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JCBB

Star Member
Feb 24, 2024
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Hello,

me and my partner were in maintained status after applying for a work permit, waiting for the LMIA. Because the response to the LMIA has not arrived yet, today they have informed her that they are rejecting her work permit. In the letter it says this:
[X] After considering all the circumstances of your case, your application for a work permit cannot be approved as requested in section R203 of the Immigration and Refugee Protection Regulations. You do not have a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.
[X] We also wish to inform you that your temporary resident status expired on 2024-12-11. You may apply for reinstatement if, within 90 days of the expiration of your temporary resident status, you submit:
- a completed application form;
- the applicable fees for reinstatement and for the immigration document(s). Payments must be made online at www.cic.gc.ca. When you are finished, you must print the payment receipt and include it with your application.
- All required documents in support of your application must be submitted.

My question is: is there any way, regardless of whether the LMIA arrives, that I can continue to work non-stop.

Another question is: in my case, I have not received the notice yet (I applied as her common-law, she received it this morning).

And last ones: if I receive the notification, would my employer have problems for pay me just after that day? I ask because maybe the SIN number is automatically deactivated.

Does my health coverage expire also?

Thanks!
 
Hello,

me and my partner were in maintained status after applying for a work permit, waiting for the LMIA. Because the response to the LMIA has not arrived yet, today they have informed her that they are rejecting her work permit. In the letter it says this:
[X] After considering all the circumstances of your case, your application for a work permit cannot be approved as requested in section R203 of the Immigration and Refugee Protection Regulations. You do not have a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.
[X] We also wish to inform you that your temporary resident status expired on 2024-12-11. You may apply for reinstatement if, within 90 days of the expiration of your temporary resident status, you submit:
- a completed application form;
- the applicable fees for reinstatement and for the immigration document(s). Payments must be made online at www.cic.gc.ca. When you are finished, you must print the payment receipt and include it with your application.
- All required documents in support of your application must be submitted.

My question is: is there any way, regardless of whether the LMIA arrives, that I can continue to work non-stop.

Another question is: in my case, I have not received the notice yet (I applied as her common-law, she received it this morning).

And last ones: if I receive the notification, would my employer have problems for pay me just after that day? I ask because maybe the SIN number is automatically deactivated.

Does my health coverage expire also?

Thanks!

It sounds like your wife received the refusal letter and not you. If so then you can continue working until you receive your refusal letter and then you have to stop. I don't see how you can continue working without stopping since you will be out of status.
 
Hello,

me and my partner were in maintained status after applying for a work permit, waiting for the LMIA. Because the response to the LMIA has not arrived yet, today they have informed her that they are rejecting her work permit. In the letter it says this:
[X] After considering all the circumstances of your case, your application for a work permit cannot be approved as requested in section R203 of the Immigration and Refugee Protection Regulations. You do not have a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.
[X] We also wish to inform you that your temporary resident status expired on 2024-12-11. You may apply for reinstatement if, within 90 days of the expiration of your temporary resident status, you submit:
- a completed application form;
- the applicable fees for reinstatement and for the immigration document(s). Payments must be made online at www.cic.gc.ca. When you are finished, you must print the payment receipt and include it with your application.
- All required documents in support of your application must be submitted.

My question is: is there any way, regardless of whether the LMIA arrives, that I can continue to work non-stop.

Another question is: in my case, I have not received the notice yet (I applied as her common-law, she received it this morning).

And last ones: if I receive the notification, would my employer have problems for pay me just after that day? I ask because maybe the SIN number is automatically deactivated.

Does my health coverage expire also?

Thanks!
You were already advised about this in previous postings .
You were on IEC which are non extendable . You elected to apply for a work permit without an LMIA, to continue working on maintained status . Well you’ve been told now they don’t qualify
 
You were already advised about this in previous postings .
You were on IEC which are non extendable . You elected to apply for a work permit without an LMIA, to continue working on maintained status . Well you’ve been told now they don’t qualify

The IEC is not the issue. IRCC clarified a number of years ago that IECs benefit from implied status. The issue is that it has taken the LMIA too long to be approved and IRCC has moved to make a decision in the work permit application which of course is a refusal since there's no approved LMIA.
 
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The IEC is not the issue. IRCC clarified a number of years ago that IECs benefit from implied status. The issue is that it has taken the LMIA too long to be approved and IRCC has moved to make a decision in the work permit application which of course is a refusal since there's no approved LMIA.
Regardless it didn’t work out as planned
 
You were already advised about this in previous postings .
You were on IEC which are non extendable . You elected to apply for a work permit without an LMIA, to continue working on maintained status . Well you’ve been told now they don’t qualify
You are talking about two completely different things, maybe for misunderstanding. You CAN apply to new work permit after IEC. EXTEND doesn´t mean the same that apply to a new one.
Your statement has turned out to be false. What has happened (in case someone asks again not to be misinformed), is that the LMIA has taken much longer to arrive than the response to the work permit.
 
The IEC is not the issue. IRCC clarified a number of years ago that IECs benefit from implied status. The issue is that it has taken the LMIA too long to be approved and IRCC has moved to make a decision in the work permit application which of course is a refusal since there's no approved LMIA.
That is exactly what happened. Thanks! You are one of the few who always get it right.

Thanks for your info!