Implied status while waiting for LMIA

[SP55555]

Hello,
my partner is being sponsored by his employer. We are currently awaiting whether the LMIA is positive or negative. Our current visa expires on September 7 (we are both on an open work permit from a Working Holiday Visa). Our lawyer proposed the following, among other options:

- My partner would apply for a new work permit while awaiting resolution of his LMIA, whereupon he would have a mantained status and we could continue working until the LMIA is positive, or we are rejected.
- I would apply for an Open Work Permit with my partner's common law, being the same scenario as above.

Any advice or recommendations?

 

[vaffan405]

Hello,
my partner is being sponsored by his employer. We are currently awaiting whether the LMIA is positive or negative. Our current visa expires on September 7 (we are both on an open work permit from a Working Holiday Visa). Our lawyer proposed the following, among other options:

- My partner would apply for a new work permit while awaiting resolution of his LMIA, whereupon he would have a mantained status and we could continue working until the LMIA is positive, or we are rejected.
- I would apply for an Open Work Permit with my partner's common law, being the same scenario as above.

Any advice or recommendations?

I believe your partner can apply to extend his work permit while waiting on LMIA. If the decision comes back negative (wp refusal) then he would be on maintained status (90 days)

 

[venu2555]

This is regarding the LMIA application, when we applied the processing time is 54 days and we crossed more than 75 business days.

1) Also my extension is still under process not really sure till how long it's going to be on hold.

So question is , is my extension will be hold right until lmia decision made ?
Please please

 

[vaffan405]

This is regarding the LMIA application, when we applied the processing time is 54 days and we crossed more than 75 business days.

1) Also my extension is still under process not really sure till how long it's going to be on hold.

So question is , is my extension will be hold right until lmia decision made ?
Please please

hi, did you apply to extend your work permit?

 

[venu2555]

Yes , already applied extension..

 

[vaffan405]

This is regarding the LMIA application, when we applied the processing time is 54 days and we crossed more than 75 business days.

1) Also my extension is still under process not really sure till how long it's going to be on hold.

So question is , is my extension will be hold right until lmia decision made ?
Please please

hi, did you apply to extend your work permit?

Yes , already applied extension..

so, my long story short:
I applied for an extension in November last year, at the same time my employer applied for a LMIA.
In February 2024, I received a letter that the extension got refused as the LMIA hadn’t been approved. In May, we finally got the LMIA, but since my implied status was expiring (you have 90 days to be legally in country-without working) we had to apply for restoration of status and a new work permit after we received the LMIA approval.
So I finally received the new work permit by August. But was basically not allowed to work from February until August.
I would suggest that if you receive the extension refusal before the LMIA approval, ask your bank for a loan as you will be stuck in the country without permission to legally work.
Hope this helps!

 

[venu2555]

Okay question is , Did you notify to Ircc in that time , your lmia is under process?

 

[vaffan405]

Yes, of course. When we applied for the work permit extension, we sent the LMIA application number alongside

 

[venu2555]

Okay got it .. thank you for clarification