Can you help me get home for Christmas?

[colmforest]

Hi Guys,

I really need some help.

Myself and my girlfriend are from Ireland and have a open visa until December 26th 2009. Both of us are skilled workers and are eligable to qualify once we remain legal in the country for longer than one year. My girlfriend has attained a full-time permanent job and we are going to apply for a work permit extension (me as her common-law)

However, her employer has taken very long in getting their act together, and at this point we still have yet to see the job posted on the job bank website. We know it has to be up there for 14 days. Best case scenario is that we'll have an application sent to the HRSDC by October 20th. That leaves us only realistically one month to get this LMO processed, which I am told is ambitious.

Our plan was to get the LMO approved and head down to Buffalo, go through the border and get everything processed there and then. Therefore, we could be sorted and get to go home for Christmas. However, it's looking increasingly likely that we may have to mail our application off, thus throwing us into implied status. I'm under the impression that we cannot come back and work should we go home during our implied status.

So I have a couple of questions which maybe we can be helped with:

- Is there any way we can work our situation that we can get home for Christmas and be allowed to re-enter the country to continue working?
- Are there ramifications for mailing an application later than the advised 30 days prior to end of visa?
- Does implied status always mean that we cannot leave the country and come back to work?
- Can anyone recommend any measures one can take to prove they are returning to their country by the end of the work permit?


The main question is the one revolving around getting home for Christmas - is it a hopeless case at this point? It feels like it now.

Please help!


Thanks

Colm

 

[colmforest]

Just to add to that, I see that it is possible to leave and then re-enter when one is still in implied status, but you will have to pay the fee again at the border...can someone confirm if this is the case? It would be a work permit extension that we would initially be applying for, through a "Applying to change conditions or extend your stay in Canada — Worker " form.

Thanks!!

 

[PMM]

Hi

Just to add to that, I see that it is possible to leave and then re-enter when one is still in implied status, but you will have to pay the fee again at the border...can someone confirm if this is the case? It would be a work permit extension that we would initially be applying for, through a "Applying to change conditions or extend your stay in Canada — Worker " form.

Thanks!!

If you leave with implied status on a work permit, you probably will be re-admitted, BUT you will not be able to work until the new work permit is received. See: http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf Section 24.

PMM

 

[colmforest]

Thank you for your response PMM, I desperately needed that clarified.

My question to counteract that is behind this link: http://www.cic.gc.ca/english/information/applications/guides/5553E2.asp

Particularly relating to this:

May I leave Canada before my request for a renewed or initial work permit has been finalized?

Yes. However, if you leave temporarily and your study or work permit has not been renewed before you seek to re-enter Canada and you do not have your new document, you will have to re-apply (either at the port of entry if you have the right to do so, or at a visa office outside Canada) and pay another processing fee.

This would imply to me that I in fact could leave and return to work so long as I re-apply and pay another processing fee? That is not the case?

Thanks,

Colm

 

[colmforest]

To PMM

Can you clarify what is meant by my above quotation?

Thanks Mate,

Colm

 

[PMM]

Hi

To PMM

Can you clarify what is meant by my above quotation?

Thanks Mate,

Colm

Only works if you have an approved LMO.

PMM

 

[colmforest]

To PMM

Ah, so maybe you can clarify this for me:

My original visa expires on December 26th, and I will apply for a Work Permit Extension in the middle of November. My employer will be applying for an LMO next week, so I will have it hopefully by early December at the latest. In the mean time, if I mail my Work Permit Extension application, attain my LMO in early December, leave the country to come home to Ireland for Christmas, I can return in December 28th say (despite my old visa expiring) and restore my status and continue to work whilst my work permit is being processed? Just as long as I have an LMO I can restore my status?

Hope you can answer that question for me mate, I'm getting excited as I thought I had to give up hope of getting home and being able to return!

 

[PMM]

Hi

To PMM

Ah, so maybe you can clarify this for me:

My original visa expires on December 26th, and I will apply for a Work Permit Extension in the middle of November. My employer will be applying for an LMO next week, so I will have it hopefully by early December at the latest. In the mean time, if I mail my Work Permit Extension application, attain my LMO in early December, leave the country to come home to Ireland for Christmas, I can return in December 28th say (despite my old visa expiring) and restore my status and continue to work whilst my work permit is being processed? Just as long as I have an LMO I can restore my status?

Hope you can answer that question for me mate, I'm getting excited as I thought I had to give up hope of getting home and being able to return!

When you return if you have a new LMO in hand, you can apply at the Port of entry for a new work permit. Otherwise if you have implied status, you would be admitted, but could not work until you receive the extended work permit.

PMM

 

[colmforest]

Thanks PMM, are you sure I can do that though as I haven't applied for my work permit extension at least 30 days before the expiry of my present one, as it says I must?

 

[PMM]

Hi

Thanks PMM, are you sure I can do that though as I haven't applied for my work permit extension at least 30 days before the expiry of my present one, as it says I must?

Yes. The 30 days is actually not a requirement in law, you could apply anytime as long as the extension is received before the work permit expires.

PMM