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LMIA Based Closed Work Permit Processing Delayed

dimebag77

Full Member
Aug 13, 2024
28
2
I applied for a work permit from within Canada, but the final decision has not been made for over five months. As a visitor, I have been staying in Canada for six months now. Could someone with knowledge about this situation clarify whether such prolonged processing times are normal? Also, since my work permit application is still pending, is it permissible for me to stay in Canada for more than six months as a visitor? I would appreciate any insights or advice on how to handle this situation.
 

Naturgrl

VIP Member
Apr 5, 2020
43,346
9,094
I applied for a work permit from within Canada, but the final decision has not been made for over five months. As a visitor, I have been staying in Canada for six months now. Could someone with knowledge about this situation clarify whether such prolonged processing times are normal? Also, since my work permit application is still pending, is it permissible for me to stay in Canada for more than six months as a visitor? I would appreciate any insights or advice on how to handle this situation.
When did you enter Canada…exact date? If it is past 6 months since you entered (unless CBSA stamped a different date) then you are now out of status. You need to restore status to visitor. As for WP processing, it can take many months depending on your LMIA and NOC. What is NOC and what documentation did you prove that you can do the job?
 
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dimebag77

Full Member
Aug 13, 2024
28
2
When did you enter Canada…exact date? If it is past 6 months since you entered (unless CBSA stamped a different date) then you are now out of status. You need to restore status to visitor. As for WP processing, it can take many months depending on your LMIA and NOC. What is NOC and what documentation did you prove that you can do the job?
Thank you for your insights, my NOC code is 12013, and I have provided extensive experience related to this position. Although CBSA did not stamp my passport, I am aware that I have been in Canada for six months. Some friends have informed me that, since I have a pending application, I should not worry about my stay because I am automatically under implied status. Could you clarify if this is correct?
 

Naturgrl

VIP Member
Apr 5, 2020
43,346
9,094
Thank you for your insights, my NOC code is 12013, and I have provided extensive experience related to this position. Although CBSA did not stamp my passport, I am aware that I have been in Canada for six months. Some friends have informed me that, since I have a pending application, I should not worry about my stay because I am automatically under implied status. Could you clarify if this is correct?
So you included ECA as that is a requirement of the NOC. You are most likely out of status since applying for a work permit doesn’t give you implied status. You are still a visitor not a worker.
 

dimebag77

Full Member
Aug 13, 2024
28
2
So you included ECA as that is a requirement of the NOC. You are most likely out of status since applying for a work permit doesn’t give you implied status. You are still a visitor not a worker.
Thank you for your response, this is very helpful.