Girlfriend's LMO expires September. What should we do? - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Jets4Life · 07-12-2014, 11:26 PM

I am obviously a Canadian citizen. I was born and raised in Canada. My girlfriend has been working in Canada for nearly 2 years. She is here as a TFW. However, her employer has really gave her the runaround, in terms of extending her LMO. She works at a fast food restaurant right now, and first brought up the issue of extending her LMO for another 2 years. Her employer sat on it for months, then informed her it was denied on Monday.

This is taking place in Alberta, where there is a huge shortage of workers in the industry. She is also trying for a caregiver position to stay in Canada. I was wondering how I could help her appeal, or help extend her stay in Canada since we want to live together. How can I help her appeal, or find a new LMO before it expires (September)? Would I need a lawyer? Is there anything I can do to sponsor her, as a Canadian citizen? Please help.

calumniate · 07-12-2014, 11:36 PM

Get down on one knee!

The lawyers here will give some more serious advice. All I can think of is apply for a student visa.. Maybe talk to bow valley college or something of that nature.

Jets4Life · 07-12-2014, 11:49 PM

Quote:

Originally Posted by calumniate

Get down on one knee!

The lawyers here will give some more serious advice. All I can think of is apply for a student visa.. Maybe talk to bow valley college or something of that nature.

Thanks for the advice.

I've thought of that, but she is in the final stages of her divorce in her country of origin (she has been separated for over 3 years), so unfortunately, that is not an option. Maybe I should talk to a lawyer. I did not know that if she enrolled in post-secondary college, she may be able to stay. She has been in Canada since summer 2012.

She has a degree in nursing in her birth country, so she is currently looking for a caregiver position, since the fast food restaurant she works at will not extend her LMO. Hopefully there are several caregiver positions in Calgary, as I am also looking to relocate to the city, as I miss living in Calgary. Guess i just have to cross my fingers for now, and hope for a miracle...

calumniate · 07-12-2014, 11:57 PM

They have a nursing program at bvc that supports international learners. Highly suggest looking into that but I'd do it as soon as possible as their programs fill up for the fall. Good luck :-)

Drury18 · 07-12-2014, 11:58 PM

Quote:

Originally Posted by Jets4Life

She has a degree in nursing in her birth country, so she is currently looking for a caregiver position, since the fast food restaurant she works at will not extend her LMO.

Has she looked into apply as a Federal Skilled Worker? http://www.cic.gc.ca/english/hire/skilled.asp
http://www.cic.gc.ca/english/immigra...s.asp#priority

If she has her nursing degree, a good grasp at the English or French language and one year working experience as a Nurse in the last 10 years, this would be the option I would strongly direct you to look at.

Edit: One STRONG word of warning, as she is still legally married, she is LEGALLY required to have her spouse on any immigration document as well as subject to any background checks. If she has not been legally divorced from her spouse, they are still considered a spouse and so if she applies for any immigration options, the ex will be listed and searched and if he has a sketchy past, she could be denied admittance because of him. Wait until the divorce is final and been a few months before any attempts to immigrate to Canada.

calumniate · 07-13-2014, 12:00 AM

Yeah nurses are a hot commodity in Canada right now and that lmo was obviously not looking at the whole picture. Great advice there

Jets4Life · 07-13-2014, 12:09 AM

Quote:

Originally Posted by calumniate

They have a nursing program at bvc that supports international learners. Highly suggest looking into that but I'd do it as soon as possible as their programs fill up for the fall. Good luck :-)

Thanks.

Is the tuition very expensive for foreign born residents? I can help her as much as possible. I'll have to look into that. Much appreciated.

calumniate · 07-13-2014, 12:16 AM

There are possibilities for immigration grant funding definitely. It's very common to have tuition paid but I don't know the exact ins and outs with it.

Jets4Life · 07-13-2014, 12:22 AM

Quote:

Originally Posted by Drury18

Has she looked into apply as a Federal Skilled Worker? http://www.cic.gc.ca/english/hire/skilled.asp
http://www.cic.gc.ca/english/immigra...s.asp#priority

If she has her nursing degree, a good grasp at the English or French language and one year working experience as a Nurse in the last 10 years, this would be the option I would strongly direct you to look at.

Edit: One STRONG word of warning, as she is still legally married, she is LEGALLY required to have her spouse on any immigration document as well as subject to any background checks. If she has not been legally divorced from her spouse, they are still considered a spouse and so if she applies for any immigration options, the ex will be listed and searched and if he has a sketchy past, she could be denied admittance because of him. Wait until the divorce is final and been a few months before any attempts to immigrate to Canada.

She has a degree, a good grasp of English, and has worked in nursing in her home country within the last 10 years.

I do not believe her ex has any problems with the law. However, she has already filed for divorce, so its just a matter of time before she is granted one.

Thanks a lot for the link. I will be reading it.

Jets4Life · 07-13-2014, 12:37 AM

Just slightly off topic, but I am a little confused, as to why the government would let a foreign worker stay in Canada for 4 or even 5 years, then due to abuses of their employer, have to be sent back home. I mean if you can demonstrate you are hard working, employable, an asset to the country, and a good citizen, should the government not offer these people permanent residency?

I just have this bad feeling that once they send home all the temporary workers, the shortage in the labour force will definitely be more pronounced, especially in the Prairie provinces, and some small businesses will be forced to closed, just like 2005-07. I'm just lucky there was virtually no red tape, when my mothers side of the family came from Ireland in the mid 19th century, during the potato famine to Canada (British North America at the time).

combustiblefuel · 07-13-2014, 01:13 AM

Get her to apply for a citizens test. The marriage thing doesn't fly in Canada anymore. Meaning it not automatically thrown at her just because of marriage anymore. My buddy went into the same thin 4 years ago . He married her in hopes that was enough now after 4 years they let her come back as a citizen. I would get her looking into what sehe can do to get citizenship.

combustiblefuel · 07-13-2014, 01:17 AM

Quote:

Originally Posted by Jets4Life

Just slightly off topic, but I am a little confused, as to why the government would let a foreign worker stay in Canada for 4 or even 5 years, then due to abuses of their employer, have to be sent back home. I mean if you can demonstrate you are hard working, employable, an asset to the country, and a good citizen, should the government not offer these people permanent residency?

I just have this bad feeling that once they send home all the temporary workers, the shortage in the labour force will definitely be more pronounced, especially in the Prairie provinces, and some small businesses will be forced to closed, just like 2005-07. I'm just lucky there was virtually no red tape, when my mothers side of the family came from Ireland in the mid 19th century, during the potato famine to Canada (British North America at the time).

Its because of employers abusing the system. Up until last year you could make out a contract for ppl that would see them less then minimum wage and etc. Last year they passed a bill on the subject requiring all visa workers to be treated as per labour board requirements not just what they want in a contract.

Pizza · 07-13-2014, 01:21 AM

as the other guy mentioned, she needs to sort out her marital status as soon as possible. Having it prolonged would just delay and complicate everything

even if her working visa expires, all is not lost as it doesnt mean she needs to leave Canada immediately. She can still stay here as a visitor, but I believe you'll need to apply for a visitor visa, and fast.

it's obvious that you care for your girlfriend, but you'll have to ask yourself how far you're willing to go to help her. With her staying as a visitor, that obviously means she'll have to mooch off you until she figures things out. Living off you, your roof and your food. That's not necessarily a bad thing as you can make a deal with her that by living off of you, she'll have to do chores around the house. I suggest start with cooking since that's the easiest to transition off of. Then after a month, get her to do all of the cleaning. I dont know about you, but i cant stand cleaning the washroom. But first have her start with something daily like dishes, then the weekly washroom and other chores. Once that routine has been establish, then move onto the sex routine. Establish that you're going through great lengths to support her and cutting back on your favourite things just so she can stay with you in Canada. That will guilt her into agreeing into any kind of sex schedule and freaky acts at your disposal. If that doesnt work, make sure you save Immigration Canada`s hotline on your phone's quick dial and you mean business.

Anyways, i know that was long but I hope that was useful.

Good luck!

Scrambler · 07-13-2014, 02:42 AM

Do what I did... Move to the country she's from... it's better there. Lol, not being serious, except in my case I can say I have really taken to enjoy living in Japan!

Jets4Life · 07-13-2014, 02:46 AM

Quote:

Originally Posted by Scrambler

Do what I did... Move to the country she's from... it's better there. Lol, not being serious, except in my case I can say I have really taken to enjoy living in Japan!

She's from the Philippines. After viewing some photos, I would not mind going there for a visit...

oilyfan · 07-13-2014, 07:29 AM

What she really needs is a work permit, the LMO is just the device to get the work permit. Her best bet would have been to go around other restaurants who have hired TFW's and apply for jobs, the new restaurant would then get her the new work permit. This is only a temporary solution though because she would have to do this again after the new permit expires. And as it stands right now with the changes to program there is only a slim chance an employer is getting a LMO approved for a fast food place.

If she is qualified (and has an interest in children or taking care of seniors) she should try the caregiver route, contact one of the nanny agencies like Preferred Nannies and see if they have anything for her. For now that's a more stable solution.

Jets4Life · 07-13-2014, 07:33 AM

Quote:

Originally Posted by oilyfan

What she really needs is a work permit, the LMO is just the device to get the work permit. Her best bet would have been to go around other restaurants who have hired TFW's and apply for jobs, the new restaurant would then get her the new work permit. This is only a temporary solution though because she would have to do this again after the new permit expires. And as it stands right now with the changes to program there is only a slim chance an employer is getting a LMO approved for a fast food place.

If she is qualified (and has an interest in children or taking care of seniors) she should try the caregiver route, contact one of the nanny agencies like Preferred Nannies and see if they have anything for her. For now that's a more stable solution.

She is trying for that right now. I am helping her, as she does not have a car. My vacation ends in a couple of days so hopefully I can help her as much as possible. She has applied at a few places as a caregiver. She worked in the Nursing field for 10 years in her country.

tvp2003 · 07-13-2014, 07:54 AM

Consult an immigration lawyer. You don't necessarily need one to complete the applications and submit the paperwork, but an initial consult will let you know what your options are, the risks, and what timelines you're looking at.

I can give you some general information, but I've been out of the immigration world for the past 6 months -- of course, many TFW programs have been completely overhauled during that time. For instance, it's not even called an LMO anymore (it's now a LMIA). So a huge caveat on what you're about to read:

First, you can't appeal a decision regarding a rejected LMO or work permit -- you simply reapply. In the case of food services workers, I think the moratorium has since been lifted, but I'm not sure if there are any new conditions. As posted above, the LMO itself is only the vehicle to get a new work permit, which is what she needs to stay in the country (assuming she wants to work; another option is to apply to extend her stay as a visitor but that would be a last resort option -- she legally can't work as a visitor).

I also note the difference between temporary residence (via a work permit, student, or as a visitor) versus permanent residence. She'll need to get the former figured out first (assuming she wants to stay in Canada); the latter will have to be dealt with afterwards; the issue of Canadian citizenship doesn't enter the conversation until after she has become a permanent resident (aka "landed immigrant").

CaramonLS · 07-13-2014, 08:46 AM

Quote:

Originally Posted by Jets4Life

I am obviously a Canadian citizen. I was born and raised in Canada. My girlfriend has been working in Canada for nearly 2 years. She is here as a TFW. However, her employer has really gave her the runaround, in terms of extending her LMO. She works at a fast food restaurant right now, and first brought up the issue of extending her LMO for another 2 years. Her employer sat on it for months, then informed her it was denied on Monday.

This is taking place in Alberta, where there is a huge shortage of workers in the industry. She is also trying for a caregiver position to stay in Canada. I was wondering how I could help her appeal, or help extend her stay in Canada since we want to live together. How can I help her appeal, or find a new LMO before it expires (September)? Would I need a lawyer? Is there anything I can do to sponsor her, as a Canadian citizen? Please help.

Have you been following the immigration changes in the last few months? Every TFW is now being denied in the food services industry extensions on their permits / LMOs because of the moratorium Jason Kenney implemented. Though there were some updates last week.

But in all seriousness, since marriage is not an option, use the study program if you've got the $$$. If she enrolls in a valid education program and is a student, she can get a student visa to study. Tons of colleges take foreign students (Northern Lights in FSJ, Medicine hat College, to name a few, it doesn't have to the UofC).

Permanent residency for low skill TFWs (what she would be labelled as right now because of her job) is out of the question in Alberta, even with her education.

Consult an immigration lawyer as well, they would be in a much better position to offer you some additional options.

getbak · 07-13-2014, 01:15 PM

Quote:

Originally Posted by Jets4Life

Just slightly off topic, but I am a little confused, as to why the government would let a foreign worker stay in Canada for 4 or even 5 years, then due to abuses of their employer, have to be sent back home. I mean if you can demonstrate you are hard working, employable, an asset to the country, and a good citizen, should the government not offer these people permanent residency?

It's the Temporary Foreign Workers program. The whole point of the program is that the people hired are going to return to their homes when they are no longer needed in Canada.

As heartless as it might sound, the TFW program isn't about helping the workers come to Canada or to become Canadians. It's about allowing Canadian companies to fill hard-to-fill job vacancies by temporarily hiring foreign workers.

A key part of the TFW program is that businesses are supposed to have a plan to reduce their reliance on foreign workers and replace the TFWs with permanent Canadians over time.

The TFW program is supposed to be a last-resort temporary solution. Too many businesses were using it as a first-choice long-term solution, so the government had to tighten up the rules.