LMIA application processing time?

[beholder69]

Thats pretty much weird. I can tell you from the first hand that I had implied status while working on IEC. Since my LMO got rejected, after a month I received a letter from Service Canada which stated the exact date when my status stopped to be valid. That date was approx 2 months after expiry date of my WP. I also have many friends who were under implied status after IEC.

I can't find the link now, but I've read the definition of implied status in some Operational Bulletin, which officers use when they assess applications. But here you can find more about it: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

It is clearly written: "If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, R186(u) and R189 (the right to continue working or studying under the same conditions pending a determination of their application for renewal) apply only as long as the person remains in Canada."

Glossary http://www.cic.gc.ca/english/helpcentre/glossary.asp#i says "If a visitor, student or foreign worker applies to extend their status, before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status."

Now, some people are confused with how to get this status, and they think if they only applied for LMO/LMIA, that's sufficient. Well, that's incorrect. You can benefit from implied status ONLY if you asked for extension/renewal of work permit. With that application you are asking to extend your status, what means you are asking to extend a status of a temporary resident, because that's what visitors, students and TFWs are. Also, with concurrent processing you are not asking (and please distinct this) to extend your work permit. Extending work permit is something else. In case of concurrent processing, which means getting applied for LMO/LMIA and work permit in the same time, the applicant fills the form which is called "Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker", what means that the applicant is asking to change the conditions. You are not actually extending your current IEC WP.

It is also questionable how long your friends worked under "implied status" and if they really had it or not.

I just know that it IS possible to have implied status if you are working under IEC, because I personally had it.

You didn't have implied status, you thought you did, as most people who keep working under IEC. If you don't get caught during that time, then there are no issues. It's hardly questionable if my friends were under implied status, they both came here together under working holidays, they were both working at the same workplace for 2 months after their status had expired, while they had already applied for PR (with OWP) before that, very likely that someone called CBSA, they got deported. They used the "implied status" excuse, the answer was very clear, that there's no implied status for work with IEC.

This has been covered multiple times in this and other forums as well, IEC based work permits are not extendable and do not benefit from implied status. CIC has even clearly stated that in a written response to a member here that "youth exchange programs such as International Experience Canada do not benefit from implied status".

Bottom line: the fact that you (and many others) continued working after the status expired and didn't get caught, doesn't mean you had implied status. On the contrary, the fact that CBSA deported 2 people I personally know (and more have claimed the same in forums), pretty much settles it. There's also the added bonus of the CIC response mentioned above, as well as a case specific response from CIC to a high ranked SINP officer who is also a personal friend and asked that on my behalf.

As for the definition in the glossary and your status letter, they were referring to the "implied status" that you do get, as you wrote, to remain in Canada until a decision has been made in your application. You have the right to remain in Canada but not work as IEC is a special agreement with a non-extendable work permit.

 

[beholder69]

And to put it more simple: the answer lies in the definitions that you provided:

First one is about a "renewal" of your work permit. You cannot renew IEC work permits, they are not extendable. Even if you wanted to apply for a new one, you don't get implied status, since they are considered applications "outside" Canada, even if you're inside at the time.

Second one as I explained earlier, actually grants you implied status to remain in Canada until a decision is made on your (different) work permit that you applied for but not to work.

 

[johnny123]

beholder - my employer's friend from BC applied for ELSS PNP after 9 months. He was also under IEC there, work permit was for 1 year. Before his permit expired, they applied for a new one, and he was in implied status. After 5 months of waiting (total time spent working 9+5 = 14) he got nominated by the province, and based on that he became eligible to apply for a new WP with LMIA exemption. In order to get nominated for ELSS stream, you need to maintain your permit all the time through the process. How did he get nominated then?

As you said yourself, officers are sometimes not clear...

Anyway, I found the link: http://publications.gc.ca/collections/collection_2013/cic/Ci63-27-2013-eng.pdf

5.22.
"Work without a work permit R186(u)—Implied status
R186(u) allows for persons to continue working under the conditions of an expired work permit,
as long as they applied for a new work permit before the original work permit expired and have
remained in Canada. Once the decision has been made, the client will either have to leave
Canada or will continue as a worker who holds a valid work permit.
See also OP 11, section 24."

See here OP 11, section 24: http://www.docstoc.com/docs/90419809/OP-11---Temporary-Residents

I also said that there is no such a thing as extending IEC WP, and that they are non extendable.

I understand what you are saying, but I am also sharing my experience....

 

[beholder69]

beholder - my employer's friend from BC applied for ELSS PNP after 9 months. He was also under IEC there, work permit was for 1 year. Before his permit expired, they applied for a new one, and he was in implied status. After 5 months of waiting (total time spent working 9+5 = 14) he got nominated by the province, and based on that he became eligible to apply for a new WP with LMIA exemption. In order to get nominated for ELSS stream, you need to maintain your permit all the time through the process. How did he get nominated then?

As you said yourself, officers are sometimes not clear...

Anyway, I found the link: http://publications.gc.ca/collections/collection_2013/cic/Ci63-27-2013-eng.pdf

5.22.
"Work without a work permit R186(u)—Implied status
R186(u) allows for persons to continue working under the conditions of an expired work permit,
as long as they applied for a new work permit before the original work permit expired and have
remained in Canada. Once the decision has been made, the client will either have to leave
Canada or will continue as a worker who holds a valid work permit.
See also OP 11, section 24."

See here OP 11, section 24: http://www.docstoc.com/docs/90419809/OP-11---Temporary-Residents

I also said that there is no such a thing as extending IEC WP, and that they are non extendable.

I understand what you are saying, but I am also sharing my experience....

It's good to discuss personal experiences and the officers are certainly not clear. In fact even CIC call agents give different advice on the matter, depending on who you talk to. There are even some immigration lawyers who insist there *is* implied status on IEC, while others know there isn't. The thing though is this: if CBSA comes for you, no amount of explanations or other people's personal experiences will work. I witnessed it and it wasn't fun looking at my friends leaving like that.

In any case, written responses are the only thing you can really use against such actions if something goes wrong and CIC was pretty clear about it. However I do have a question regarding your post above. How did your friend apply for a work permit *before* they got nominated? As far as I'm aware, you can only ask for a work permit after you have been nominated and already have AOR on your federal application for PR. Did you mean one based on an LMO? If so, when was the actual work permit application sent within the 1 year and when was it approved?

 

[jaybakerca]

The way i see it in regards to implied status or not. ask yourself..

Is it worth the risk?

If you dont have a definitive answer then why would you risk your future?

I am lucky in that my employer is holding out and waiting for my LMIA to come through, i've now been out of work for 3 weeks, luckily i thought something like this may happen so i decided to save money for my last couple of months of work so i wouldnt have to stress and worry and take vacation time.

My room mate on the other hand (we are both on IEC) has decided to carry on working, thats upto him.

I for one am not willing to risk my future on something that will only take an extra couple of weeks.

 

[ritvik123]

Guys please help me out.

My work permit would expire on November 26th 2014
I have applied for AINP and got the file No recently.
My employer has agreed for LMIA application for work permit extension.
I am a salaried employee 40000$ p.a
I fall under NOC (C category)

I am confused if i fall under high wage rate or low wage rate?
My company has already been advertising for the position i was hired since few months on Indeed.
Is advertising on 1 website good enough?
If the LMO decision is not made until 26th November, how do i extend my work permit till the decision is made and on what basis?


Any input from the experienced guys would be appreciated!
also if you can suggest some good lawyer for LMO in Calgary area?

 

[beholder69]

The way i see it in regards to implied status or not. ask yourself..

Is it worth the risk?

If you dont have a definitive answer then why would you risk your future?

I am lucky in that my employer is holding out and waiting for my LMIA to come through, i've now been out of work for 3 weeks, luckily i thought something like this may happen so i decided to save money for my last couple of months of work so i wouldnt have to stress and worry and take vacation time.

My room mate on the other hand (we are both on IEC) has decided to carry on working, thats upto him.

I for one am not willing to risk my future on something that will only take an extra couple of weeks.

That's indeed the right question. I don't doubt for a moment that the chances of having trouble with this are very, very slim, in fact unless someone snitches on you, it would almost be certain that they won't cross-check records from different organizations in order to get you. And we all agree that it's unfair if that happens, they should give implied status in this case as well and they should be pretty clear about it.

However, for me the choice has been clear. I was a witness to what happened to my friends, we all had the exact same plans when we came here and now they are in limbo as to what to do. This pretty much settled the dilemma for me. This, coupled with the fact the only written response of the organization responsible for this, CIC, has been negative, is more than enough. I do understand those who are willing to risk it, especially if they are tight financially but still consider the suggestion to others that they should be working, to be bad advice.

 

[beholder69]

Guys please help me out.

My work permit would expire on November 26th 2014
I have applied for AINP and got the file No recently.
My employer has agreed for LMIA application for work permit extension.
I am a salaried employee 40000$ p.a
I fall under NOC (C category)

I am confused if i fall under high wage rate or low wage rate?
My company has already been advertising for the position i was hired since few months on Indeed.
Is advertising on 1 website good enough?
If the LMO decision is not made until 26th November, how do i extend my work permit till the decision is made and on what basis?


Any input from the experienced guys would be appreciated!
also if you can suggest some good lawyer for LMO in Calgary area?

Hi,

You belong in the low-skilled stream, however the limit for your province that dictates if you're in the high-wage or low-wage category (so in essence if your employer has a cap or needs a transition plan instead) is $24.30/hr, not sure how this gets compared to your annual salary.

In your case, the advertisement requirements would be:

1) in Job Bank
2) in 2 other media (so just 1 website is not enough on its own, you might want to consider a printed ad in a paper as well) and
3) they need to target underrepresented groups as well (eg aboriginals, youth etc)

In general, the link you have to check for your position is the following: http://www.esdc.gc.ca/eng/jobs/foreign_workers/lower_skilled/index.shtml

What kind of work permit do you currently hold?

 

[ritvik123]

@ beholder thanks for replying...

I am currently on my post graduate work permit...

and advertising through 3 different channels sounds scary

 

[aika1987]

sorry it took so long to add this post.

NOC: 7283
Province: AB
LMO submitted: mid april
Result: approved (end of July)

So here we are! (me and my husband - his LMO was rejected end of July, and he applied for SOWP) we get 2 years WP at the port of entry. Took maybe 15 minutes, officer checked only my LMIA, nothing else.
finger crossed for those who are still waiting!

 

[Lady M]

Hi,every body ,just wondering if somebody can help with same info: so ,my husband is working as a maintenance manager for an mechanic shop,he has already 3,5 years working in Canada and his boss want to apply for an LMIA now for my husband in order to keep him here,will be first time when his boss will apply for LMIA.At this moment my husband is in open work permit but ones this open work permit will expire he will be not able to extend that his boss want to apply for LMIA and we are thinking to hire an consultant or something to be sure the paper will be well done. Can anyone recommend somebody with experience in this process? They also will need to fill transition plan so we are looking for somebody who can do this and move faster...We are in Grande Prairie ,Alberta and maybe we can find something close.

 

[jaybakerca]

I work for a casino so my backchecks and aglc information is linked to my employer.

I for one wasnt willing to put my employer at risk either by continuing to work.

We get constant checks from the AGLC with our numbers, had they traced it back to my file and seen that my permit expired, there is nothing stopping them from reporting to me.

Not worth it in the end.

 

[dh5689]

Hi!

Right now i'm going to apply LMIA for position of Retail trade manager..(0621)..its in high skill but below the median wage in my area..so i'm bit confuse about the duration of my work permit?..how long it would be?? is it two years or one??..its really confusing!!

 

[johnny123]

How did your friend apply for a work permit *before* they got nominated? As far as I'm aware, you can only ask for a work permit after you have been nominated and already have AOR on your federal application for PR. Did you mean one based on an LMO? If so, when was the actual work permit application sent within the 1 year and when was it approved?

They applied for LMO and WP before his IEC WP expired. It was not approved, but it made it possible to maintain employee status (aka to work), what was necessary to get the nomination under ELSS category. After he got nominated, he submitted another application, but just for WP, because he became LMO exempt. I don't know the exact dates.

 

[jaybakerca]

As part of the advertising process, do the job ads only have to be up for the 1 month stipulated or longer?

I noticed that my ads on kijii, indeed and job bank are still listed from when my application began at the beginning of July. They still get bumped to the top of the pages too.

As I have noticed the advertising side of things is where people are getting hit. Just wanted to make sure I was covered! Man I just want this to be over. Worst experience of my life. My future hanging in the balance of a simple yes or no