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Implied status recent refusals

SP55555

Full Member
Mar 14, 2024
46
1
Hello,
my partner and I are waiting for an LMIA. Our visa expires in 1 month, so it probably won't come in time, and we have assessed several options with our lawyer. He told us that one of the most common options until recently was to request an implied status while waiting for the LMIA response, but he said that recently officials have been ordered to reject them.

Has anyone had any recent experience and do you know if this is the case?

Thanks
 

Ponga

VIP Member
Oct 22, 2013
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Hello,
my partner and I are waiting for an LMIA. Our visa expires in 1 month, so it probably won't come in time, and we have assessed several options with our lawyer. He told us that one of the most common options until recently was to request an implied status while waiting for the LMIA response, but he said that recently officials have been ordered to reject them.

Has anyone had any recent experience and do you know if this is the case?

Thanks
How does someone `request' an implied (now Maintained) status?

Just apply to extend your visitor status yourselves. No need to pay your lawyer to do it for you.
As long as you submit the application before your current visa(a) expire, you will have Maintained Status while awaiting a decision from IRCC.

Never heard of `officials' being ordered to reject them. Perhaps your lawyer could provide you with a source, which you could then share here.
 

SP55555

Full Member
Mar 14, 2024
46
1
Hi thanks for your answer. We don't want to change to visitor because we want to continue working. The thing that we talked with the layer was to change to maintained status while our LMIA is on process, in order to don't stop working
 

Ponga

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Oct 22, 2013
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Hi thanks for your answer. We don't want to change to visitor because we want to continue working. The thing that we talked with the layer was to change to maintained status while our LMIA is on process, in order to don't stop working
But you don't `change to maintained status'. This happens automatically when you apply to extend, or change, your current status.

Has your lawyer not done this before?:rolleyes:
 

YVR123

VIP Member
Jul 27, 2017
7,412
2,885
Hi thanks for your answer. We don't want to change to visitor because we want to continue working. The thing that we talked with the layer was to change to maintained status while our LMIA is on process, in order to don't stop working
Well, your choice is to run out of status while waiting for your LMIA.
or apply to extend your stay as a visitor. Unless your current work permit allow application of extension, I don't see a way that you can continue to work.
 

Copingwithlife

VIP Member
Jul 29, 2018
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Well, your choice is to run out of status while waiting for your LMIA.
or apply to extend your stay as a visitor. Unless your current work permit allow application of extension, I don't see a way that you can continue to work.
Because people attempt to game the system by asking for an extension knowing it’ll be refused so they can continue to work

If immigration was on the ball it would be an automatic refusal of that and any subsequent applications related to it just as a penalty for attempting to game the system

https://www.canadavisa.com/canada-immigration-discussion-board/threads/critical-situation.852318/

They are on a WHV, knowing it’s non extendable . Once again , gaming the system


“Hello,
my partner and I are in a critical situation. Our visa expires on September 7th (we are on a 1 year WHV with no possibility of extension)”
 
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SP55555

Full Member
Mar 14, 2024
46
1
Hi. No, that is incorrect. It won´t be an extension of my current work permit, it would be a new application to a new work permit (as common-law of a closed work permit holder). Non extension means that I can´t extend my current WHV.
 

canuck78

VIP Member
Jun 18, 2017
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Hi. No, that is incorrect. It won´t be an extension of my current work permit, it would be a new application to a new work permit (as common-law of a closed work permit holder). Non extension means that I can´t extend my current WHV.
Based on your specific types of WPs that don’t qualify for extensions you’d be applying for a new closed work permit.
 

SP55555

Full Member
Mar 14, 2024
46
1
Yes, that is what my girlfriend will do. I will apply for an open work permit (new, not extension) through her. Thanks for your answer!
 

Ponga

VIP Member
Oct 22, 2013
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Yes, that is what my girlfriend will do. I will apply for an open work permit (new, not extension) through her. Thanks for your answer!
Is she your `girlfriend', or is she a common-law partner? Was not aware that a boyfriend can obtain a WP through their girlfriend.
 
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SP55555

Full Member
Mar 14, 2024
46
1
It is "genius", not "genious" - those two are completely two different terms.
Thanks, I understand that you have a frustrated lawyer career and you are on a forum trying to show that you know anything, but trying to correct a non native speaker while escape for given me a useful answer says a lot of your sad situation. Sorry for that GENIUS.