Tuesday, 15 April 2014

Latest visa trauma!!

As far as I can tell (which is difficult, based on contradictory advice provided), I have three fundamental problems.

1) I was refused a work permit on the basis that I need a Labour Market Opinion (LMO). I can apply for a work visa now without an LMO, providing my place of work can provide evidence that they are in the process of applying for it - ie an application form etc. Whilst the LMO is being processed, I am able to work for up to 2 months, after which I am unable to work. My question here is: If I obtain an LMO, do I still need to apply for a permanent residency visa, or would I be able to continue to remain and work in this country without one? Up until I obtain an LMO, but am allowed the two months to continue to work, would I be able to remain in that country without having applied for permanent residency? These are important questions because:

2) My permanent residency visa application is missing still! I was told that I should have sent it to Mississauga, but then elsewhere I was told that I was fine to have sent it to Vegreville, because Mississauga is the case processing centre for external applicants and I am an internal applicant. I have been onto my MP about this issue, who is exploring that for me. Where is it? Who is right? I need it to be found, but I am making steps to begin the lengthy procedure to reapply, which is tough because:

3) I have been told that simply applying for a permanent residency visa does not automatically mean I can legally stay here. Apparently I would also need to apply for an open work permit at the same time and it is the open work permit that would allow me to stay. That would be approved/refused at the same time as my permanent residency visa - in 9 months (approx). In the meantime, I would be able to continue to work here because I would have 'implied status'. This is all providing that I have managed to send it in at least one month before the end of my current visa, which was 2 days ago. Equally, when I checked the email with info re: 'implied status', you are only allowed this status if you are applying for the same type of visa you had previously, which I am not.

My head is spinning and I don't know what is happening, who to contact etc.

WHAT IS GOING ON?!?!?

At this point, it feels as if I do need to prepare myself for the fact that in our and a half weeks I will a) be unemployed and b) have to go home, which would mean being apart from Luke for another 11 months, which is the processing time for the sponsorship visa in England.

GAHHHHHHHH!!!!!!!!!!!!!!
Yup: This is what I feel is happening to me right now!

6 comments:

  1. anexactinglife15 April 2014 18:11

    We chose to live apart in our own countries while applying, to make it go as fast as possible. It was difficult, but it worked, so I would not rule out that strategy.

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  2. I wish I could help but I'm as confused as you :-( I applied from outside Canada (even though I was physically in Canada) so my case was a bit different. Wouldn't it be faster for you to apply from outside Canada? Yes, it means you can't work in Canada while it's being processed, but if (since?) your work permit was denied, it may be a smart move.

    Any chance you could apply for a working holiday visa??

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  3. Milam Tourbez18 April 2014 07:10

    I'm so sorry to hear it's been this tough. It makes my own French experience sound like a cake walk. please hang in there. if your love has gotten you together, it can hopefully keep you together.

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  4. Yeah, we aren't ruling it out, hard a thought as it is! It would be the easiest way, in many ways x

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  5. It would be a little faster, but not overwhelmingly. It is an 11 month processing time outside of Canada and 16 months inside. I am hoping that the Labour Market Opinion is now going to get me through it all as that will mean I can stay here longer???I had no idea that applying for a permanent residency by itself would not guarantee that I could stay here without a work permit. The holiday visas have all ran out :(

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  6. That's what we keep hoping! I just feel like we are together now and I don't want anything to get in the way of that again!

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