Issue with LMO

[Bunty1981]

Hi,
Just wanted to get suggestion regarding my case.

I have entered canada in July 2010 with closed work permit and since then worked for Employer A till 2011 dec. and in december only my new employer (B) has filed LMO application for me.
Unfortunately, i did not receive my LMO for next 6 months i.e. till Jun 2012
but i was working for New Employer (B) with Valid Work Permit from Employer (A) and i was told that my application is in Implied status and i can still work legally.
Later in July i have received a valid Work permit for my new employer and i am currently working with new employer now and i have completed my 2 years 4 months of experience till now.

The question is, can i apply for CEC? there was no Gap in Work Permits but for 6 months i worked for a new Employer with Valid Work permit from my Old Employer.
Or Should i wait till January when CEC rules are changing and then CEC will have only 1 Year of Experience required.

Lots of Thanks in Advance...

 

[passingby]

Hi,

Apparently, it is a big issue. As your initial closed work permit (for Empl. A) states that you are NOT ALLOWED to work for ANY employer except Empl. A.
Basically you were working illegally, as implied status means extending your CURRENT status until CIC makes decision on your new application

I would definitely suggest to wait till Jan 1

Regards

 

[bahadur30]

This is big issue and illegal to work like that. you have worked for an employer A with work permit from an employer B.

I am surprised how your employer employed you on WP from different employer. when you apply CEC, these things will come out and may have severe consequences..

Please wait until 1 year criteria is announced and try not to show your discrepancies!

 

[SenoritaBella]

Implied status would have been applicable to you if you continued to work for employer A while they processed the new work permit for employer B. The moment you quit employer A, you no longer had implied status and should have waited for the new permit before starting work for them.

This will be a problem for you on two fronts:
1. the employment letter from employer A will show that you had stopped working for them as of Dec 2011
2. the employment letter from employer B will show that you started working for them since Dec 2011

It will be apparent to a visa officer that you worked without authorization for 6 months and you may be asked to leave Canada. I strongly recommend that you seek advice from an immigration lawyer(not consultant) BEFORE you even think of applying for CEC.

It's easy to see how you may have made a mistake - you had a work permit but misunderstood how "implied status" works. Most employers are not familiar with CIC's rules, so you have to look out for yourself in such situations.

 

[bahadur30]

I agree with you SenoritaBella,

I have a question ...on implied status ...How long can I stay on a work Permit working for employer for which WP is issued, after expiration.

Lets say my WP i expiring on Oct 2013... Can I keep working for employer A for which WP is issued and apply for extension!

 

[SenoritaBella]

If the work permit was issued for employer A and expires Oct 2013, you can continue to work for them(under implied status) until a decision is made on your application provided you apply for extension BEFORE the old permit expires.

I agree with you SenoritaBella,

I have a question ...on implied status ...How long can I stay on a work Permit working for employer for which WP is issued, after expiration.

Lets say my WP i expiring on Oct 2013... Can I keep working for employer A for which WP is issued and apply for extension!