Implied status, employer wants me to stop work

[mznutcracker]

MY work permit is gonna expire on sept 28, we submitted the wp app last sept 20 and vegreville received it on the 21st.im working on the same employer and same duties and responsibilities.we attach the lmo file #, coz hrsdc doesnt have the decision yet. our accountant is telling me that i need to stop wrking on the 29th, but i told her that im on implied status and im still legally working in canada until a decision will be made by cic. what should i do if she still insist on me to stop working? where can i file a complaint if ever?any opinion will be appreciated.thanks

 

[icycool]

http://www.cic.gc.ca/ENGLISH/pdf/kits/guides/5290E.PDF please read at Appendex A , A-2

If you send your open work permit application with your permanent residence application and you…continue working for the employer mentioned on your current work permit while the application is being processed then you do not have to extend your work permit, even if it expires during the processing of your application for permanent residence.

hope it help

 

[PMM]

Hi

http://www.cic.gc.ca/ENGLISH/pdf/kits/guides/5290E.PDF please read at Appendex A , A-2

If you send your open work permit application with your permanent residence application and you...continue working for the employer mentioned on your current work permit while the application is being processed then you do not have to extend your work permit, even if it expires during the processing of your application for permanent residence.

hope it help

It doesn't the OP is not applying for PR in Canada, and the section you are quoting is for "in Canada" spousal applications. If the employer doesn't believe in implied status, it is his/her decision to either keep you on or wait for the LMO.

 

[mznutcracker]

im not applying for owp, coz im in a semi skilled category (room attendant)

 

[icycool]

oops! sorry. I thought you are live in caregiver

 

[ae03yy]

I had the same issue w/ my employer months back. You may ask yours to call CIC for confirmation on what you tell them. You can also tell ur boss you wanna call CIC when he is present, to motivate them. Or print what OP states and give them.
I did the latest, but my boss removed me from schedule till a month later, when he called CIC and was told exactly what I told him.. He called me back to work. So, encourage your boss to phone and inquire about implied status for TW.
But, no there's nothing wrong in putting you on hold from work. Your boss can do so and won't get in problem.
So, you have to convince them by providing them docs and proof and phone nos. If necessary!

 

[ynoweh]

MY work permit is gonna expire on sept 28, we submitted the wp app last sept 20 and vegreville received it on the 21st.im working on the same employer and same duties and responsibilities.we attach the lmo file #, coz hrsdc doesnt have the decision yet. our accountant is telling me that i need to stop wrking on the 29th, but i told her that im on implied status and im still legally working in canada until a decision will be made by cic. what should i do if she still insist on me to stop working? where can i file a complaint if ever?any opinion will be appreciated.thanks

Hope the details below help....


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.

 

[ynoweh]

I guess you should present the previous info i sent you to your employer. Get a copy of the foreign worker manual so that the employer would sense that u know what you're doing and armed by provisions of the law. But be cool, approach your employer nicely, afterall your employment depends on him unless you get to have other neutral lmo from other employers...Which will take too long considering advertisement etc...

 

[ynoweh]

Refer to R186(u) OP 11 temporary residents.

It is clearly stipulated in item no. 24 that temporary residents who applied for work permit renewal prior to the expiry of work permit has the RIGHT TO CONTINUE WORKING FOR AS LONG AS THE TEMPORARY RESIDNT REMAINS IN CANADA.

if you leave Canada with pending decision of application for renewal, then you will not be able to resume work once you get back to Canada until a work permit is issued...

I hope i was able to be of help to your concern...

 

[mznutcracker]

@ynoweh..Hi, thanks for your input, I did exactly your advice, and the result was positive..I will continue working
until cic's decision to my wp application, the tfw manual was also a big help..thanks for your time

 

[ynoweh]

@ ynoweh..Hi, thanks for your input, I did exactly your advice, and the result was positive..I will continue working
until cic's decision to my wp application, the tfw manual was also a big help..thanks for your time

You're welcome. Glad to be of help especially to a co-pinoy..