Implied Status Help please!!!

[CaptainPilot]

Hi,so I am currently waiting for a a positive LMO for the renewal of my work permit.It's frustrating and stressful for me and my family (wife,kids) right now because my employer and I have waited basically a year now without answer from LMO regarding my application. My employer has been on top of things calling and trying to find out what is going on but have not received a clear answer from LMO as to what is taking so long.My work permit has expired already and i'm currently implied status

.To correct the below answers we have submitted all applications required already and it was done before my previous work permit expired which is why i'm on implied

My question is:
1)Can I extend my expired work permit at the border while my LMO is being processed?
2)Is there anything else I can do since its been about 12/13 months now (have to be something)?
3)What can i do regarding OHIP since my wife and I have to now deal with the stress of emptying our pockets for insurance to ensure our kids are covered since its taking so so long.

I am working under the same conditions and have been qualified the first time by LMO and nothing has changed from then so I do not see why its taking as long
Is there temporary options for anything at least until a decision is made?

 

[zardoz]

Hi,so I am currently waiting for a a positive LMO to renew my work permit.It's frustrating and stressful for me and my family (wife,kids) right now because my employer and I have waited basically a year now without answer from LMO regarding my application. My employer has been on top of things calling and trying to find out what is going on but have not received a clear answer from LMO as to what is taking so long.My work permit has expired already and i'm currently implied status.

My question is:
1)Can I extend my expired work permit at the border while my LMO is being processed?
2)Is there anything else I can do since its been about 12/13 months now (have to be something)?
3)What can i do regarding OHIP since my wife and I have to now deal with the stress of emptying our pockets for insurance to ensure our kids are covered since its taking so so long.

I am working under the same conditions and have been qualified the first time by LMO and nothing has changed from then so I do not see why its taking as long
Is there temporary options for anything at least until a decision is made?

I don't think you are on "implied status" if you didn't actually apply to renew your work permit before the old one expired. Just applying for a new LMO is not the same thing, unless I have completely misunderstood the "implied status" mechanism.

See http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf

5.22. Work without a work permit R186(u)—Implied status
R186(u) allows for persons to continue working under the conditions of an expired work permit,
as long as they applied for a new work permit before the original work permit expired and have
remained in Canada. Once the decision has been made, the client will either have to leave
Canada or will continue as a worker who holds a valid work permit.

 

[scylla]

Submitting an LMO doesn't give you implied status once your work permit has expired. You would only have implied status if you had submitted a new work permit application before your old work permit had expired.

Based on the information you've provided, you have been working illegally since your work permit expired and are out of status in Canada.

To answer your questions:

1) No - absolutely not.
2) If your work permit expired almost a year ago, you really have no choice but to leave Canada since you're now here illegally. You can't restore your status once 90 days have passed since your work permit expired. And even if the LMO is approved, you won't be able to apply for a work permit from within Canada since you have no status here and are well past the 90 day restoration period.
3) You don't qualify for OHIP.

 

[CaptainPilot]

My lawyer is dealing with the whole applying thing but my understanding is that you cannot apply for a work permit if your application for LMO has not been approved yet correct?

GUYS WE HAVE SUBMITTED ALL THE NECCESSARY DOCUMENTS FOR EXTENTION AND IT WAS DONE BEFORE MY PREVIOUS ONE EXPIRED (CORRECTION)

 

[zardoz]

My lawyer is dealing with the whole applying thing but my understanding is that you cannot apply for a work permit if your application for LMO has not been approved yet correct?

Correct. I also believe that you have been working illegally and may be vulnerable to being removed from Canada. I updated my previous post with the CIC information on "Implied Status" for you.

 

[scylla]

My lawyer is dealing with the whole applying thing but my understanding is that you cannot apply for a work permit if your application for LMO has not been approved yet correct?

That's correct.

If your lawyer told you that you have implied status because an LMO application has been submitted, then you need to fire your lawyer because he/she clearly has no idea what they are doing (you should also report them). This is completely inaccurate information. You are out of status and have been working illegally since your work permit expired. You really have no options now other than to leave Canada.

 

[zardoz]

My lawyer is dealing with the whole applying thing but my understanding is that you cannot apply for a work permit if your application for LMO has not been approved yet correct?

GUYS WE HAVE SUBMITTED ALL THE NECCESSARY DOCUMENTS FOR BOTH EXTENTION (CORRECTION)

As far as I am aware, you can't apply for a work permit extension UNTIL you have the approved LMO to support it. In any case, 12 months for an LMO is insane... Something is seriously wrong here.

 

[CaptainPilot]

Thanks ^ my lawyer did my first application and have followed all the step now for my extension as a new application was submitted before my work permit expired.I don't know what all of the aboves are talking about.In fact,my lawyer have been calling LMO and was told that the application was correct but no decision has not been made based on the case itself.I am not knowledge-able on all this stuff but I know that I'm currently on implied according to Immigration as we have been told this.My question originally was what can I do in the meantime

A new application was submitted by my lawyer before my previous one expired in case it was not clear

 

[zardoz]

http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

What is an Employment and Social Development Canada (ESDC) LMO?

An LMO is a report provided by ESDC which enables an officer to determine whether the employment of the foreign worker is likely to have a positive or negative impact on the labour market in Canada. An LMO may be required in order for a work permit to be issued. The LMO must be included with your work permit application. Find out more about LMOs.