LMIA delay - IEC ending soon

[JessG]

Hello,

My partner and I are both here on the IEC Working Holiday, expiring within the next month. (Can't apply for another IEC either, or extend/renew the IECs.)

The plan is to move to a closed WP with LMIA for myself, with a linked Spousal OWP for partner.

My employer put in the LMIA early January, but only found out a week ago that the application was refused as incomplete back in Feb(!!), and the whole thing had to be re-submitted only last week. (Apparently it's not "their job" to notify my employer of their refusal. So my HR assumed it was still in progress the whole time...)

I called the CIC and spoke to an agent about Implied Status / continuing work given my LMIA is not likely to come back before the IECs expire. She assured me that we both can keep working in our jobs as long as the new WPs applications have been submitted any time before our IECs expire (and that we are considered to be extending our stay in Canada as workers). And also, that what I should submit is a special-case closed WP application, when it reaches 2wks until expiry and my LMIA still hasn't come back - http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

My question is.....can I submit this special-case WP application earlier, at 4wks? Or would this run the risk of being denied or rejected? (As I'm relying on the Implied Status here....)
(I need the new WPs in earlier rather than later, as my partners IEC expires slightly before mine does...)

Thanks in advance...

 

[canuck_in_uk]

Hello,

My partner and I are both here on the IEC Working Holiday, expiring within the next month. (Can't apply for another IEC either, or extend/renew the IECs.)

The plan is to move to a closed WP with LMIA for myself, with a linked Spousal OWP for partner.

My employer put in the LMIA early January, but only found out a week ago that the application was refused as incomplete back in Feb(!!), and the whole thing had to be re-submitted only last week. (Apparently it's not "their job" to notify my employer of their refusal. So my HR assumed it was still in progress the whole time...)

I called the CIC and spoke to an agent about Implied Status / continuing work given my LMIA is not likely to come back before the IECs expire. She assured me that we both can keep working in our jobs as long as the new WPs applications have been submitted any time before our IECs expire (and that we are considered to be extending our stay in Canada as workers). And also, that what I should submit is a special-case closed WP application, when it reaches 2wks until expiry and my LMIA still hasn't come back - http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

My question is.....can I submit this special-case WP application earlier, at 4wks? Or would this run the risk of being denied or rejected? (As I'm relying on the Implied Status here....)
(I need the new WPs in earlier rather than later, as my partners IEC expires slightly before mine does...)

Thanks in advance...

It specifically states 2 weeks because the earlier you apply, the less likely it is that the LMIA will be processed in time. IRCC doesn't hold the work permit app indefinitely while waiting on the LMIA. It will increase the risk of refusal.

 

[scylla]

Hello,

My partner and I are both here on the IEC Working Holiday, expiring within the next month. (Can't apply for another IEC either, or extend/renew the IECs.)

The plan is to move to a closed WP with LMIA for myself, with a linked Spousal OWP for partner.

My employer put in the LMIA early January, but only found out a week ago that the application was refused as incomplete back in Feb(!!), and the whole thing had to be re-submitted only last week. (Apparently it's not "their job" to notify my employer of their refusal. So my HR assumed it was still in progress the whole time...)

I called the CIC and spoke to an agent about Implied Status / continuing work given my LMIA is not likely to come back before the IECs expire. She assured me that we both can keep working in our jobs as long as the new WPs applications have been submitted any time before our IECs expire (and that we are considered to be extending our stay in Canada as workers). And also, that what I should submit is a special-case closed WP application, when it reaches 2wks until expiry and my LMIA still hasn't come back - http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17

My question is.....can I submit this special-case WP application earlier, at 4wks? Or would this run the risk of being denied or rejected? (As I'm relying on the Implied Status here....)
(I need the new WPs in earlier rather than later, as my partners IEC expires slightly before mine does...)

Thanks in advance...

You have to wait until you are within the two week period.