HELP ME TO ANALYZE MY SITUATION PLEASE !!

[mrFoce]

My employer is willing to give me a permanent job offer and apply LMO for me.

I'm wondering it stated

"
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Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit.

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations.

"

in the following website, so does it mean if Service Canada Centre receives LMO application within 90 days of the expiration of my PGWP, I still have hope, right ?


Some how I 'm not allowed to post links... but I copied above paragraph from the website.

Well, then you will be exempt from the advertising requirement for the LMO (having a LMO does not guarantee a work permit, however, lacking a LMO will guarantee that your WP will get rejected if it's a regulated job)

 

[pigy888]

"within 90 days of the expiration of the post-graduate work permit"

Shouldn't it mean within 90 days after work permit is expired????

 

[pigy888]

and it also states " ... former PGWPP..." ?

 

[mrFoce]

and it also states " ... former PGWPP..." ?

From the text you posted I understand that your employer does not have to proof the advertising part for the grace period of 90 days after your work permit expired, if she\he has the intend of hiring you.

However, since your permit expired, aren't you out of status right now?

Unless you applied for the work permit (i don't think you did), I believe you've to restore your status first and if that gets approved, you can apply for the work permit. If that's the case, you're not on implied status and not allowed to work until you've received the work permit. So be careful with work on Monday.

see http://www.cic.gc.ca/english/information/applications/guides/5580ETOC.asp#5580E4

But don't take my word for anything :-X , but that's my understanding of how the system works.

 

[jes_ON]

"
Advertisement
Employers hiring former PGWPP participants in higher-skilled occupations are not required to conduct recruitment or advertisement efforts, provided, the LMO is received by the appropriate Service Canada Centre within 90 days of the expiration of the post-graduate work permit.

In instances where the post-graduate work permit has expired, and over 90 days have elapsed from the date Service Canada receives the application, employers will be required to demonstrate recruitment efforts as per the normal requirements for higher-skilled occupations.

"

in the following website, so does it mean if Service Canada Centre receives LMO application within 90 days of the expiration of my PGWP, I still have hope, right ?

Well, yes and no. "Within 90 days of expiry" is in the grace period where you can apply for restoration of status along with a new work permit, as long as you have also applied for the LMO. But you cannot continue working (you are not under implied status) if you don't apply until after the WP expires.

To be able to continue working under implied status, you need to apply to renew the work permit BEFORE the old one expires.

You are supposed to apply for the LMO before the work permit. I honestly do not know what would happen if, for example, you apply for a new work permit today, but don't apply for the LMO until next week. Under the rules it should be refused, I think. But you would technically be under implied status, at least until you receive a refusal. If you later got the LMO within the 90 days you could re-apply (along with application for restoration), but you'd have to stop working in between the refusal and obtaining a response (2-3 months can be a long time to go without working).