Work experience for EE and LMIA processing time

[rockydirt]

Hi folks,

I have few questions.

1. My work permit is expiring on March 3, 2018. My employer has applied for LMIA around 15 December, 2017 but didn't got a call yet from ESDC. Anyone knows how much time it takes to process LMIA?

2. My current score for EE is 420, with 1 year of work experience in Canada, but with 2 years of work experience (on April 30 will complete 2 years for work experience), my score will reach 445, which is perfect for ongoing draws. I'm in a very weird situation, but will try to handle it by applying Work permit extension, implied status, or restoration period.But still, I want to make an effort to minimize this time and was wondering if I can submit my profile 15 days before the draw to adjust the time for 2 years of work experience and the day I get an ITA should be almost similar?

Thanks.

 

[scylla]

1. It really varies. Could be up to four months.
2. You should be aware that if you apply for a work permit extension without qualifying for one and it's refused, the time you spent working after your work permit expired will be classified as illegal work (no implied status) and you will not be able to use this work towards your EE work experience total. Also, you cannot submit an EE application while out of status in Canada. Make sure you take all of that into consideration.

 

[rockydirt]

1. It really varies. Could be up to four months.
2. You should be aware that if you apply for a work permit extension without qualifying for one and it's refused, the time you spent working after your work permit expired will be classified as illegal work (no implied status) and you will not be able to use this work towards your EE work experience total. Also, you cannot submit an EE application while out of status in Canada. Make sure you take all of that into consideration.

Is work experience on implied status not considered legal?

Since I have already submitted my application for LMIA, will I not be able to apply for work permit extension to retain my status? This will put me on implied status, right?

 

[scylla]

Is work experience on implied status not considered legal?

Since I have already submitted my application for LMIA, will I not be able to apply for work permit extension to retain my status? This will put me on implied status, right?

Yes - you will be on implied status and work on implied status is legal.

HOWEVER... If the LMIA is either refused OR if CIC makes a decision on the work permit extension before the LMIA is approved, CIC will most likely refuse your application as being incomplete (meaning you don't meet the requirements for applying for an extension). When this happens, implied status is lost and you go out of status in Canada as of the day your work permit originally expired. This means that all of your work experience after your work permit expired becomes work experience you gained while out of status. Work experience gained while out of status cannot be counted towards PR.