LMIA Case Study
2. LMIA job requirement, TRV, etc.
Today, I am going to have a second case study about LMIA.
Case 3.
Q.
Sam doesn't have any work experience related to serving in his home country. After came to Canada, he has worked at construction site. But for the work permit, he want to process the LMIA with cook position. Is it possible?
A.
The one thing you must know is there are requirements for every job. For example, if you want to have a closed work permit as a cook, you should have completed the apprenticeship program, or have a diploma or several years of experience. You can check each requirements at the Jobbank website. As a reference, normally I require to clients to have 2 years of related work experience or more to satisfy the 'several years'.
That is to say, if sam didn't take any course related to culinary, it would be hard to expect the approval of work permit. So, I would like to recommend him to enter the college through co-op program for 1 year. At the same time, work as a cook. After a year, he will get 9 months of cook experience and diploma. It becomes more reasonable than before.
To be honest, there are illegal ways to pass it. One of those is 'making false career'. In the perspective of government office, they don't have clear way to check the candidate's work experience. So they just require the reference letter and proof of income to check whether they worked or not and the position with trust on the previous employer. The point is submitting only the reference letter and pray god that 'Please make the officer unthorough and do not check my experience one by one.'
In this way, there are two critical points. First, you must have a relative or a acquitances who can write a false reference for you. It's unrealistic that the officer calls to your recommender, but there's always possibility. Second, if the officer asks you for the income proof, it's certian that you gonna be rejected. The rejection will affect to your later appliance. I've never seen failed cases, but your life is up to this process. Super risky itself.
Case 4.
Q.
Julian have worked in restaurant and he's on implied status as worker now. His TRV already expried a few months ago. However, he wants to visit his home country for break. Will there be any problem?
A.
Before the detailed answer, I will tell you what's TRV. TRV is initial of Temporary Resident Visa. It's kind of pass. You must have it only when you enter to Canada, which means it's not a problem even if it's expired while staying in Canada. At least if you have an valid status document such as work permit, study permit, visitor record, etc.
So, first, since his TRV was already expired, he cannot come back to Canada until his new TRV request approval. It usually takes 5-6 months officially(takes 2-3 months in real). He should take care of it when he goes out.
Second, implied status becomes invalid if you leave Canada. That is to say, if he leaves Canada, he will lose this worker status. For most of the cases of immigration cravers, working continuously is important to keep their life rolling without financial problem. So, losing worker status must be critical.
As a result, Julian should not go to his home country until he gets work permit. The reasons are TRV and implied status.
Additional information)
Visa Waiver Countries - USA
eTA(Electronic Travel Authorization) countries - Canada
You must heard about the power of the Korean passport. Koreans easily travel and visit most of the countries in the world compared to other countries. Visa Waiver Countries of USA and eTA of Canada are the examples. On the other hand, there are a bunch of countires that cannot travel other countries easily like Korea. Thus, they must apply for the visitor visa even if they just want to visit and travel. TRV is the one of it.
