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LMO Clusterfart! options?

workerd

Newbie
Mar 4, 2012
4
0
The immigration saga continues...

I've been at my job for over 2 years on an open post grad work permit. I applied for PR back in Sept under the CEC class. My employer sent in a LMO application back in November. He got a request for more info on dec 10, & sent in the requested info right away. Then, in January, he got a refusal letter because he supposedly hadn't sent in the requested info. He re-sent the info & called on Mar 6 to determine status and was told the case was closed because it had been refused. No notes etc had been entered indicating he had communicated with Service Canada and provided the info. Finally the Service Canada person gave him an alternate fax number. No wonder employers are reluctant to go through the LMO process!

To put a cherry on it, my boss got a call from Service Canada questioning my wage and it looks like the LMO may be refused. My work permit expires on Mar 26, less than 2 weeks. I have already sent in the work permit app for concurrent processing.

So if the LMO is refused, do I have to leave Canada by Mar 26 or do I get some kind of implied status?
Is there any other avenue for me to keep my job?

Alternately, there is a possibility my wife can pick up enough hours at work (30 total) to qualify for a work permit as the primary applicant. Can her employer change her conditions and apply for an LMO and we re-submit for work permits based on her employment?

If only service canada had dealt with this earlier at least I could have a plan in place. What a mess. Any advice or even sympathy would be welcomed.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
1. You have applied for an extension of your work permit before the current one expires, so you will have implied status from Mar 27th and can stay in Canada until a decision is made on your permit extension.

2. If LMO is refused, you do not have to leave Canada. But if you are not able to obtain a positive LMO by the time CIC processes your application, they will reject it.

3. If the permit extension application is rejected, you must stop working. You will have 90 days from the date of refusal to apply for restoration of your status AND a new work permit(if you have a positive LMO then) OR for restoration AND change status to visitor(not permitted to work).

I don't know the answers to your other questions.