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Implied status question!

icecool222

Hero Member
Aug 1, 2010
378
16
Hi there,

I got a post graduate work permit which is expiring extremely soon and I am planning to apply for a work permit extension without any LMIA. I know it will be rejected since my 3 year work permit is exhausted. There is a company I know that can help me process the LMIA for a new work permit and they advised me to apply for a extension anyway despite knowing it will get rejected.

I want to know what happens when your work permit is refused due to lack of LMIA? I know that the implied status is lost but are you served with a deportation order or something like that? Can I re-apply again after my refusal with an LMIA or would I have to leave at all costs. And will such risk effect my future visa applications to Canada or effect my current US visa?

Appreciate your responses!!
 

scylla

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Jun 8, 2010
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scoot said:
You do also know that you can only work in Canada for a maximum of 4 years now right?
Not necessarily. Some workers are exempt from the 4 year limit.

http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp
 

rezafc

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Jun 19, 2013
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From what I know, and I am talking about a year and a half ago from my own experience!

Number 1: This refusal of extension will not affect your future applications both for Canada or US or anywhere else as long as it is explained carefully and considerably!

Number 2: Once your application gets rejected they will give you 90 days to restore your status, meaning there will be no deportation at all. But please sort your stuff within that 90 days, do not let it pass even an hour! And yes you can still apply for LMIA once everything is sorted within those 90 days.

Number 3: You will always have the chance to apply for a visitor visa, they will grant you 6 months regardless. Since you've been in this country, have no criminal records and have paid your taxes. So you might consider visitor permit after you get the rejection letter. Meanwhile you have 6 months time on your hands to sort your LMIA. Obviously you can't work & you can't study. But hey everything has a price!

Number 4 & this has to be your last option: You can always drive up to a border where they have immigration officers setup, do a flagpole and come back and ask them for a visitor permit. They are capable of issuing you one at the border. Again this has to be your last option, and be prepared to explain yourself truly fairly and thoroughly.

Lastly: Do not lose hope! Stay calm, & patient. Invest on a good lawyer if you have the money. I couldn't and I had to do everything by myself from block one! Don't worry, you'll get there soon enough.

All the best mate,
 

pretty_girl

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Aug 18, 2014
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rezafc said:
From what I know, and I am talking about a year and a half ago from my own experience!

Number 1: This refusal of extension will not affect your future applications both for Canada or US or anywhere else as long as it is explained carefully and considerably!

Number 2: Once your application gets rejected they will give you 90 days to restore your status, meaning there will be no deportation at all. But please sort your stuff within that 90 days, do not let it pass even an hour! And yes you can still apply for LMIA once everything is sorted within those 90 days.

Number 3: You will always have the chance to apply for a visitor visa, they will grant you 6 months regardless. Since you've been in this country, have no criminal records and have paid your taxes. So you might consider visitor permit after you get the rejection letter. Meanwhile you have 6 months time on your hands to sort your LMIA. Obviously you can't work & you can't study. But hey everything has a price!

Number 4 & this has to be your last option: You can always drive up to a border where they have immigration officers setup, do a flagpole and come back and ask them for a visitor permit. They are capable of issuing you one at the border. Again this has to be your last option, and be prepared to explain yourself truly fairly and thoroughly.

Lastly: Do not lose hope! Stay calm, & patient. Invest on a good lawyer if you have the money. I couldn't and I had to do everything by myself from block one! Don't worry, you'll get there soon enough.

All the best mate,

Hi,

Can you please help me in my scenario? I am a pnp approved nominee. So, I applied for my work permit on May 14th and paid required fees to extend it. But, it was not submitted till May 15th due to some technical issues. My work permit expired on May 14th. I got a payment receipt that I applied and paid before it expired. But, I am worried as an officer won't ask me anything he/she will just only consider that application was not submitted on May 14th (if they will see May15th as the submission date in CIC's system) and I did not pay $200 to restore my status according to the date.


What can I do now?

Can I send my payment receipt to CIC? Will they add it to my file?

Please help.

Thank You!!!!
 

azhevzhyk

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Jun 17, 2015
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Hi all,
I also have a problem with my WP. It expires June 26 and from reading a lot on this forum I realized that there is no point for me to apply for visa extension as I will probably receive my PR faster than my WP.. Especially when processing time for WP is 83 days now! :mad:
Like some of you, I also have a job offer in TO and they want me to start in September. Same employer just different location.. I'm keeping my fingers crossed and hope to receive my docs before the end of August.. otherwise I will loose my mind. :'(
 

pretty_girl

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Aug 18, 2014
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azhevzhyk said:
Hi all,
I also have a problem with my WP. It expires June 26 and from reading a lot on this forum I realized that there is no point for me to apply for visa extension as I will probably receive my PR faster than my WP.. Especially when processing time for WP is 83 days now! :mad:
Like some of you, I also have a job offer in TO and they want me to start in September. Same employer just different location.. I'm keeping my fingers crossed and hope to receive my docs before the end of August.. otherwise I will loose my mind. :'(

Under which category did you apply for PR?
 

azhevzhyk

Newbie
Jun 17, 2015
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0
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pretty_girl said:
Hi,

Can you please help me in my scenario? I am a pnp approved nominee. So, I applied for my work permit on May 14th and paid required fees to extend it. But, it was not submitted till May 15th due to some technical issues. My work permit expired on May 14th. I got a payment receipt that I applied and paid before it expired. But, I am worried as an officer won't ask me anything he/she will just only consider that application was not submitted on May 14th (if they will see May15th as the submission date in CIC's system) and I did not pay $200 to restore my status according to the date.


What can I do now?

Can I send my payment receipt to CIC? Will they add it to my file?

Please help.

Thank You!!!!

If they knew that they had difficulties with the system, it should not really matter.
But I would still email them explaining the situation and advising them that payment and application were submitted on time but due to technical issues application was not submitted till May 15.
 

pretty_girl

Hero Member
Aug 18, 2014
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azhevzhyk said:
If they knew that they had difficulties with the system, it should not really matter.
But I would still email them explaining the situation and advising them that payment and application were submitted on time but due to technical issues application was not submitted till May 15.

Yes, I did inform CIC regarding this. I hope whoever will process my application will also know about it.


Thanks for your help :)
 

pretty_girl

Hero Member
Aug 18, 2014
343
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azhevzhyk said:
CEC. Application received Sept 11, 2014.

You can go to US/Canadian border and apply for an extension of your work permit over there as long as you have a valid work permit.
 

jes_ON

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pretty_girl said:
You can go to US/Canadian border and apply for an extension of your work permit over there as long as you have a valid work permit.
??? This is ONLY true if
a) you are from a visa-exempt country, and
b) if you have an LMIA (or are LMIA-exempt, e.g. under NAFTA) and are applying for a TWP
 

azhevzhyk

Newbie
Jun 17, 2015
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jes_ON said:
??? This is ONLY true if
a) you are from a visa-exempt country, and
b) if you have an LMIA (or are LMIA-exempt, e.g. under NAFTA) and are applying for a TWP
Yeah I cant do that.. Unfortunately. We were supposed to go to our friend's wedding in Boston in July, but because of my "situation" I cant leave Canada without any papers.
Hope CIC will rush and get everything organized. Can not even image how many applications they have to process :(