How can my employer apply for my visa to return to Canada for work? Pls advice..

[Mandus]

Hi, I came to Canada in Nov 2010 as a refugee on grounds of political asylum and I've been working and supporting myself since Oct 2011. And I've been working 6 days a week for Rona since March 2012 till date. I have seen many come and go since I got hired as 80 percent of my job requires being outside for a long time regardless of the weather condition. As a result only two people were able to hold that position for long and I am one of them. My record has been and is still clean till date. I have never been convicted of any crime of any sort since I came to Canada or elsewhere. But my refugee claim was denied on grounds that the Immigration office felt that I can start life afresh in another part of my home country which is different from the part where I fear for my life. I appealed the decision but the appeal was unsuccessful. So now I've been notified by the CBS of intent to remove me and I've voluntarily accepted to leave Canada in order to preserve my record. My question is, can my current employer apply for me to return to Canada and resume work after I leave and if so how? Because my employer has written a letter of attestation on my behalf about my character and work ethics and he wants to know who to address the letter to and how he can apply for me to return ASAP once I'm out. Pls advice, thanks :-[

 

[scylla]

If you want to return to Canada, I think you should be focusing on immigrating here via the federal skilled worker stream or the provincial nominee stream. You will have to research these immigration streams on the CIC web site to see if you qualify to apply.

http://www.cic.gc.ca/english/immigrate/index.asp

I think your chances of returning to Canada on a work permit are extremely low even with the support of your employer. To be approved for a work permit you will have to prove strong ties to your home country and that you have no plans to remain in Canada long term. I don't see how you will be able to prove this as a failed refugee claimant. If you still want to try to return to Canada on a work permit, then as a first step, your employer will have to obtain an approved LMO (labour market opinion) and then you will have to apply for a work permit. As part of the LMO process, your employer will have to prove they advertised the job and were unable to find a Canadian to hire for the role. More information below. It's not a simple letter. The process is far more involved than that.

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

 

[Mandus]

Thanks Scylla for shedding some light on this issue of mine. I really appreciate the fast response. I guess I will have to prove that I do not intend to stay in Canada permanently. And that's part of the reason why I've decided to leave voluntarily so that the immigration board can see that I will always abide by the law or leave when ever I'm required to. Really I'd love to come and work all through summer of each year and then leave during the winter if possible.

 

[scylla]

The first challenge / barrier will be for Rona to advertise the job (yes - they have to do this again) and prove there were no qualified Canadians who applied. Based on the information you've provided, I think it may be difficult to convince CIC that no Canadians can be found to fill the role.

The fact you left voluntarily won't be regarded as a strong tie to your home country. You'll need to show evidence such as: property owned, employment, business owned/run, school enrollment, immediately family (spouse, children) left behind in home country, etc.

 

[Pippin]

As he has worked for a year couldn't he apply through Canadian Experience Class? I saw that he has worked at Rona since March, and I don't know when employment will cease, but could the difference between the dates be taken as holiday time owing?

 

[GinnyPi]

What is the nature of the OP's employment? S/he may not qualify for FSW and/or CEC.

I would suggest looking into applying for a temporary resident permit. This is from IP 1:

A temporary resident permit (TRP) is a discretionary document that may be issued to inadmissible persons or persons reported or who may be reported for violation of the Immigration and Refugee Protection Act allowing them to come into or remain in Canada, where justified by exceptional circumstances.

In your case, I suppose you're not inadmissible, but are currently in violation of the IRPA if your are facing deportation.
It's not easy to get a TRP, but I would say that it's worth a try. Here's the link to IP 1: ww.cic.gc.ca/english/resources/manuals/ip/ip01-eng.pdf (add a "w" at the beginning, I'm not allowed to post links yet)

They weigh the person's need to stay in Canada against any health or security risks, so if you have a clean record here and back home, and don't have any serious health conditions, you may have a chance.

Opinions anyone?

 

[Leon]

Right, the Rona job is only good for CEC if it was a skilled job. For Rona to apply for an LMO for the job and for Mandus to apply for a work permit based on that LMO is a possibility but question if immigration will think s/he will overstay in Canada because of the prior refugee claim. Besides, if it is a low skill job, getting a work permit for it is not a way to immigrate. Some provinces PNP's have some leeway for low skilled to apply for PR through employer but it tends to be only people in certain occupations that they have a particular need for.

 

[Mandus]

Thanks a lot guys for all the response. I appreciate it. At this point it looks like my best option is to apply for TRP once I've left the country. It really breaks my heart that I'm leaving cos I've lived a very peaceful, progressive life since I came to Canada. I was totally homeless and I only had $200 in my wallet, a laptop and a few clothing when I came here. But today I have a fully insured vehicle, been able to pay my rent plus numerous other bills independently. So I basically rebuilt my life from scratch through hard work. And I have integrated quite well into the Canadian way of life. But now I have to auction off most of my belongings and give up all that I've achieved & worked for. It's quite painful..... :'(

 

[scylla]

TRPs are difficult to get. You need to demonstrate why there is a strong need for you to be allowed into Canada. Strong needs are things like: terminally ill parent in Canada, young children in Canada, etc. I think it's unlikely a TRP will be approved in your case unfortunately.

You can certainly give it a shot. But make sure you have a plan B.

Good luck.

 

[Mandus]

Thanks Scylla, I'll certainly put all options on the table.

 

[blendaalexa]

Forward my new number

To CIC,

I called the CIC immigration regarding for my working permit...the agent told me that it is already forwarded to the local CIC office Edmonton..Im just only give my new number in order that you can be able to access me.. My old number is not working anymore. Heres my number 76807162409...My documents was forwarded Last January 15,2013...


thank you....

 

[scylla]

Re: Forward my new number

To CIC,

I called the CIC immigration regarding for my working permit...the agent told me that it is already forwarded to the local CIC office Edmonton..Im just only give my new number in order that you can be able to access me.. My old number is not working anymore. Heres my number 76807162409...My documents was forwarded Last January 15,2013...


thank you....

This is a public forum. CIC does not read the messages here. You will need to contact CIC if you want to change your phone number.