Completing 2 years criteria on implied status

[sandy4089]

Hi All
Some guidance on my situation would be highly appreciated.

I will be completing my 22 months of work in Canada in March. I have a work permit (valid till March 2011)under IT specialised skills which did not require an LMO .I understand that I would somehow need to complete another 2 months beyond march to qualify for CEC but my Canadian employer doesnt wish to apply for LMO as they don't foresee work for beyond couple of months.They are however willing to continue with me work for few more months beyond March if work permit issue can be worked out.

Now what i need to know is that, incase I apply for work permit extension from within Canada and still get a rejection for not having an LMO, would the time spent working on implied status(while waiting for decision on extension from CIC) add up towards my completion of 24 months of work experience in Canada.
Currently CIC is taking around 120 days to give a decision on extensions filed through snail mails.So I would be able to work for atleast 2-3 months beyond the expiry of my work permit.

 

[PMM]

Hi

Hi All
Some guidance on my situation would be highly appreciated.

I will be completing my 22 months of work in Canada in March. I have a work permit (valid till March 2011)under IT specialised skills which did not require an LMO .I understand that I would somehow need to complete another 2 months beyond march to qualify for CEC but my Canadian employer doesnt wish to apply for LMO as they don't foresee work for beyond couple of months.They are however willing to continue with me work for few more months beyond March if work permit issue can be worked out.

Now what i need to know is that, incase I apply for work permit extension from within Canada and still get a rejection for not having an LMO, would the time spent working on implied status(while waiting for decision on extension from CIC) add up towards my completion of 24 months of work experience in Canada.
Currently CIC is taking around 120 days to give a decision on extensions filed through snail mails.So I would be able to work for atleast 2-3 months beyond the expiry of my work permit.

Nope, the work has to be on a valid work permit.

 

[candy4]

I'm not sure about what PMM said. I have hear of people's work being counted even if it was performed illegally. I'm not 100% sure on this, but you can check with the CHC first.

 

[sandy4089]

Thanks PMM and Candy4

PMM
Do you think these 2 months would qualify as a period of illegal work ? As per the CIC working on implied status is completely legal during which i would be completing my 2 months of work.

 

[jes_ON]

Instructions on applying for a TWP extension now indicate that you CANNOT apply without a positive LMO. If you apply without the LMO it is not a valid application and you do NOT have implied status.

If you continued working after the work permit expired, you would be working illegally. Not only would the experience NOT count towards CEC eligibility, it could get you deported and banned.

Your options - convince your employer to apply for an LMO, or find another employer who will...

If you still haven't gotten an LMO-approved job offer by the time your work permit expires, you can apply for a change of status to Visitor. You cannot work as a Visitor, but it would give you some more time to stay in Canada legally and job hunt. You will have to complete your 2 years of work within 3 years....

 

[sandy4089]

Instructions on applying for a TWP extension now indicate that you CANNOT apply without a positive LMO. If you apply without the LMO it is not a valid application and you do NOT have implied status.

If you continued working after the work permit expired, you would be working illegally. Not only would the experience NOT count towards CEC eligibility, it could get you deported and banned.

Your options - convince your employer to apply for an LMO, or find another employer who will...

If you still haven't gotten an LMO-approved job offer by the time your work permit expires, you can apply for a change of status to Visitor. You cannot work as a Visitor, but it would give you some more time to stay in Canada legally and job hunt. You will have to complete your 2 years of work within 3 years....

Thanks jes_ON for your reply.
I tried to look up on the CIC website but i couldn't find the clause of LMO being a mandatory document.It would be great if you can share the link.

 

[sandy4089]

Thanks everybody for inputs.
I called up CIC today and they confirmed that I can file for extension even without LMO(even if it means just buying some more time) and more importantly the time spent on implied status would be added to the months of experience needed to apply under CEC.Just a loophole that can be exploited i guess

 

[jes_ON]

Good luck - it looks like they just posted a new TFW manual on 1-20-2011 -

http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf

 

[oilsand]

Instructions on applying for a TWP extension now indicate that you CANNOT apply without a positive LMO. If you apply without the LMO it is not a valid application and you do NOT have implied status.

If you continued working after the work permit expired, you would be working illegally. Not only would the experience NOT count towards CEC eligibility, it could get you deported and banned.

Doesnt this apply if you send your WP extension within 2 weeks of WP expiration with a LMO reference # from HRSDC attached to the application

For inland processing, the concurrent processing option will only be allowed for foreign nationals whose work permits will be expiring within two weeks. They must provide proof of a valid job offer, as well as proof that the employer has submitted a request to Service Canada for a new LMO. Applications will be initialized and the processing fee will be processed. Applications will be held for two months (TBC for CAQ) from the date of receipt, after which a determination to either refuse or approve the work permit will be made.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob152A.asp

This process has been confirmed by CIC call center agents (by supervisors as well) with instructions that the application be sent by mail only and not online.

 

[jes_ON]

Yes Oilsand, you are absolutely right in the case of someone who HAS applied for an LMO. Didn't know the "by mail only" part tho, I suppose because it will take longer ...

My response was in regards to the OP who was asking about applying for the TWP without any attempt to get an LMO.

 

[oilsand]

Yes Oilsand, you are absolutely right in the case of someone who HAS applied for an LMO. Didn't know the "by mail only" part tho, I suppose because it will take longer ...

My response was in regards to the OP who was asking about applying for the TWP without any attempt to get an LMO.

Oh missed that one as well, yep I was told by an agent that this process should be done thru mail in only.