LMIA/LMO Processing times Alberta

[kryt0n]

Hi all,

I just need some advice on my current situation. I am currently on a working holiday visa.

My employer is sponsoring me and has been sending and receiving back incomplete application forms since August - approx 6.

On Monday 22nd September, after a long phone call with the officer, he sent off what he believed was the complete application.

It is now 30th September and we have not received an incomplete one back so we are hopeful that it is complete.

My working holiday visa runs out on 11th October. If we receive the submission number this week or next week can I apply for an extension and be on implied status (work) until we get a final decision. I read that I need to submit this 2 weeks before the current visa runs out however have many friends in the same situation currently on implied status who sent off the extension permit just 24 hours before the visa runs out.

What is the time frame from sending off the LMIA paperwork to receiving a submission number. My boss has been sending everything via fax and for the incomplete applications he received information back via fax within 5 days.

Any help/experience/advice?

Thank you

 

[scylla]

Working holiday visas are different than other work permits in that they don't benefit from implied status. Unfortunately you'll have to stop working as soon as your IEC expires unless you actually have a new and approved work permit in hand.

 

[kryt0n]

Thank you, but If that's the case then half of Banff, AB are working illegally. Can I ask where you have this information from?

 

[kryt0n]

Also, having done the eligibility questionnaire and stating that I am on a working holiday visa it says I am eligable and can use a submission number to apply for extension.

 

[aika1987]

my proccessing time in Alberta
NOC: 7293
Province: AB
LMO submitted: mid february
Result: july 17th rejected

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

are U on IEC? remember - there is NO IMPLIED STATUS ON IEC! you can send application for WP while waiting for LIMA, but you can not work. I think better option is change your status for visitor, and applied again when you will get positive LIMA. based on my experience...

 

[kryt0n]

You waited 5 months for it to be rejected? That's terrible.

I am very confused over this implied status business.

When my IEC runs out, surely I am on implied status for my LMIA. I'm working with the assumption I will obtain my LMIA?

I currently have 3 friends working past IEC waiting for LMIA and have 2 friends who spent 2 months on implied status past IEC expiration.

 

[aika1987]

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Implied Status - Temporary Residents

As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.

If you leave Canada while under implied status, you may be authorized to:

Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
are temporary resident visa (TRV) exempt;
held a valid multiple-entry visa before leaving Canada; or
travelled only to the United States** and/or St.Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.

* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.

**Including its Territories and Possessions.

 

[beholder69]

You waited 5 months for it to be rejected? That's terrible.

I am very confused over this implied status business.

When my IEC runs out, surely I am on implied status for my LMIA. I'm working with the assumption I will obtain my LMIA?

I currently have 3 friends working past IEC waiting for LMIA and have 2 friends who spent 2 months on implied status past IEC expiration.

They are all working illegally. This subject is coming up in the forum almost daily and has been answered/covered in depth.

 

[kryt0n]

Thank you for your help.

My boss is going to call the case working this week and ask if my LMIA can be rushed as his business may need to close if I cannot work.

We would be able to support ourselves as visitors for 2 months tops. If the LMIA decision can be rushed then maybe we can stay.

Why does this have to be so hard? We're young and we want to work in Canada and support the economy. Why does this have to be so difficult?

 

[jaybakerca]

If you're thinking it will be "rushed" you are very much mistaken, it will take a minimum of 6 weeks.

 

[kryt0n]

I was thinking 6 weeks would be rushing. As I said, we could support ourselves for 8 weeks as visitors but no longer.

From what I've read 6 weeks would be ideal.

My original question was how long does it take from sending in the application (via fax) to getting the submission number - not the full result?

 

[kryt0n]

OK, I can't get a clear answer anywhere here.

Can someone please tell me my steps options now?

IEC runs out October 11th.

If my LMIA takes 8 weeks, can I begin working the instant it is approved online or before then? Do I need a restoration of status?

Any help would be appreciated

 

[scylla]

OK, I can't get a clear answer anywhere here.

Can someone please tell me my steps options now?

IEC runs out October 11th.

If my LMIA takes 8 weeks, can I begin working the instant it is approved online or before then? Do I need a restoration of status?

Any help would be appreciated

No - you can't begin working once the LMIA is approved. You need a new approved work permit before you can start working again. An LMIA isn't a work permit. I would apply to change your status to visitor before your work permit expires. That way you won't have to apply to restore your status. As soon as the LMIA is approved and you have a copy, you can flagpole (go to a land border) and obtain a work permit.

 

[aika1987]

No - you can't begin working once the LMIA is approved. You need a new approved work permit before you can start working again. An LMIA isn't a work permit. I would apply to change your status to visitor before your work permit expires. That way you won't have to apply to restore your status. As soon as the LMIA is approved and you have a copy, you can flagpole (go to a land border) and obtain a work permit.

I agree with scylla. The best solution for you. Wait till Oct 9th and apply for visitor visa. And stop working Oct 11th!

 

[kryt0n]

Hi all,

I contacted CIC directly.

I stated my situation that I was on an IEC moving toward an LMO waiting for aprroval from my LMIA.

She stated I can continue working until the decision has been made. I confirmed if the IEC would be a problem - she said no.

Sir, Madam,

Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Still awaiting the Labour Market Impact Assessment (LMIA) confirmation or the Certificat d’acceptation du Québec (CAQ)

If you are ready to submit a work permit application and are still waiting for a Labour Market Impact Assessment (LMIA) or a Certificat d’acceptation du Québec (CAQ), you may submit the work permit application only within 2 weeks of the expiry date of your status and include proof that the LMIA/CAQ request was made. You must:

Include a copy of the application sent to Employment and Social Development Canada /Immigration Québec, or
Include a copy of the receipt confirmation number, if the request was done online, or
Indicate, in section Details of Intended Work in Canada of the Work Permit application,
the date the LMIA/CAQ request was sent,
which office it was sent to,
the employer’s name, and
the confirmation number for the submission, if available.
You must contact our Call Centre with the LMIA/CAQ confirmation number within 2 months of the reception date of your application; otherwise the Case Processing Centre may refuse the application.

Please note that if you are waiting for your CAQ, you cannot submit the application online. You must submit a paper application. You may fill out the application online and print it or print it and fill it out by hand. You must then send it to the mailing address specified in the Instruction Guide.






Implied status - Temporary resident

If you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a temporary resident (TR) until a decision is made on the application. This is known as an implied status.

If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit only if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying, if applicable, before the expiry date of your permit.

If you leave Canada while under implied status, you may be authorized to re-enter Canada:

As a TR, if your application to extend your stay has not yet been approved*. This applies to you, among other things, if:
are temporary resident visa (TRV) exempt,
held a valid multiple-entry visa upon your return to Canada, or
you have travelled only to the United States** and/or St.Pierre and Miquelon and return to Canada before your status as a visitor, student or worker expires; and
the officer at the port of entry is satisfied that you have sufficient means of support,
As a worker or student, if the officer determines that your application to extend your work/study permit was approved while you were outside Canada, or
If you are eligible to apply for a new work or study permit at your arrival in Canada.
For more information on implied status, please consult our website.

* You will not be permitted to work/study until you receive your new permit.
** Including its Territories and Possessions.