LMO (last resort)

Jimmmy McNulty

Hi all,

I have been living in Toronto for the last 21 months or so. I was under the impression that I had a 1 year IEC visa available to me as I have only used the first one so far but this changed with the new ruling that you have to have lived in Ireland for 18 months of the last 3 years! I don't see too much chatter about this on here but I assume I am correct in that I can't go for the IEC visa now unless I go home for a while.

I am working here and really like my job for probably the first time ever so I don't want to be chucked out of the country in April when my visa expires.

I sent off an application for an LMO on Tuesday which I think is cutting it pretty tight in terms of time. Has anyone else had to do this as a result of the new ruling?

Is anyone else currently in this process or have you recently completed this process? I am curious to hear your experiences and what your wait time was..

Also, I could answer any questions on how I found it.

Thanks!

token101

Jimmmy McNulty wrote: »

Hi all,

I have been living in Toronto for the last 21 months or so. I was under the impression that I had a 1 year IEC visa available to me as I have only used the first one so far but this changed with the new ruling that you have to have lived in Ireland for 18 months of the last 3 years! I don't see too much chatter about this on here but I assume I am correct in that I can't go for the IEC visa now unless I go home for a while.

I am working here and really like my job for probably the first time ever so I don't want to be chucked out of the country in April when my visa expires.

I sent off an application for an LMO on Tuesday which I think is cutting it pretty tight in terms of time. Has anyone else had to do this as a result of the new ruling?

Is anyone else currently in this process or have you recently completed this process? I am curious to hear your experiences and what your wait time was..

Also, I could answer any questions on how I found it.

Thanks!

Hi,

Is the process for the LMO (forms, etc) difficult? Does your employer have to back you up in your application or can you just make the application on your own? Does it cost much to you both? Do you mind if I ask what kind of work you do? I've heard that for engineers/trades/IT it is a bit easier than for certain professions like marketing, which is what I'm kind of hoping to get work in, and that sort of thing.

Thanks in advance, and best of luck with it anyway!

Jimmmy McNulty

It's not too difficult but takes some time. You need the support of your employer and you will need to advertise your position for 14 days on the Job Bank website (at least).

The cost depends on if you hire somebody to do it for you or not. A friend of mine is a lawyer so they did the work on it for me thankfully which saved my employer/me forking out. There may be a fee in the end if I get a visa.

I'm an accountant so I'm not too sought after in Canada. Some professions are more in demand as you say. You should find the NOC code for your job and it will give you an idea on the government website as to what your prospects are like. Mine were said to be 'Fair'..

token101 wrote: »

Hi,

Is the process for the LMO (forms, etc) difficult? Does your employer have to back you up in your application or can you just make the application on your own? Does it cost much to you both? Do you mind if I ask what kind of work you do? I've heard that for engineers/trades/IT it is a bit easier than for certain professions like marketing, which is what I'm kind of hoping to get work in, and that sort of thing.

Thanks in advance, and best of luck with it anyway!

token101

Jimmmy McNulty wrote: »

It's not too difficult but takes some time. You need the support of your employer and you will need to advertise your position for 14 days on the Job Bank website (at least).

The cost depends on if you hire somebody to do it for you or not. A friend of mine is a lawyer so they did the work on it for me thankfully which saved my employer/me forking out. There may be a fee in the end if I get a visa.

I'm an accountant so I'm not too sought after in Canada. Some professions are more in demand as you say. You should find the NOC code for your job and it will give you an idea on the government website as to what your prospects are like. Mine were said to be 'Fair'..

That doesn't seem too bad, thanks for that NOC tip. Hoepfully you'll get it anyway sure. Did they give any estimation on the timeframe? 2-3 months?

Jimmmy McNulty

token101 wrote: »

That doesn't seem too bad, thanks for that NOC tip. Hoepfully you'll get it anyway sure. Did they give any estimation on the timeframe? 2-3 months?

It wasn't the worst but I had to write up a few letters and things for it. I would have found it tricky on my own to do it as you need to answer certain things specifically. They do provide a guide on how to answer the questions correctly also.

I don't have a time frame which is what worries me. I have heard times from 3weeks to 20 weeks plus! It really depends on the the influx of applications at any one time as far as I can see. I have allowed myself in or around the 3 month mark so I have a decent shot I hope. No guarantee they will issue a positive LMO at the end of it all! Out of my hands now

fat__tony

Jimmmy McNulty wrote: »

Hi all,

I have been living in Toronto for the last 21 months or so. I was under the impression that I had a 1 year IEC visa available to me as I have only used the first one so far but this changed with the new ruling that you have to have lived in Ireland for 18 months of the last 3 years! I don't see too much chatter about this on here but I assume I am correct in that I can't go for the IEC visa now unless I go home for a while.

I am working here and really like my job for probably the first time ever so I don't want to be chucked out of the country in April when my visa expires.

I sent off an application for an LMO on Tuesday which I think is cutting it pretty tight in terms of time. Has anyone else had to do this as a result of the new ruling?

Is anyone else currently in this process or have you recently completed this process? I am curious to hear your experiences and what your wait time was..

Also, I could answer any questions on how I found it.

Thanks!

Jimmy

Has your job already been advertised for the 14 days? If yes, then you can prepare to submit your application. As long as you submit the documentation before the date of your visa expires then you'll be fine. You'll be under 'Implied Status' after this date but you cannot leave the country or else you'll forgoe this status.

Mine was submitted on 23rd October 2011 and Im still waiting. I won't get a decision until the first week of February. Its a disgraceful amount of time to have to wait to be honest.

Jimmmy McNulty

fat__tony wrote: »

Jimmy

Has your job already been advertised for the 14 days? If yes, then you can prepare to submit your application. As long as you submit the documentation before the date of your visa expires then you'll be fine. You'll be under 'Implied Status' after this date but you cannot leave the country or else you'll forgoe this status.

Mine was submitted on 23rd October 2011 and Im still waiting. I won't get a decision until the first week of February. Its a disgraceful amount of time to have to wait to be honest.

Yes, I have submitted my application and it was confirmed as delivered yesterday morning. My immigration specialist says I can't get 'Implied Status' under the IEC visa. Why do you think this is possible? Have you any links to sources that can confirm your view at all? I would love if I.S was a possibility for me but he insisted it wasn't.

You have been waiting forever and a day for an answer on it! If I have to wait a similar amount of time, I will be in a bit of bother when my visa expires.. Thanks!

Jimmmy McNulty

Also, are you currently on Implied Status? When does/did your visa expire? Is it an IEC Working Holiday visa?

Cheers!

C@non

thats what i heard as well when you apply for an LMO you receive implied status.. i dont think it matters about having an IEC visa because when i phoned up months ago to find out what the rules were to extend this they said you either re apply or apply for an LMO and you will be able to keep working until an answer is given.

retalivity

Jimmmy McNulty wrote: »

I have been living in Toronto for the last 21 months or so. I was under the impression that I had a 1 year IEC visa available to me as I have only used the first one so far but this changed with the new ruling that you have to have lived in Ireland for 18 months of the last 3 years! I don't see too much chatter about this on here but I assume I am correct in that I can't go for the IEC visa now unless I go home for a while.

Dont hold me to it, but I am under the impression that this will not be rigorously enforced, in that its used to filter out bogus applicants.
I am the same as yourself, only lived in ireland for 11 months out of the past 3 years, but I have been assured that this will not cause my visa to be rejected. So I applied for the IEC anyway, but im also looking at other options as well in case that doesnt happen.

Jimmmy McNulty

C@non wrote: »

thats what i heard as well when you apply for an LMO you receive implied status.. i dont think it matters about having an IEC visa because when i phoned up months ago to find out what the rules were to extend this they said you either re apply or apply for an LMO and you will be able to keep working until an answer is given.

Have you or do you know of anyone who has received implied status while waiting on the LMO? I'm worried about listening to hear say when I have a professional telling me I must at least switch to a tourist visa when my visa expires. He said if I continue to work I will be judged to have over stayed my welcome.

It would make my life so much easier if Implied status was available though! Who did you call on the matter a few months ago?

Thanks!

C@non

I do but not from the IEC visa.
In the letter of introduction email there is a phone number, if you phone that number up and give them your client id number they can tell you exactly what your options are!

fat__tony

Jimmmy McNulty wrote: »

Also, are you currently on Implied Status? When does/did your visa expire? Is it an IEC Working Holiday visa?

Cheers!

Jimmy

To answer your first question, that is not true as I came over on a USIT visa in November 2010. The IEC visa is identical.

My previous visa expired on 14th November 2011 so I've been under Implied Status since then.

Jimmmy McNulty

retalivity wrote: »

Dont hold me to it, but I am under the impression that this will not be rigorously enforced, in that its used to filter out bogus applicants.
I am the same as yourself, only lived in ireland for 11 months out of the past 3 years, but I have been assured that this will not cause my visa to be rejected. So I applied for the IEC anyway, but im also looking at other options as well in case that doesnt happen.

When I e-mailed the IEC directly they told me I could not apply as I no longer met the requirements of the visa. Who assured you this would not cause your visa to be rejected? I will apply for the IEC visa as well if I think I have a shot!

retalivity

somebody close to the embassy in London...

I was bricking it too when i realised that stipulation was in, but after talking to a few people, i decided to apply anyway & feel more confident now that it will not be rejected.

Jimmmy McNulty

fat__tony wrote: »

Jimmy

To answer your first question, that is not true as I came over on a USIT visa in November 2010. The IEC visa is identical.

My previous visa expired on 14th November 2011 so I've been under Implied Status since then.

Did you apply for your 'Implied Status' or do you just believe 'Implied Status' automatically kicks in as a result of having an LMO application being processed? Cheers

Jimmmy McNulty

retalivity wrote: »

somebody close to the embassy in London...

I was bricking it too when i realised that stipulation was in, but after talking to a few people, i decided to apply anyway & feel more confident now that it will not be rejected.

Sounds good! Will look into it as another option. I intend to apply for PR down the line so I don't want to be in a situation where I have to disclose that I was previously rejected for a visa when I am making my application.

Jimmmy McNulty

http://britishexpats.com/forum/showthread.php?t=742258

Worth a read.

Colmfatcamp

Interesting, but I feel like this 18 month thing is a new stipulation (can't remember it on last years application) and so might be a particular sticking point this year whereas last year it was not relevant. I don't think we'll know until we start getting feedback from people who have applied and stayed longer than the 18 months. It is promising to read things like this but unfortunately I find it hard to believe that the they'll overlook such a thing!

Jimmmy McNulty

Colmfatcamp wrote: »

Interesting, but I feel like this 18 month thing is a new stipulation (can't remember it on last years application) and so might be a particular sticking point this year whereas last year it was not relevant. I don't think we'll know until we start getting feedback from people who have applied and stayed longer than the 18 months. It is promising to read things like this but unfortunately I find it hard to believe that the they'll overlook such a thing!

Yeah it's a new thing this year I believe. The IEC visa itself was new in 2011 also. I'd be surprised if they just ignore the rule they brought in to be honest. I have e-mailed them and they have told me they will reject me if I submit an application as I am outside of Ireland for more than 18 months. I will keep a close eye on the developments of other applications as you rightly point out. That will be the key for me when it comes to deciding whether to apply or not.

Colmfatcamp

Well I'll be somewhat of a prototype for you anyway, although I'll be on the brink of 18 months so depends on which way they look at it. I do know a couple of people who have applied regardless though, so I'll let you know how that goes.

Jimmmy McNulty

Colmfatcamp wrote: »

Well I'll be somewhat of a prototype for you anyway, although I'll be on the brink of 18 months so depends on which way they look at it. I do know a couple of people who have applied regardless though, so I'll let you know how that goes.

Great, I'd apprecaite that! Thanks

orgaz

Jimmmy McNulty wrote: »

Great, I'd apprecaite that! Thanks

Where on the IEC does it say about the 18months?????? :eek:

I read the Eligibility Criteria for the Working Holiday Category and I cant seem to find where it states that, all I can find is (be a citizen of Ireland and be able to demonstrate habitual residency (physically living) in Ireland for a minimum of three years directly prior to your application to the IEC)

Any help would be greatly appreciated as I too think I am now in the same boat as you

Jimmmy McNulty

orgaz wrote: »

Where on the IEC does it say about the 18months?????? :eek:

I read the Eligibility Criteria for the Working Holiday Category and I cant seem to find where it states that, all I can find is (be a citizen of Ireland and be able to demonstrate habitual residency (physically living) in Ireland for a minimum of three years directly prior to your application to the IEC)

Any help would be greatly appreciated as I too think I am now in the same boat as you

You left this key part out:

An exception can be made if the candidate has temporarily resided in a foreign country for studies or short-term work, but the time spent outside Ireland must not exceed 18 months cumulative over the three previous years.

Come aboard! Plenty of space unfortunately!

orgaz

Jimmmy McNulty wrote: »

You left this key part out:

An exception can be made if the candidate has temporarily resided in a foreign country for studies or short-term work, but the time spent outside Ireland must not exceed 18 months cumulative over the three previous years.

Come aboard! Plenty of space unfortunately!

They are ridiculous!!! I just read that bit in the FAQ (when you scroll half way down the bloody page!!) I initially only read the Eligibility Criteria on the IEC Website page (where you would expect all the information to be)

I think these are tests they set out for us on purpose :cool:

Well keep us Posted McNulty!! LMO maybe my route aswell however I didnt particularly want to be tied to one specific Employer... Ahwell!!!

Hannah2011

Well I feel like I could write a book on 'implied status'!! I sent my LMO off in August of 2009 thinking I was soooo early as my visa didn't expire until Dec 28th. There were a few hiccups as we did all the work ourselves so it was returned as incomplete first time, anyway - coming up to Christmas and starting to panic, I rang the embassy and was told I would move onto this 'implied status' but could not leave the country or it was game over. Follow on a very stressful few months and in February my LMO came back positive, so I had to leave the country and come back in to get my passport stamped. as I was living in Vancouver, I crossed over the border to Seattle and had a very stressful 24 hours where the Americans wouldn't give me a visa either...they granted me a 24 hours visa, coming back over the border, apparently they are not in favour of giving the visa at the border because they aren't really immigration specialists, but I got the visa! pheww...a one year work permit. Following year, dreading all the rigmarole again - I apply for another work permit in Toronto on my way home after Christmas - boom - 3 year work permit given no questions asked! I don't know what the difference was...
Anyway, I subsequently decided to come home before my work permit was up...

But - what I would say is - if your LMO application is in before your working holiday visa is up, you are on implied status and are completely fine. They even say you can cross the border to the States, although I was too nervous to do that. I always maintained after this, that there is no stress like visa stress!! but best of luck!!

supernova84

What line of work were you in Hannah? Not tempted to stay in Canada?

fat__tony

Hannah2011 wrote: »

Well I feel like I could write a book on 'implied status'!! I sent my LMO off in August of 2009 thinking I was soooo early as my visa didn't expire until Dec 28th. There were a few hiccups as we did all the work ourselves so it was returned as incomplete first time, anyway - coming up to Christmas and starting to panic, I rang the embassy and was told I would move onto this 'implied status' but could not leave the country or it was game over. Follow on a very stressful few months and in February my LMO came back positive, so I had to leave the country and come back in to get my passport stamped. as I was living in Vancouver, I crossed over the border to Seattle and had a very stressful 24 hours where the Americans wouldn't give me a visa either...they granted me a 24 hours visa, coming back over the border, apparently they are not in favour of giving the visa at the border because they aren't really immigration specialists, but I got the visa! pheww...a one year work permit. Following year, dreading all the rigmarole again - I apply for another work permit in Toronto on my way home after Christmas - boom - 3 year work permit given no questions asked! I don't know what the difference was...
Anyway, I subsequently decided to come home before my work permit was up...

But - what I would say is - if your LMO application is in before your working holiday visa is up, you are on implied status and are completely fine. They even say you can cross the border to the States, although I was too nervous to do that. I always maintained after this, that there is no stress like visa stress!! but best of luck!!

All that stress you went through and you didn't try for permanent residency? Seems like a missed opportunity in my opinion.

Hannah2011

i worked as an accountant - yeah I did think about the permanent residency but my situation changed back in Ireland and I needed to come back so just wasn't something I was interested in.

Jimmmy McNulty

Hannah2011 wrote: »

Well I feel like I could write a book on 'implied status'!! I sent my LMO off in August of 2009 thinking I was soooo early as my visa didn't expire until Dec 28th. There were a few hiccups as we did all the work ourselves so it was returned as incomplete first time, anyway - coming up to Christmas and starting to panic, I rang the embassy and was told I would move onto this 'implied status' but could not leave the country or it was game over. Follow on a very stressful few months and in February my LMO came back positive, so I had to leave the country and come back in to get my passport stamped. as I was living in Vancouver, I crossed over the border to Seattle and had a very stressful 24 hours where the Americans wouldn't give me a visa either...they granted me a 24 hours visa, coming back over the border, apparently they are not in favour of giving the visa at the border because they aren't really immigration specialists, but I got the visa! pheww...a one year work permit. Following year, dreading all the rigmarole again - I apply for another work permit in Toronto on my way home after Christmas - boom - 3 year work permit given no questions asked! I don't know what the difference was...
Anyway, I subsequently decided to come home before my work permit was up...

But - what I would say is - if your LMO application is in before your working holiday visa is up, you are on implied status and are completely fine. They even say you can cross the border to the States, although I was too nervous to do that. I always maintained after this, that there is no stress like visa stress!! but best of luck!!

Hey,

Thanks for sharing that with us! I'm an accountant myself so it's interesting to me. I have applied for 3 years on my LMO application. I was told that there can be no implied status on a working holiday visa though. I wonder did you get implied status as a result of it being a few years back and the rules might have been different..

I find the whole thing pretty stressful and hope it will work out in the coming months!!

ibh

Jimmmy McNulty wrote: »

Hey,

Thanks for sharing that with us! I'm an accountant myself so it's interesting to me. I have applied for 3 years on my LMO application. I was told that there can be no implied status on a working holiday visa though. I wonder did you get implied status as a result of it being a few years back and the rules might have been different..

I find the whole thing pretty stressful and hope it will work out in the coming months!!

There is no reason why you can't get 'Implied Status'. It is a bridging period to allow your Work Permit to be processed and it doesn't matter if you are currently on the IEC visa.

When you apply for the Temporary Work Permit you submit your LMO as part of the application. It doesn't even have to be an approved LMO at that point - it can just be an LMO application number. If you do not have an approved LMO you send off the application for the TWP and you can forward your successful LMO whenever it comes through.

The Implied Status begins when your application for TWP has been received. They will confirm receipt of this but then it could take a few months before they get around to opening / processing your application. As long as your successful LMO is sent in before they start processing, you are all good.

Then when your TWP gets approved you do a border trip and when you're coming back in it will be processed. I took a copy of my LMO and a letter for employer etc with me but I didn't need any of it at the border. It all went smooth.