Does “imply status” apply for “LMIA work permit application” ?

[TinaHT]

Hi all,

I am working for the current employer inside Canada since Nov 2018. My PGWP expired on 30 May 2019, I already applied for the “Work permit extension” on 24 May 2019 with the intention that within 90 days under “imply status”, I could apply for “the provincial nominee program”. But then, my consultant informed me that I could not apply for the nominee program until Nov 2019, thus, I need an LMIA from my employer. I eventually got the approved LMIA letter on 28 July 2019 & then immediately apply for the LMIA closed work permit.

However, the LMIA closed work permit is still processing and my “work permit extension” has been refused.
My consultant told me to stop working now and wait until my LMIA work permit be approved, would be 2-3 more months

I am quite confused since I think I still could be under “imply status” while waiting for my LMIA work permit.

Would you share with me your advice or any recommendation on this case? Many thanks in advance with high appreciation,

 

[canuck_in_uk]

Hi all,

I am working for the current employer inside Canada since Nov 2018. My PGWP expired on 30 May 2019, I already applied for the “Work permit extension” on 24 May 2019 with the intention that within 90 days under “imply status”, I could apply for “the provincial nominee program”. But then, my consultant informed me that I could not apply for the nominee program until Nov 2019, thus, I need an LMIA from my employer. I eventually got the approved LMIA letter on 28 July 2019 & then immediately apply for the LMIA closed work permit.

However, the LMIA closed work permit is still processing and my “work permit extension” has been refused.
My consultant told me to stop working now and wait until my LMIA work permit be approved, would be 2-3 more months

I am quite confused since I think I still could be under “imply status” while waiting for my LMIA work permit.

Would you share with me your advice or any recommendation on this case? Many thanks in advance with high appreciation,

Was the first app refused or rejected? What date does the letter give for your status ending?

You aren't in status and your second work permit app will be refused. You need to apply for Restoration.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)

 

[scylla]

Hi all,

I am working for the current employer inside Canada since Nov 2018. My PGWP expired on 30 May 2019, I already applied for the “Work permit extension” on 24 May 2019 with the intention that within 90 days under “imply status”, I could apply for “the provincial nominee program”. But then, my consultant informed me that I could not apply for the nominee program until Nov 2019, thus, I need an LMIA from my employer. I eventually got the approved LMIA letter on 28 July 2019 & then immediately apply for the LMIA closed work permit.

However, the LMIA closed work permit is still processing and my “work permit extension” has been refused.
My consultant told me to stop working now and wait until my LMIA work permit be approved, would be 2-3 more months

I am quite confused since I think I still could be under “imply status” while waiting for my LMIA work permit.

Would you share with me your advice or any recommendation on this case? Many thanks in advance with high appreciation,

Your consultant is right. You need to stop working since your extension was refused. You are now out of status in Canada and not legally allowed to work.

You would only have implied status if your LMIA work permit had been received by IRCC before your PGWP expired May 2019. However you didn't apply until July.

 

[TinaHT]

Was the first app refused or rejected? What date does the letter give for your status ending?

You aren't in status and your second work permit app will be refused. You need to apply for Restoration.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)

Thank you so much for your info. Actually, my agent done all the applications and they did not updated me in details. Yesterday, they called and informed me that my first app has been refused last week, they are applying the Restoration and advised me to stop working & wait until the LMIA work permit be approved, but it might take up to 2-3 months. The problem raised here is my employer might not be able to wait that long for me and the Lmia work permit only allows me to work for my current employer

 

[scylla]

Thank you so much for your info. Actually, my agent done all the applications and they did not updated me in details. Yesterday, they called and informed me that my first app has been refused last week, they are applying the Restoration and advised me to stop working & wait until the LMIA work permit be approved, but it might take up to 2-3 months. The problem raised here is my employer might not be able to wait that long for me and the Lmia work permit only allows me to work for my current employer

Yes - applying for restoration is the right thing to do since you are out of status. And yes - you have to stop working. The work permit extension was guaranteed to be refused since you didn't qualify for one (didn't have an approved LMIA at the time you applied for the extension). So sooner or later you would have ended up in Canada without status and would have been required to apply to restore your status (and stop working).

Unfortunately there's really no choice but to wait until your status has been restored and your new work permit approved before you can start working again. Your employer will just have to wait. And yes - this is a closed work permit that only allows you to work for that specific employer.

 

[TinaHT]

Your consultant is right. You need to stop working since your extension was refused. You are now out of status in Canada and not legally allowed to work.

You would only have implied status if your LMIA work permit had been received by IRCC before your PGWP expired May 2019. However you didn't apply until July.

Thank you so much for your advice & info. The agent said that they are applying for the Restoration, but I am wondering for how long the restoration process might take ? and could I back to work when the restoration be approved ?

 

[scylla]

Thank you so much for your advice & info. The agent said that they are applying for the Restoration, but I am wondering for how long the restoration process might take ? and could I back to work when the restoration be approved ?

Restoration can take anywhere from a few weeks to a few months.

No - you cannot go back to work once restoration is approved. You have to wait until your new work permit is approved before you'll be able to return to work.

 

[TinaHT]

Restoration can take anywhere from a few weeks to a few months.

No - you cannot go back to work once restoration is approved. You have to wait until your new work permit is approved before you'll be able to return to work.

Thank you so much for your info again. Would be my last question if you do not mind. I am wondering if I allow to go outside Canada during this waiting period since I have visitor Visa which has expiration date till 2022 ?

 

[canuck_in_uk]

Thank you so much for your info again. Would be my last question if you do not mind. I am wondering if I allow to go outside Canada during this waiting period since I have visitor Visa which has expiration date till 2022 ?

If you leave Canada while a Restoration app is in process, it is abandoned.

 

[canuck78]

How did your employer get an LMIA so fast? It seems like they already had one when you discovered you needed an employer with an LMIA. Did you get this job through the consultant?

 

[Ralloblack88]

How did your employer get an LMIA so fast? It seems like they already had one when you discovered you needed an employer with an LMIA. Did you get this job through the consultant?

Is that an issue?In my field my employer applies for LMIA all the time, as it’s a labour intense jobs and hard to find workers. So They were able to provide me with a new LMIA they had ,a month after my permit expired, and also job letter telling my to apply for a new work permit .