My current work permit may expire until I will get the new one. Details below.

[Sheyenne]

Hello.

I would have some question, maybe one of you can help me.
Me and my Partner we live in Canada more than 2 years from now. We lived in Quebed, and moved to BC recently.

Until this point I was the one who had an employer specific work permit, and Partner had an open one, we did the extension last year once, so I know how the implied status works, but that time it was not a big problem because we did not change employer. Our current work permit will expire in 13 of April in 2021.
But our situation has changed recently, because Partner got a new job offer, and we moved from Montreal to Vancouver, where he started to work in the new position with his open work permit, and I resigned my job in quebec to follow him. So at the moment I cannot even work, because my work permit ties me to my former employer obviously. The new company promised us a new work permit, and probably I will get an open one when they issue our case.

BUT! The problem is: Last year when we issued the work permit extensions, I decided to be aware more for the deadlines to avoid implied status, so now I was very relaxed, because in my best knowledge (based on last time) the earliest date when you can apply for a new work permit is 120 days before than you original work permit expires, and the processing time is 90 days. So in our case the earliest apply date would be 13th of December. So we initiated the process but the Company works with a third party lawyer which slows down a bit the whole process, and I checked the application process time, and I haven`t counted the COVID impact, so the system says the processing time is 118 days now. Which means that no matter what, we are already too late, and we will slip out our current WP expiry date.

The CIC website says: "If you applied for another work permit: You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until we decide on your application." My concern is that as we changed our jobs, and Partner`s open work permit was tied to my employer specific permit, we can still get the implied status? And if we will slip out the deadline, every condition remain the same, even though I am not working for the employer anymore who issued my WP?
And the other question: in February we would start the PR process here under the BC PNP Techpilot, and I am not sure the implied status would not jeoparize our application process. What do you think?

Any help is welcomed, thank you!

 

[scylla]

Hello.

I would have some question, maybe one of you can help me.
Me and my Partner we live in Canada more than 2 years from now. We lived in Quebed, and moved to BC recently.

Until this point I was the one who had an employer specific work permit, and Partner had an open one, we did the extension last year once, so I know how the implied status works, but that time it was not a big problem because we did not change employer. Our current work permit will expire in 13 of April in 2021.
But our situation has changed recently, because Partner got a new job offer, and we moved from Montreal to Vancouver, where he started to work in the new position with his open work permit, and I resigned my job in quebec to follow him. So at the moment I cannot even work, because my work permit ties me to my former employer obviously. The new company promised us a new work permit, and probably I will get an open one when they issue our case.

BUT! The problem is: Last year when we issued the work permit extensions, I decided to be aware more for the deadlines to avoid implied status, so now I was very relaxed, because in my best knowledge (based on last time) the earliest date when you can apply for a new work permit is 120 days before than you original work permit expires, and the processing time is 90 days. So in our case the earliest apply date would be 13th of December. So we initiated the process but the Company works with a third party lawyer which slows down a bit the whole process, and I checked the application process time, and I haven`t counted the COVID impact, so the system says the processing time is 118 days now. Which means that no matter what, we are already too late, and we will slip out our current WP expiry date.

The CIC website says: "If you applied for another work permit: You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until we decide on your application." My concern is that as we changed our jobs, and Partner`s open work permit was tied to my employer specific permit, we can still get the implied status? And if we will slip out the deadline, every condition remain the same, even though I am not working for the employer anymore who issued my WP?
And the other question: in February we would start the PR process here under the BC PNP Techpilot, and I am not sure the implied status would not jeoparize our application process. What do you think?

Any help is welcomed, thank you!

Both of you have implied status. However given you are no longer working for your employer, there's a very good chance your extension will be refused which will mean your partner's OWP extension will be refused as well. If your extensions are refused, you'll both end up in Canada without status and will need to stop working immediately (and apply to restore your status if you want to remain in Canada).

You'll need to research how this will impact the BC PNP Techpilot application.

 

[Sheyenne]

Yeah but the new work permit will be different: My partner will get a tied work permit for his new employer, and I will get an open one in the right of his WP, so in this situation this won`t be a work permit extension, it will be a brand new work permit with other conditions for both of us.

That is why I am confused because if we would extend our original WP-s, with no difference it wouldn`t work obviously. But like I said its not an extension.

 

[scylla]

Yeah but the new work permit will be different: My partner will get a tied work permit for his new employer, and I will get an open one in the right of his WP, so in this situation this won`t be a work permit extension, it will be a brand new work permit with other conditions for both of us.

That is why I am confused because if we would extend our original WP-s, with no difference it wouldn`t work obviously. But like I said its not an extension.

Got it. I understood differently based on how I read your original post.

Has your partner's employer already obtained an approved LMIA or are they in the process of doing so?

 

[Sheyenne]

No worries probably I was the one who did not described it wery well, I am sorry.
We initiated the process today, and the company promised that they will get back to us next week. Probably they haven`t start anything yet. He started to work with the open work permit what he had about three weeks ago. And since we were thinking that its still very early, but better safe than sorry we started to follow them up about the process. Thats when it turned otu that we are not even early, more already late to start the process.
So probably no LMIA yet. It makes the process longer right?

 

[scylla]

No worries probably I was the one who did not described it wery well, I am sorry.
We initiated the process today, and the company promised that they will get back to us next week. Probably they haven`t start anything yet. He started to work with the open work permit what he had about three weeks ago. And since we were thinking that its still very early, but better safe than sorry we started to follow them up about the process. Thats when it turned otu that we are not even early, more already late to start the process.
So probably no LMIA yet. It makes the process longer right?

The LMIA process can easily take six months to complete so this is why it's important the employer start now. Employer will need to start by advertising the job for at least a month following the LMIA advertising guidelines to prove no Canadian could be found for the role.

 

[Sheyenne]

The LMIA process can easily take six months to complete so this is why it's important the employer start now. Employer will need to start by advertising the job for at least a month following the LMIA advertising guidelines to prove no Canadian could be found for the role.

I see. What it means to me that if they will start next week at the latest we will be still on implied status at least a month of two after... Anyways LMIA won`t be a problem for us I think, we work in a profession where companies hire hundreds of foreign workers, so this is a usual procedure for most of them. Only what I did not know that the processing time is so long...

I called the Immigration Canada where I talked with an agent, who said, as long as we make sure to apply for the new work permit at least 30 days before the current one expires - with this we protect our status here - we can stay on an implied status and continue work and live under the same conditions like our current work permit. And THEORETICALLY this should be a proof also in the PR procedure too...

 

[Sheyenne]

Ahh, another thing (I am sorry if I ask a lot): I started to read after LMIA process and if I understand well, the company ALREADY starts to issue with the LMIA, WHEN they advertise the position right? So probably if they adverted this position, and with the feact, that they were willing to hire a foreigner, there is a possibility that the LMIA was already approved for the position itself, and not issue it one by one when they hire somebody?
Its more like a brainstorming for me now, because I think we will be more wise once the immigration lawyer reach us back next week, but in this case if I am correct, there is a possibility that they already had the "green light" when they hired my Partner. Because I remember after the interview it took almost 4 weeks waiting time, when they said they are willing to hire him just they need to wait for certain approvals. If I am correct maybe it won`t be a problem.

Thank you for your answer btw, and any other wise though you have I welcome it!

 

[scylla]

Ahh, another thing (I am sorry if I ask a lot): I started to read after LMIA process and if I understand well, the company ALREADY starts to issue with the LMIA, WHEN they advertise the position right? So probably if they adverted this position, and with the feact, that they were willing to hire a foreigner, there is a possibility that the LMIA was already approved for the position itself, and not issue it one by one when they hire somebody?
Its more like a brainstorming for me now, because I think we will be more wise once the immigration lawyer reach us back next week, but in this case if I am correct, there is a possibility that they already had the "green light" when they hired my Partner. Because I remember after the interview it took almost 4 weeks waiting time, when they said they are willing to hire him just they need to wait for certain approvals. If I am correct maybe it won`t be a problem.

Thank you for your answer btw, and any other wise though you have I welcome it!

You need to ask the company.

LMIAs are issued one by one.

You have to advertise first and then apply for the LMIA after advertising the job.

Again, you really need to ask the company. No LMIA was required to hire your partner since your partner was on an open work permit. So my guess is that they don't have an approved LMIA. But I could be wrong and you need to have this conversation with them.

 

[scylla]

Ahh, another thing (I am sorry if I ask a lot): I started to read after LMIA process and if I understand well, the company ALREADY starts to issue with the LMIA, WHEN they advertise the position right? So probably if they adverted this position, and with the feact, that they were willing to hire a foreigner, there is a possibility that the LMIA was already approved for the position itself, and not issue it one by one when they hire somebody?
Its more like a brainstorming for me now, because I think we will be more wise once the immigration lawyer reach us back next week, but in this case if I am correct, there is a possibility that they already had the "green light" when they hired my Partner. Because I remember after the interview it took almost 4 weeks waiting time, when they said they are willing to hire him just they need to wait for certain approvals. If I am correct maybe it won`t be a problem.

Thank you for your answer btw, and any other wise though you have I welcome it!

BTW - the four week wait to get the official job offer after the interview is pretty normal in Canada even for Canadians. Most / all of that was probably the usual HR red tape (e.g employment / background checks).

 

[Sheyenne]

You need to ask the company.

LMIAs are issued one by one.

You have to advertise first and then apply for the LMIA after advertising the job.

Again, you really need to ask the company. No LMIA was required to hire your partner since your partner was on an open work permit. So my guess is that they don't have an approved LMIA. But I could be wrong and you need to have this conversation with them.

Thank you for this, we will definitely ask them about it.