lmo in progress but via expires soon

[gepeto21]

Hi,

I'm currently working with my employer on getting a positive a LMO, but I did not apply for a TWP-Visa yet.
My current visa runs out on the 3rd but by then I probably still won't have applied for my new visa, so I need to apply from outside canada. I have a flight to europe on the 8th.


Would they give me any trouble when I leave the country a week later then my current visa is valid to when I leave or come back?

Could I just go to the US and come back to be officially a tourist for that week before my flight gets home?

 

[ditta]

You have to leave Canada at last on the expiry date of your current work permit, it is stated on your immigration document if you have a closer look.
In case you are from a visa-exempt country and you can go to the US without a visa as well, then it is an option for you, but expect questions and some explanation on why you scheduled your flight to a week later. Good luck!

 

[gepeto21]

Is there a possibility that they deny me re-entry for a certain amount of time?

Also, could I apply for a temp resident visa just to get implied status?

 

[ditta]

Yes, you can apply for visitor visa- I have doubts though they would grant it to you, you have to provide explanation on why you would like to extend your stay and a flight is hardly enough. Although if you apply it puts you on implied status while they process it, so you can take your flight and do not have to worry to leave quick. They might deny your request later but the current processing time for visitor visas is at least 50 days (online), that gives you a lots of time.
Does your first question refers to entering the US and coming back? Yes, they can always refuse to let you back in if you cannot convince the officer wwhat your reason is. If you ever overstay a visa next time you come in you have a higher chance for a deeper investigation at the port of entry. Send your visitor visa application in, it worth to loose that 75$ to play it safe.

 

[gepeto21]

thanks for your quick reply!

My plan is to leave for December and to come back in January when my LMO is approved and I applied for my new working visa.

Im just afraid I might get in trouble when I come back in january or when I apply for my visa back home in europe. That is in case i just leave on the 8th without renewing my visa or passing to US.

I could just say I applied for a temp resident visa. The lady on the phone said it takes up to 6 month.

 

[job_seeker]

You can apply for a change of status (I am assuming you have a WP), from that of a worker to that of a visitor. You would be on implied status (as a visitor) until you heard from CPC-Vegreville. You would then be able to stay in Canada and wait for your positive LMO but you can't work. As per the CIC site it takes 107 days to process the application it you send it by mail.

http://www.cic.gc.ca/english/pdf/kits/guides/5551E.PDF guide
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1249E.PDF app
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5558E.PDF checklist

Be sure to attach a copy of the bio page of your passport, and the marked pages when you arrived in Canada and whatever visitor record you have received. Make sure your application is received by CPC-V before the expiration of your current status. And don't forget to send the receipt of payment and keep a copy of whatever you sent, in case you decided to leave so you have proof that you had sent in an extension/change of status application.

 

[ditta]

Gepeto, I have other news for you.
I got off the phone with the Call Centre this afternoon and apparently you can extend your current WP in 2 weeks timeframe before the date it expires if you are waiting for your LMO being processed. It will also allow you to continue working until your LMO comes back and decision will be made on your application. I copy here the part of the e-mail I got from the agent that will help to clear the situation:

Sir, Madam,

Thank you for contacting the Call Centre. I am pleased to provide you with the requested information:


If a person is ready to submit a Work Permit application to the Case Processing Centre in Vegreville, Alberta, and is still waiting for a Labour Market Opinion (LMO) or Certificat d’acceptation du Québec (CAQ), they may submit the work permit application only within 2 weeks of the expiry of their status and include proof that the LMO/CAQ request was made. They must:



include a copy of the application sent to Human Resources and Skills Development Canada/Immigration Québec; or
include a copy of the receipt confirmation number, if the request was done online; or
indicate in section D of the Work Permit application:
the date the LMO/CAQ request was sent;
which office it was sent to;
the employer’s name; and
the confirmation number for the submission, if available.


I hope by this information you can apply for your extention now or you can decide whether you would like to go home and wait out your LMO to come in or stay in Canada.
For the record I`m in the same situation as you, waiting for my LMO for the extention, my only plus is I have my PR in process.

 

[gepeto21]

Hi ditta,

Thanks so much for your information!

I was just reading up on the cic website under point 2:

2. Obtain an application package.

The package includes the application guide and all the forms you need to fill out. Download and print the application package.

Before you fill out the application, you will need:

* a written job offer from your employer
* proof that you meet the requirements of the job (for example, proof of certain education or work experience) and
* the positive labour market opinion on your job offer from Human Resources and Social Development Canada (HRSDC), if one is required. If you are applying for a work permit for a job that requires a Labour Market Opinion (LMO), you must now include the valid LMO with your application. We are no longer accepting work permit applications without valid LMOs.

Im currently on a work and travel visa, not sure if the extension works the same way in that case.

If I would apply, would that mean I couldn't leave canada for that period of time? Last time my application got processed really quick from outside canada, maybe faster than I would from within.

If I don't do anything and just leave a week later than stated in my passport, would they maybe give me any trouble when I come back to canada with my new workpermit?

 

[ditta]

Te quoted information is correct, what I sent you only apply to extentions where the LMO application was made at least 6-8 weeks before the expiry date and only for regular work permits. Are you on a working holiday visa? Which country are you from? I agree that you will get your new work permit quicker outside. Send in an extention and changing conditions for visitor visa if you leave a week later. Don`t gamble with overstaying your visa, yes it can give you troubles later. It is 75$, you can send it in online, it will put you on implied status, so you can leave Canada with no problems and later you can call the Call Centre to cancel your visitor application. It is better to be covered, you only loose the 75$.
If you submit an extention inland you are not suppose to leave Canada while it is in process.

 

[gepeto21]

yes, im on a working holiday visa which is bound to my employer, since it is already my "second" one. I am from Germany, there you can apply for a YMP visa twice

I guess it would be the best option for me to apply for the visitor.


Thanks ditta


on the printable form it gives you the option for "An initial work permit or extension of work permit". So i guess i probably could check this box and apply, but i rather go back for Christmas.

 

[rohitsunny]

Yes, you can apply for visitor visa- I have doubts though they would grant it to you, you have to provide explanation on why you would like to extend your stay and a flight is hardly enough. Although if you apply it puts you on implied status while they process it, so you can take your flight and do not have to worry to leave quick. They might deny your request later but the current processing time for visitor visas is at least 50 days (online), that gives you a lots of time.
Does your first question refers to entering the US and coming back? Yes, they can always refuse to let you back in if you cannot convince the officer wwhat your reason is. If you ever overstay a visa next time you come in you have a higher chance for a deeper investigation at the port of entry. Send your visitor visa application in, it worth to loose that 75$ to play it safe.