Can I wait 90 days beyond my work permit expiry? Please help

[sonjy]

Hi,

I am writing for my friend who is in a desperate and tough situation. He is a dryall worker in Edmonton. His work permit expired in Apr. He applied for LMO and work permit extension with the same employer before this expiry date. He was denied LMO but was adviced to re-apply for LMO which he did.

CIC informed him that they needed his LMO to be added to his work permit application. He has yet to hear about his new LMO.
Now he is way over 90 days beyond work permit expiry date.

Question: Since he applied for LMO and work permit extension prior to the WP expiry, is he protected by the implied status? OR
Did he have to still apply for restoration of status while under "implied status" waiting for his WP and LMO approval?

Desperate-- Please advise.

 

[PMM]

Hi

Hi,

I am writing for my friend who is in a desperate and tough situation. He is a dryall worker in Edmonton. His work permit expired in Apr. He applied for LMO and work permit extension with the same employer before this expiry date. He was denied LMO but was adviced to re-apply for LMO which he did.

CIC informed him that they needed his LMO to be added to his work permit application. He has yet to hear about his new LMO.
Now he is way over 90 days beyond work permit expiry date.

Question: Since he applied for LMO and work permit extension prior to the WP expiry, is he protected by the implied status? OR
Did he have to still apply for restoration of status while under "implied status" waiting for his WP and LMO approval?

Desperate-- Please advise.

Nope, he is out of status and since 90 days have past, he can't apply for restoration. Time to go home before he gets caught.

 

[angelbrat]

When CIC informed him initially that there was no LMO with his work permit application, they would have sent him a 90 day restoration letter too. This happened to a work friend of mine in a similar situation.

She had to pay 200 dollars to restore her status, whilst waiting for the positive LMO.

Like PMM has said, your friend is now out of status and has no choice but to leave Canada and when the LMO does arrive, reapply for the work visa from his Country. He is not on 'implied status' either, so should stop work immediately.

 

[sonjy]

Thank you both PMM and Angelbrat.

sonjy

 

[gepeto21]

what happens if you get a negative LMO within those 90 days? Does your implied status stop that very moment?

 

[PMM]

Hi

what happens if you get a negative LMO within those 90 days? Does your implied status stop that very moment?

Yes.

 

[me_anne08]

Hi

Nope, he is out of status and since 90 days have past, he can't apply for restoration. Time to go home before he gets caught.

hi everyone!!!

what about if your work permit is in process and you just need to wait for the result but you already past the 90 days do you still need to restore or just wait for the result arrive.

 

[JGK]

hi everyone!!!

what about if your work permit is in process and you just need to wait for the result but you already past the 90 days do you still need to restore or just wait for the result arrive.

If your TWP application has been submitted you are on "Implied Status" until a decision is made.

 

[me_anne08]

If your TWP application has been submitted you are on "Implied Status" until a decision is made.

hi jgk thanks for the qoute

yah i already submitted the application thru online and waiting for the result, where can i find more info about "implied status" so that i will read it for reference,thanks

 

[JGK]

hi jgk thanks for the qoute

yah i already submitted the application thru online and waiting for the result, where can i find more info about "implied status" so that i will read it for reference,thanks

here http://www.cic.gc.ca/English/resources/manuals/op/op11-eng.pdf

24. Implied status (Replaces OB 092 – January 15, 2009)

A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.

 

[gepeto21]

you can check the exact paragraphs here and on the following pages:

http://laws.justice.gc.ca/eng/SOR-2002-227/20090812/page-5.html

183(5), R186(u) and R189

 

[me_anne08]

[quote author=JGK

24. Implied status (Replaces OB 092 – January 15, 2009)

A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires
before a decision is made, R186(u) and R189 (the right to continue working or studying under the
same conditions pending a determination of their application for renewal) apply only as long as
the person remains in Canada.
[/quote]

hi jgk how are you thanks for the link and information,thanks God i got my work permit already this morning i have some questions in my new permit they did not attach my middle name is it ok just my last name and my given name.is there any problem with that or any conflict in my documents?thanks