Extending WP - declined LMO (without a good reason) - options?

[c2h5oh]

Hey Guys,

I think I have a problem. Any help is very welcome.

I've lived and worked in Canada for slightly over a year now - LMO (NOC 2174), work permit - the usual.
Before my WP expired my employer filed for a new one and I have filed for WP extension, after a while my old WP expired and implied status allowed me to continue working. Then my employer suddenly got a phone call, that LMO application got denied, because it was insufficiently advertised (BS - I'll explain more below).

I've got a bunch of questions:
1. Can my employer appeal the LMO rejection? The only reason it was rejected because whoever was reviewing the application named all but one advertising proof as 'invalid' on grounds, and I quote "I don't know this website", despite the examples of advertising we (I helped with LMO application) picked were all on well established websites and met all the criteria required in such advertising.

2. If appeal is possible does it extend my implied status (I didn't get my PR extension rejection yet, but that doesn't mean it isn't in the mail already)?

3. Is it possible to expedite LMO in any way (in case the answer to any of the two previous questions is 'no')? I'm in the middle of an important project and not being able to work would be a massive problem not only for me, but also for my employer.

4. If I file for permanent residency (CEC), now does it extend my implied status? What if I apply before I get the rejection letter, but after the rejection decision has been made (again rejection in the mail situation)? I have all the documents ready, but the language test results, which I should get tomorrow (I can print the online version now, but they want me to include original that has been mailed to me).

5. If all else fails what is the fastest way for me to start working in Canada again? I have to admit that the whole situation caught both me (not enough savings to wait 3 months for a new LMO) and my employer (middle of an important project) by surprise..

Any ideas?

 

[scylla]

1. I don't think it's possible to appeal an LMO refusal. The employer would have to resubmit the application with stronger evidence. Before your employer does that, can you confirm the job was advertised on the Canadian Job Bank (or a provincial equivalent)?

2. No - it's not possible to extend your implied status. Once you receive the work permit refusal letter, your implied status ends and you'll need to stop working.

3. I don't believe there are any expedite processes available for LMOs.

4. No - this doesn't extend implied status.

5. You need an approved LMO which will then allow you to apply for a new work permit.

 

[c2h5oh]

4. No - this doesn't extend implied status.

Are you 100% sure? I was convinced that applying for PR gave me implied status as long as I applied while still legally allowed to work..

 

[scylla]

Are you 100% sure? I was convinced that applying for PR gave me implied status as long as I applied while still legally allowed to work..

100% sure. Applying for PR through FSW or CEC or one of the Provincial Programs certainly does not give someone implied status or allow them to continue working or allow them to remain in Canada.

Here's how you continue working through a CEC application:
- Apply for PR well before your work permit expires (several months before)
- Receive AOR (acknowledgement of receipt) which takes a few months
- Using AOR apply for the Bridging Open Work Permit (you MUST still have a valid work permit when you apply for the BOWP)
- Once you submit the BOWP application you have implied status until you receive a decision

If you don't believe me that submitting a CEC application doesn't give you implied status - just wander over to the CEC and ask this question there. You'll get a pretty fast answer.

 

[cee12345]

Are you 100% sure? I was convinced that applying for PR gave me implied status as long as I applied while still legally allowed to work..

PR application is different from Work Permit. Wherein the former is an application for Permanent Residency while the latter is an authorization to work in Canada.

PR application will not give you implied status. Implied applies only to a pending Work Permit application until a decision is made.
If you had submitted your PR application and have received an initial Approval (or commonly called AOR) then you maybe able to apply for BOWP (If you meet the BOWP requirements - that is holding a valid work permit that will expire within 4 months).

The only way you can do for now is ask your employer to submit an LMO application and stop working as soon as you receive the rejection of your work permit application.

Once LMO is approved then apply immediately for a work permit.

I don't understand why your employer did not apply earlier on your LMO knowing that your permit is opt for renewal.

Good Luck!

 

[c2h5oh]

If you don't believe me that submitting a CEC application doesn't give you implied status

It's not about believing, it's about hope. I really hoped you misread something, because that would mean I have an option.
Thanks for your help.

I don't understand why your employer did not apply earlier on your LMO knowing that your permit is opt for renewal.

LMO application was sent ~2 months before the WP expired - the first LMO took 5 weeks, so that had us fooled.

 

[cee12345]

It's not about believing, it's about hope. I really hoped you misread something, because that would mean I have an option.
Thanks for your help.
LMO application was sent ~2 months before the WP expired - the first LMO took 5 weeks, so that had us fooled.

1-2 Months is the standard LMO processing. If I were your employer, I would go for a 4-month leeway as processing times are subjective.
But again, employers are different.

Anyway, good luck!

 

[cute_rocel123]

Good day

Hi I'm from philippines, I have an agency who process my Application in canada. I got my positive LMo and Work Visa last December 2013 and according to my agency I just need to wait from my employer to buy me a ticket. Is the hold regardingforeign workers in canada will affect also my Application even if I already signed my contract ang got my Lmo and visa last year?

Please enlighten me. I just want to be sure

Thanks mam and sir,
Rocel

 

[cee12345]

Good day

Hi I'm from philippines, I have an agency who process my Application in canada. I got my positive LMo and Work Visa last December 2013 and according to my agency I just need to wait from my employer to buy me a ticket. Is the hold regardingforeign workers in canada will affect also my Application even if I already signed my contract ang got my Lmo and visa last year?

Please enlighten me. I just want to be sure

Thanks mam and sir,
Rocel

I am not sure on the impact of the new moratorium on the Work Permit issuance at the POE.
Technically what you have is TRV and a letter of approval of your work permit.
Work permits are only issued at the POE (unless if you applied inland or within Canada which will come by mail).

 

[Hoper72]

Hi Guys

I got an positive LMO for 2 years yet I got my WP valid from Nov 2013 to August 2014 instead to Nov 2015 due to my passport expiry date.

Therefore, I have worked for 5 months now in Canada and I have just renewed my passport in order to extend my WP.

my questions are :

-Shall we call this extent or restoration?
-if I pay for the WP and TRV fees, will I be refunded as this is not my mistake and I have already paid when initially applied?
-I am finding a difficulty at locating the WP number as there are many numbers mentioned.Can someone help please?

Thank you

 

[PMM]

Hi

Hi Guys

I got an positive LMO for 2 years yet I got my WP valid from Nov 2013 to August 2014 instead to Nov 2015 due to my passport expiry date.

Therefore, I have worked for 5 months now in Canada and I have just renewed my passport in order to extend my WP.

my questions are :

-Shall we call this extent or restoration?
-if I pay for the WP and TRV fees, will I be refunded as this is not my mistake and I have already paid when initially applied?
-I am finding a difficulty at locating the WP number as there are many numbers mentioned.Can someone help please?

Thank you

1. Extension.
2. You will have to pay for the WP and the TRV, it was your fault that your passport was not valid to the expiry of the status.

 

[cute_rocel123]

I am not sure on the impact of the new moratorium on the Work Permit issuance at the POE.
Technically what you have is TRV and a letter of approval of your work permit.
ork permits are only issued at the POE (unless if you applied inland or within Canada which will come by mail

Hi mam/sir

So.confused, meaning my Application will be forfieted? Is there.no.way for.me to work in canada since they release hold foreign worker to work?

Thanks

 

[cee12345]

my questions are :

-Shall we call this extent or restoration?
-if I pay for the WP and TRV fees, will I be refunded as this is not my mistake and I have already paid when initially applied?
-I am finding a difficulty at locating the WP number as there are many numbers mentioned.Can someone help please?

Thank you

1 - You will not be refunded. Apparently it is no ones fault as the VOs are bound by their policy. They cannot issue WP beyond the validity of your passport. If you need to extend your WP then you'll need another LMO and satisfy the VO that you will leave the country after the expiry of your WP.
2 - Your WP number is on the top right it starts with 2 letters and 9 numbers (E.g. XX123 456 789)

Good luck!

 

[halo4me]

1-2 Months is the standard LMO processing. If I were your employer, I would go for a 4-month leeway as processing times are subjective.
But again, employers are different.

Anyway, good luck!

I'm still waiting my LMO, our case has been process for 6 months long!! Unbelievable, Quebec MICC is holding our application and they were waiting us to filed addition information without inform us! no comment Now I have no choice to mail my extend application to CIC as my WP expire in 2 weeks! finger cross.....