Confused..please help.

[maple101]

Good day to all,

I desperately need all your advices regarding my situation.

I am presently working on implied status with Company A under concurrent processing since my work permit expired last Sept 25, 2012, that time we only had the file number of my lmo. Unfortunately, i got my lmo yesterday and it wasn't approved. This company is a seasonal industry and it is closing next week.

I have applied to another company B, employer has an lmo that is on process right now and is willing to hire me. My question is what is going to happen to the previous work permit application that is under concurrent processing with my previous employer (Company A)? My new employer will process the work permit application once he has the result of the lmo right away.

I have another question, since Company B's store will still open middle of January next year, I am planning to go home to the Philippines. I still cannot work with him since my work permit is still on process too and at the same time the store is not yet open. Would it be ok if my new employer can just send me through registered mail once my work permit is approved then I can just apply a re entry visa back home?

Please I need your advices and answers. Thanks in advance.

 

[maple101]

Seniors of this forum, please help me about my situation. Thanks very much.

 

[computergeek]

Good day to all,

I desperately need all your advices regarding my situation.

I am presently working on implied status with Company A under concurrent processing since my work permit expired last Sept 25, 2012, that time we only had the file number of my lmo. Unfortunately, i got my lmo yesterday and it wasn't approved. This company is a seasonal industry and it is closing next week.

So you will get a refusal letter anyway. You don't mention if you applied on paper or you applied online, since paper applications are almost 2x the time to process as online (102 days versus 54 days last I looked). Thus the earliest you will receive the refusal is in early November, and latest would be in early January. You are still covered under implied status, however, even with a rejected LMO, so you can work until your current employer closes. At that point you can withdraw your application (and get a refund) and then depart Canada. Or you can let your application continue to sit in queue and wait until you get your rejection; you may receive a departure order at that point. If you do you must leave within 30 days and make sure you process it when you leave. Otherwise, it becomes a deportation order and you will be prohibited from returning to Canada for life. If you leave, there will be no issue and it will not negatively impact your future applications.

I have applied to another company B, employer has an lmo that is on process right now and is willing to hire me. My question is what is going to happen to the previous work permit application that is under concurrent processing with my previous employer (Company A)? My new employer will process the work permit application once he has the result of the lmo right away.

If you let it continue, it will be rejected. If you request to withdraw it, they will refund the application fee. It's probably best to withdraw it, so you don't have a refusal on your record (though that won't make much difference).

I have another question, since Company B's store will still open middle of January next year, I am planning to go home to the Philippines. I still cannot work with him since my work permit is still on process too and at the same time the store is not yet open. Would it be ok if my new employer can just send me through registered mail once my work permit is approved then I can just apply a re entry visa back home?

That's a workable plan. Or you could submit the work permit and TRV application to Manila. The processing times Manila quotes for a WP + TRV is 15-90 days. Since you have previously had a WP and have been in Canada, a complete application is likely to be approved faster by Manila than it will be by Vegreville.

Note: the processing times on the main CIC website for WPs is a bit questionable. I've found that it is better to look at the VO specific website. For Manila, they say 12 months, but that seems to be due to the fact they count live-in caregivers with other classes, while the VO specific website splits them out - precisely because they take much longer and skew the overall processing time. I've seen the same issue with Singapore.

CIC main website quotes 58 days (inland) or 83 days (outland) for a WP application for a new employer. Thus, I think you'd be better off just submitting the complete WP application to Manila, but you can do it the way you suggested as well, either will work.

There is nothing wrong with having someone receive and forward your work permit (attorneys do this all the time).

 

[maple101]

Thanks so much computergeek for all your answers. It means a lot to me.

I applied for my work permit on paper. So I was wondering if do you think it would be advisable for me to leave Canada after I withdraw my appication eventhough in two or three weeks time I am going to apply for a new work permit for my new employer?

After I withdraw my app, that means I am out of status already here in Canada? What are the consequences for example If I decided to just stay and wait for the result of my new work permit (for new employer)? Do you think it's better that I leave Canada and wait in the Phils.?

If I have decided to leave like next week, is it just ok that I sign/fill out the documents (contract, work permit application) to my new employer so that when lmo is ready he can submit it to CIC?

In withdrawing the application, do I need to fill out a form from cic website or phoning them will just do?

So sorry for all my questions, but I really appreciate your help.

Thanks again in advance.

 

[computergeek]

I applied for my work permit on paper. So I was wondering if do you think it would be advisable for me to leave Canada after I withdraw my application even though in two or three weeks time I am going to apply for a new work permit for my new employer?

It's your call, but I wouldn't spend too much time in Canada without some sort of status - but that leads into your next question.

After I withdraw my app, that means I am out of status already here in Canada? What are the consequences for example If I decided to just stay and wait for the result of my new work permit (for new employer)? Do you think it's better that I leave Canada and wait in the Phils.?

Well, you do have a TRV, so if it is still valid, you aren't technically out of status. Otherwise, I'd ask to change status to visitor and explain you are waiting for your new WP.

If I have decided to leave like next week, is it just ok that I sign/fill out the documents (contract, work permit application) to my new employer so that when lmo is ready he can submit it to CIC?

Absolutely, that's fine.

In withdrawing the application, do I need to fill out a form from cic website or phoning them will just do?

No form. Just send them a letter asking to withdraw your application. As I understand it, you do need to send them written notice to withdraw the application.

If you decide to leave, send the letter the day you leave (so you were never technically out of status). Since you filed paper, you have 102 days right now anyway...

Good luck!

 

[maple101]

My TRV has already expired too. I think the only thing that makes me legal here in Canada is I am presently on implied status with my present employer. Am I right? That's why if ever I'm going to be back in the Phil. and new employer will send me the work permit I will apply for re entry there. Would that be the right thing to do?

Recently I noticed that whenever I click the re entering Canada to resume work option in philippines/gc/ca website it is not giving me any information (application kit, etc) on how to process it. But before it used to show the procedures on how to do it in the Philippines. When I click it, it'll send me to canadainternational/gc/ca and I'm lost, it doesnt show you the specific instructions that they used to have. Sorry I have to put slash instead of dot on the websites coz this site is not allowing me to send links.

Where will I send the letter? Is it thru email, fax or snail mail? I have checked the Cic website, all i can find is the call center number.

SOrry again so many questions. But I am really Thankful for all your advices.

Thanks so much!

 

[out]

may i butt in...

you are correct if withdrawing your application will put you in out of status mode thus advise to leave canada. from there how i understand it is your finishing employer is responsible for the ticket to send you back in the home country. if your new employer is willing to process the wp in the philippines, confident that LMO will be issued and the fact of the matter is does your employer is willing to ticket you to go back canada? most likely why not go for it. altho other scenario may avail of it's between your arrangement and understanding of your prospective employer about sending back canada ticketing...

may i know what is your lmo job applied for and your current job you are into, if you dont mind.

 

[maple101]

may i butt in...

you are correct if withdrawing your application will put you in out of status mode thus advise to leave canada. from there how i understand it is your finishing employer is responsible for the ticket to send you back in the home country. if your new employer is willing to process the wp in the philippines, confident that LMO will be issued and the fact of the matter is does your employer is willing to ticket you to go back canada? most likely why not go for it. altho other scenario may avail of it's between your arrangement and understanding of your prospective employer about sending back canada ticketing...

may i know what is your lmo job applied for and your current job you are into, if you dont mind.

My current employer is willing to pay for my airfare to go back to my home country. I'm working as a cashier right now and will work as a food counter attendant for my new employer. Do you know what is the processing time for re entry visa in the Philippines? The website is not showing any specific info for re entry visa that is done there.

Thanks for your reply.