In Canada as Visitor, LMO process and etc.

[zephyr18]

Hi,

The scenario below is assumption and I hope any of you can demonstrate the best course of action.

I am in Canada as visitor and my employer applied for LMO.

Visitor is granted to stay in Canada for 6 months and my time is coming to an end. However, LMO is not out yet.

What actions should I take in this situation?



Should I stay in Canada until further notice about LMO process although I already stayed in Canada for 6 months?

or

Go back to where I am from and wait. Once positive LMO is issued, get required copies of documents and bring them with me when I enter Canada. (Airport)


Other options you may suggest can be also helpful. Please help.

Thanks much.

 

[scylla]

Don't stay in Canada illegally. This will work against you when you try to apply for the work permit.

You either need to extend your stay as a visitor or return home.

 

[zephyr18]

Thanks for the reply. So, will second scenario work if I don't extend my stay?

 

[Matthew Iwama]

File for Visitor Visa Extension, wait to receive Visitor Record in mail (cannot leave Canada on implied status). Once you receive LMO, take all necessary paperwork, including proof of VV app to CPC-V and flagpole to get your new WP (bring LMO, job contract with end date, $150, passport and proof of upfront medical)

OR, apply through your country of citizenship for WP (will be much harder)

Easy.

 

[zephyr18]

Thanks Matt. I guess best chance is to stay in Canada and proceed it.

 

[job_seeker]

Note that if you are a first time WP applicant, your application must be sent to a visa/consulate office outside Canada.

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

Who may apply for a work permit from within Canada?

Important: The ability to apply in Canada does not guarantee acceptance. Eligibility criteria for the category of work permit must be met.

The following persons may apply for a work permit from within Canada:

Holders of work or study permits and their family members;
Note: Spouses or common-law partners of highly skilled temporary foreign workers may themselves be authorized to work without first having confirmation from Employment and Social Development Canada (ESDC). In the case of workers destined for Quebec, without having to obtain a CAQ from the Ministère de l’Immigration et des communautés culturelles (MICC). The principal foreign worker must be doing work which is at a level that falls within National Occupational Classification (NOC) Skill Levels O, A or B in order for them to qualify for a work permit. These skill levels include management and professional occupations and technical or skilled tradespersons. For further information on the program and a list of the skill levels in the NOC, refer to our website.

Successful graduates from a program at a Canadian university, community, college, CÉGEP, or publicly funded trade/technical school (or from a Canadian private institution authorized by provincial statute to confer degrees) who wish to work for a maximum of one or two years in employment related to their course of study. The maximum length will depend on the length and location of their studies, and the location of their employer. Graduates must submit an application for a work permit within 90 days of the issuance of your final marks. Their study permit must be valid upon submission of their application for a work permit. For further details refer to the Foreign Workers Manual (see post-graduation employment) located on our Web site or contact the Call Centre;
Persons currently working in Canada, who are not business visitors and who don’t require a work permit, who are applying for secondary employment in Canada;
Holders of temporary resident permits (TRPs) valid for a minimum of 6 months and their family members;
Refugee claimants and persons subject to an unenforceable removal order;
In-Canada permanent resident applicants and their family members who are members of the following classes, determined eligible for permanent resident (PR) status: live-in-caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);
Persons whose work permits were authorized by a visa office abroad, where the permit was not issued at a port of entry;
Mexican citizens who have been admitted to Canada as visitors may apply for a work permit under any North American Free Trade Agreement (NAFTA) category. U.S. citizens admitted as visitors may apply in Canada under the Professional or Intra-company Transferee NAFTA categories only. These provisions are in accordance with reciprocal arrangements.

Thanks Matt. I guess best chance is to stay in Canada and proceed it.

 

[Matthew Iwama]

@ job_seeker - Not true in reality.

Even someone here on a VV from a visa-required country can apply for a WP at the POE if they are familiar with correct procedures

 

[job_seeker]

How does one do it because there are a lot of people who are here on a visitor visa wanting to apply for a work permit. Is going to the border applying for a WP equivalent to applying "abroad"? Used to be that one can send Work permit/visa apps to the US but they have changed rules, so now will "flagpoling" work?

@ job_seeker - Not true in reality.

Even someone here on a VV from a visa-required country can apply for a WP at the POE if they are familiar with correct procedures

 

[Matthew Iwama]

Yes, they are eligible to flagpole but need to be prepared at the POE with the correct documentation and usually a letter from legal counsel because their grounds for applying this way take a bit of manoeuvring.

Here's a brief memo on the process: https://www.dropbox.com/s/ud0csfi3xeu7lq8/Applying%20at%20the%20POE%20for%20WP.pdf

 

[job_seeker]

Okay. Thanks. Got my initial WP by crossing the border but have a TRV-W on my passport. This memo then will work for those who have TRV-V and who needed their initial WP.

Yes, they are eligible to flagpole but need to be prepared at the POE with the correct documentation and usually a letter from legal counsel because their grounds for applying this way take a bit of manoeuvring.

Here's a brief memo on the process: https://www.dropbox.com/s/ud0csfi3xeu7lq8/Applying%20at%20the%20POE%20for%20WP.pdf