Lmo application rejected while work permit is in processing

[Robbie2014]

Hi there
I'm the employer, have a worker from Italy who was on a working holiday visa that was about to expire. I had submitted an application for an lmo and within the two weeks before her visa expiring we submitted the work permit application with an lmo file number.
Her visa is now expired and I was just contacted to say that the lmo application was rejected but for me to re-submit the lmo application under a different code. However I have to advertise the position for a month first. Should we let the work permit know of this application being rejected or should we just try and get another lmo application in and provide them with a new file number after the fact?
Not sure what to do...help please

 

[PMM]

Hi

Hi there
I'm the employer, have a worker from Italy who was on a working holiday visa that was about to expire. I had submitted an application for an lmo and within the two weeks before her visa expiring we submitted the work permit application with an lmo file number.
Her visa is now expired and I was just contacted to say that the lmo application was rejected but for me to re-submit the lmo application under a different code. However I have to advertise the position for a month first. Should we let the work permit know of this application being rejected or should we just try and get another lmo application in and provide them with a new file number after the fact?
Not sure what to do...help please

You realize that your work has to stop working when the IEC expires as it is not extendable? There is no implied status with a person holding an IEC work permit. S/he is going to have to apply for an extension as a visitor to wait the LMO processing time which could run close to 4 months with the advertising of the position.

 

[Robbie2014]

We didn't apply for an extension, we applied under the skilled worker program which she qualified for. I just don't want her to have to leave the country because the guy at the lmo basically told me that if I submit a new lmo application under the category he told me that she will more then likely get approved. However, I'm afraid once we inform the work permit people that the first lmo got rejected they are going to make her leave and she is an integral part of the business at this point.
So is it possible for me to hold off informing them that I have to do a new lmo application? And then provide them with a new system file once I submit the new lmo application?