Hello ailooney!!! Question po muna.. Nabanggit mo na NEW EMPLOYER un nagapply ng LMO last week.. Yung existing employer ng hubby mo, di nagsubmit ng extension of WP? Kc kung ganun, same situation ng hubby mo un kapatid ng hubby ko na nasa Alberta now. Until this October nalang un work nya sa existing employer kasabay ng expiration ng WP. As in ibibili nadaw sya ng ticket at least 5 days prior to expiry. Fortunately, kinuha din sya ng prospective employer ng hubby ko at nakapagadvertise na sa job bank ang immigration consultant kaya nasubmit ang LMO pero sa Ontario (new employer) last September 3. Yun LMO ni hubby inabot ng 2.5 months ang processing sa Ontario, kaya ang assessment namin sa brother nya e dadating ng mga November 20 yung LMO. Kaso nga, October lang yun WP validity nya. So mega tanung kami sa immigration lawyer nila na tinap ng new employer. Eto ang sabi “WE NEED TO SUBMIT APPLICATION FOR WP EXTENSION (IMM1249) AND OTHER SUPPORTING DOCUMENTS AND INCLUDE IN THE APPLICATION THE COURIER SERVICE RECEIPT AS PROOF THAT LMO IS FILED AND YET TO COME PRIOR TO OCTOBER 25. WHILE WP APPLICATION IS IN PROGRESS AND THE POSITIVE LMO ARRIVES, THEN WE SHALL CALL CPC VEGREVILLE CALL CENTER AND INFORM THEM OF THE LMO FILE NUMBER TO SUPPLEMENT THE WP APPLICATION FOR EXTENSION.”
Dear, the 150CAD that you ought to pay is for the WP extension but it's only for one person. Since your status is same of your husband's, you have to include your application as well but in the same envelope, and of course, double the fee, so 300CAD.. See IMM5553 for complete information. No need to apply for restoration for as long as your hubby and you filed for
extension prior November 2.
IMPLIED STATUS (source: CIC website)
If the application for renewal of the work permit is made before the expiry of the existing work permit, the employee may continue to work under the terms and conditions of the original document as per the implied status provisions found in R186(u). TFWs should familiarize themselves with these conditions, particularly as they pertain to staying in Canada while under implied status.
I believe the above quoted information applies if the TFW has filed for an extension of WP but for the SAME EMPLOYER. TFW can definitely not work for existing employer after the validity of WP. So my brother in law has to wait for new WP for new employer na mga January 2012 dadating. Ang situation nya, from November until mareceive work permit nya, ala sya work pero legal sya magstay sa Canada on the basis of WP application and until the decision on the WP application is received. But I believe the decision would be on the positive if all requirements are complied with...
Hope this helps and good luck, maaayos din yan...Wag masyado mastress makakasama sa baby. Take care...
Ok based on the situation of your bro-in-law, same sila ng hubby ko. So after ng expiry ng hubby ko on November... we are not allowed to work? Na-confuse ako. Kasi yung sinasabi din ng consultant namin is same sa ginawa ni solit. Actually, ang totoo nyan sinasabi ng present employer ni hubby na nagfile na sila ng LMO pero hindi na sila nakikipag usap further. Yun lang sinasabi nag file na DAW. Kaya kami lumapit sa employer ko kasi mas may tiwala at mas sigurado kami na nag file na nga ng LMO yung employer ko for my hubby kasi tinuturuan sila ng CCIS through the process. Based on solit's advise, tama yung consultant namin. Based on yours, tama yung CCIS.
SO this means, kung new employer ang susunod na WP.. hindi applicable ang work permit extension na online application, tama ba? Pero kapag new employer, new LMO and new WP ang application, we need to stop working by Nov?
Actually, kung totoo yung sinasabi nung employer ng hubby ko ngayon. 2 na employer ang nagfifile ng LMO nya by this time.
