help needed regarding work visa!

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Old Aug 20th 2015, 5:34 pm
  #16  
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Default Re: Urgent help needed regarding work visa!

Originally Posted by Shirtback
it appears from the OP's first post, that his employer has investigated the possibility of applying for an LMIA & has been informed that it is very unlikely to be approved.

If the employer can't / won't apply, the OP has few options remaining.
Very True, i mis-read.

I just dont see how someone can turn around and say "no, you wont get it approved"

Each case is assessed on a case by case basis which i'm sure you're aware of.

But hey, i'm not the employer!
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Old Aug 20th 2015, 6:09 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by Shirtback
it appears from the OP's first post, that his employer has investigated the possibility of applying for an LMIA & has been informed that it is very unlikely to be approved.

If the employer can't / won't apply, the OP has few options remaining.
The other option is offering to pay the costs so the employer doesn't have anything to lose by applying.

OP I ran into almost exactly the same scenario as you working in a great, high skilled, job I loved, they wanted me to stay but didn't think an LMIA would be successful as Calgary is currently flooded with people out of work.

Now we're off back to Oz soon with PR instead.
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Old Aug 20th 2015, 6:56 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by Cubiscus
The other option is offering to pay the costs so the employer doesn't have anything to lose by applying.
At the least the OP is going to have to shell out $1000 and may get nothing for it. The cost is not limited to the application fee though. All in an employer is looking at $2500 at least, without using a lawyer. Strictly speaking the employee cannot pay the fee or reimburse the employer.

I guess an option is stumping up the $1000 to the employer and having an agreement that if the application is successful the employee get their $1000 back and if not the applicant is out $1000. ESDC may take a dim view of this though.
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Old Aug 20th 2015, 7:22 pm
  #19  
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Default Re: Urgent help needed regarding work visa!

It won't be cheap, is unlikely, but is an option. I had it but decided not to when advised by their lawyer it probably wouldn't be successful and their costs would be around $1500 plus the $1000 fee.

An LMIA for PR (which would get an almost instant invite) doesn't have that fee, but will still have lawyer costs.
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Old Aug 20th 2015, 7:51 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by Cubiscus
An LMIA for PR (which would get an almost instant invite) doesn't have that fee, but will still have lawyer costs.
and if the employer can find another local worker, without going to the bother, that would seem the most cost effective way to do it.
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Old Aug 20th 2015, 7:53 pm
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Default Re: Urgent help needed regarding work visa!

Absolutely it is, although they may not always want to if they've got somone already doing the job competently.
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Old Aug 20th 2015, 7:54 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by Cubiscus
Absolutely it is, although they may not always want to if they've got somone already doing the job competently.
Depends on the cost and likelihood of success. If there is a Canadian who could do the job, this ceases to be an economic decision and one of immigration law.
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Old Aug 20th 2015, 8:21 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by sfraser84
Hi everybody,

My name is Scott and I have been in Canada since Oct 4th 2014 on a 1 year working holiday visa through IEC.

I recently got a job in Edmonton at a pharmaceutical company as a Senior Manufacturing Technician in May. I was hired on a full time contract as I was expecting to get a 2 year extension through IEC but have been placed on waiting list and it doesn't look like i'm going to get it before my expiry of current visa.

I decided to apply for the Express Entry option considering I was already living and working in Canada full time. I also completed my CELPIP-General test. After filling in all the forms I was rejected, thinking it must be a mistake I tried again and it failed. Now I am aware of having my qualifications assessed but is that necessary for GCSE's?

The company I work for also got in touch with their immigration lawyer and they told me they cannot help me as it would be near impossible to get me and LMIA. I am absolutely devastated as I will have to resign from a job I love and leave a country I want to live in!

Please can anybody help? My visa expires October 4th 2015. I manufacture the active pharmaceutical ingredient for life saving cancer, HIV and ebola treatment drugs. Surely Canada should want me to stay?

Best Regards,

Scott
It's a shame you're not on the 2 year IEC Visa, then you'd have longer to pursue your case to stay. As FL posted earlier, the IEC Visa is temporary. It isn't intended as the first step to PR, although sometimes this is what it is used for. No disrespect the job you are doing, but if the employer and their lawyer feel a positive LMIA is unlikely, they're probably right.

If Canada wanted you to stay, the channels are there to be used. Unfortunately though, it appears Canada doesn't (not to say you can't come back in the future).

I don't suppose it was initially your intention to use IEC simply to gain PR status. It's unfortunate but the IEC visa is what it is. I know some on here won't agree with me, but think that if the IEC visa becomes seen as simply a means of gaining PR status without going through the recognised channels, the CIC powers that be are likely to tighten up even more, making it harder for genuine International Experience seekers to enjoy the opportunities offered at present.
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Old Aug 20th 2015, 8:29 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by rivingtonpike
but think that if the IEC visa becomes seen as simply a means of gaining PR status without going through the recognised channels

Nonsense. IEC holders have to go through the same process as everyone else.
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Old Aug 20th 2015, 8:37 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by bc2015
Nonsense. IEC holders have to go through the same process as everyone else.
Eventually perhaps, but to get an IEC Visa in the first place you only have to apply. This gets you into the country, where you can gain Canadian work experience. This will increase your likelihood of a positive LMIA or more points towards your application. I think in that context, the IEC Visa would be a distinct advantage to someone who otherwise may stand no chance of gaining PR status.
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Old Aug 20th 2015, 8:56 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by rivingtonpike
Eventually perhaps
There's no "perhaps" about it, they have to apply for PR the same way as everyone else.

but to get an IEC Visa in the first place you only have to apply. This gets you into the country, where you can gain Canadian work experience. This will increase your likelihood of a positive LMIA or more points towards your application. I think in that context, the IEC Visa would be a distinct advantage to someone who otherwise may stand no chance of gaining PR status.
If you are under 30 and are working in a NOC 0/A/B job and have a degree then you would probably have enough points for an ITA anyway, so why would you bother with IEC if you want to move permanently?

Not doubting that being in the country with a valid permit is an advantage, but even with that, finding a job that can lead to PR can still be tricky because of the temporary nature of the permit and the lack of Canadian experience.
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Old Aug 20th 2015, 9:13 pm
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Default Re: Urgent help needed regarding work visa!

Even if they did want to stay, unless I've missed something, they still have to go through the exact same process as everyone else and same criteria. The only advantage would be potential points gained from a years employment on an open visa.

As an aside why would Canada want to discourage young people who are successful in high skilled (as per the list) occupations in Canada and want to stay and contribute? They're proven commodities.

Originally Posted by bc2015
If you are under 30 and are working in a NOC 0/A/B job and have a degree then you would probably have enough points for an ITA anyway, so why would you bother with IEC if you want to move permanently?
I have all of those, 9s in IELTS and not enough points currently, maybe after a years experience in Canada it's possible.

WHVs are often 'try before you buy' for people that then immigrate permanently the world over. And so it should be.

Last edited by Cubiscus; Aug 20th 2015 at 9:16 pm.
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Old Aug 20th 2015, 9:27 pm
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Default Re: Urgent help needed regarding work visa!

[QUOTE=bc2015;11729011]There's no "perhaps" about it, they have to apply for PR the same way as everyone else.



If you are under 30 and are working in a NOC 0/A/B job and have a degree then you would probably have enough points for an ITA anyway, so why would you bother with IEC if you want to move permanently?

You probably wouldn't. But if you were an Accounts Assistant with no degree and under 30, your only likely chance of gaining PR would be to use the IEC to gain points towards your total score and hopefully a positive LMIA. I just question if that is what the IEC was intended for. If that's the course events take through natural circumstance then so be it. But to use IEC specifically as a means of gaining PR? I don't think historically that was its purpose and I'm sure for many/most even, it is still a great way to see some of the world that would otherwise be impossible.
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Old Aug 20th 2015, 9:35 pm
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Default Re: Urgent help needed regarding work visa!

A young person that's gone to the trouble of moving continents, then is good enough to land a NOC 0/A/B job and keep it for at least a year should be exactly the type of person you'd think would be encouraged to apply for PR.
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Old Aug 20th 2015, 9:36 pm
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Default Re: Urgent help needed regarding work visa!

Originally Posted by christmasoompa
It's possible though, if the OP hurries up and applies, so worth a shot if he's eligible for PR.

OP - what do you score on the CRS? I'm wondering if it would be enough of you only have GCSE's, but with Canadian experience etc you may just scrape by.

But you first have to meet the eligibility requirements for one of the program's covered by EE. PNP won't be an optional you don't have a provincial nomination. For CEC you need a full years Canadian work experience, so from what you've said that wouldn't be applicable either.

So that just leaves FSW. But for that you have to score over 67 to be eligible, and again with just GCSE's I suspect that could be the problem.

If you can let us know what you score both as a FSW and then on the CRS, we can try and help. It may be that as others have mentioned, you've been rejected because you didn't provide an ECA (mandatory), but your points may not be enough anyway so don't rush to get one done before you've made sure you score enough to be eligible as a FSW and to then be selected from the pool.

HTH, good luck.
I'm not sure what points I have but for the CELPIP test I scored 11 for reading and writing, 9 for speaking and 8 for writing.

I also have Canadian family if that raises the score? 10 months experience working in Canada and over 8 years experience in the job sector i'm currently working in here in Canada.
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