By Atty. Henry Moyal
ELEVEN YEARS OF SAVINGS DOWN THE DRAIN
Q. I’m a worker in Canada. I arrived in Alberta over one year ago but have not been able to find work or earn any money. I was living in Dubai for over ten years earning a modest living. I then heard about a recruiter who promised jobs in Canada. The fee was $10,000 for the placement fee. I saved this amount after working eleven years but I calculated that my promised salary in Canada for one year would cover the amount. It seemed like a sure thing and I was only required to pay once I obtained my visa. I paid the amount but when I arrived to Canada I was picked up by an agent of the employer. After two days I was told that the company in Alberta was having financial problems and that there was no work for me. They suggested that I find a new employer. I have had trouble finding a new job and my work permit is expiring soon. What can I do to stay in Canada?
A. This is a sad story. It is being published for several reasons. One, that others be warned of unscrupulous consultants. Second, as your grandmother once told you “ if it’s too good to be true, it is”. And finally, it is being disseminated due to the utter gall of people who are getting away with such fraud. It is very obvious that the recruiter ripped you off. Not only is the $10,000 an excessive amount but in my opinion it was an elaborate scheme that you would only pay upon issuance of the visa ( to show you that is appears to be genuine) and then once in Canada (when you were already here) to inform you that the company has no work for you. This is an old trick and you must inform Service Canada of the name of the company so they do not obtain further LMIA for others. Unfortunately, eleven years of savings have gone down the drain. Your recourse is now to contact the appropriate authorities and to extend your status.
Q. I applied for permanent residence as a live in caregiver but was refused because my husband was sick. He just passed away. My open work permit was issued two year ago and I recently lost my job at a bakery in Barrie, Ontario. I have no family in Canada but I do not want to leave this country. What options do I have to remain in Canada?
A. I am sorry to hear about your loss and your difficult situation. However, there may be some hope. You have not mentioned if your work permit is still valid. Nevertheless, your options vary. You can renew your work permit (if still valid) and/or you may be able to apply for permanent residence under the new Caring for Children Class. It is important to note that the new category is very different than the live in caregiver program. The new category does not
require that have a work permit in hand and does not even require you to be in Canada.
Q. Can a person apply for an open work permit at the same time as a permanent resident application when applying under the Caring for Children Class?
A. Under the new Caring for Children Class, applicants who are currently working in Canada on a work permit that is due to expire within four months and who have applied for permanent residence are eligible for an open workpermit. However, applicants must wait to apply for an open work permit until after they receive an Acknowledgment of Receipt letter from Canada Immigration to indicate that their application for permanent residence is complete. Once
received, applicants may then apply for an open work permit, as long as they still have valid status on their existing work permit and have paid the appropriate processing fees and Open Work Permit Holder fee. In these cases, applicants would need to maintain their status until the Acknowledgment of Receipt letter from Canada Immigration has been received.
Q. I applied for permanent residence under the express entry system. I have not received the federal invitation to apply but I think I will be selected soon as I have over 400 points. I now just received an email from the Ontario PNP
program saying that I can complete their application within 45 days to get their nomination. Am I required to do that? What happens if I don’t? I am not sure what route to take.
A. As you have learned, the Ontario PNP office searches through the express entry pool for candidates who want to live in Ontario. If your score is over 400 , then Ontario will send you an invitation to apply to their program. THIS IS COMPLETELY DIFFERENT THAT THE FEDERAL PART. If you select to do so, you need to send all documents to them within 45 days and pay the $1500 fee. After about three months, if you are nominated then you will get the extra points which will surely trigger a federal invitation. There is no obligation to reply to Ontario. If you don’t reply and send nothing after 45 days then you still remain in the federal pool.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.The above article is general advice only and is not intended to act as a legal document.Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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