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LMO / Work Permit / New Employer

theoffspring

Full Member
Jul 19, 2012
33
7
I have a question regarding LMO, work permits, and changing jobs! Hopefully someone here can help me!

Here is a timeline of events for me in Canada:

2004 - 2009 -- University in Canada
2009 -- Obtained 3-year open work permit (Post Graduate Work Permit Program)
2010 -- Started work at employer "ABC".
2012 -- Open work permit was about to expire, so employer ABC filed for LMO and received it. Then applied for work permit and received 2 year work permit tied to employer ABC.

2012 -- Received new job offer from employer "DEF" and they filed for A-LMO, which was also approved and received. Now, new work permit application has been filed.


Here's my question. I currently have a valid work permit and valid SIN. I have a positive LMO for my new employer and just waiting for my new work permit to come in the mail. Can I switch jobs and start working with the new employer under "implied status"?
 

scaryclare

Star Member
Jun 20, 2012
99
0
NO, implied status would only be if you were waiting on the visa for the same employer but because its for a new employer you must wait until you receive the visa.
 

scylla

VIP Member
Jun 8, 2010
95,905
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No you can't. Implied status doesn't work that way. You currently have a closed work permit that only authorizes you to work for your first employer. You must wait until you have your new work permit before you start with the new employer.
 

out

Hero Member
Jun 23, 2012
354
5
implied status will not work and is not intended for a new employer waiting for a new work permit.

implie status only works for a renewal or extended work permit of the same employer applied for.
 

theoffspring

Full Member
Jul 19, 2012
33
7
Hey,

Thanks for the information. A follow up question I have is, if I were to take my documentation (valid TRV, valid LMO, job contract, etc.) to a point of entry (buffalo?), can I get my work permit processed there? I have heard of some people doing this.

Regards,
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Are you from a country who does not need visa to enter Canada? If you are then you can get your WP from the border otherwise you have to send and apply for the WP renewal at CPC-Vegreville.

theoffspring said:
Hey,

Thanks for the information. A follow up question I have is, if I were to take my documentation (valid TRV, valid LMO, job contract, etc.) to a point of entry (buffalo?), can I get my work permit processed there? I have heard of some people doing this.

Regards,
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
You can certainly try but the guideline is for those who do not need visa to enter Canada.

http://www.cbsa-asfc.gc.ca/publications/twfp-ptet/twfp-ptet-eng.html

Who can apply for a work permit at a port of entry?

nationals or permanent residents of the United States, Greenland, and Saint-Pierre and Miquelon;
persons whose employment does not require a labour market opinion or a temporary resident visa;
persons who require a labour market opinion and a positive opinion has been issued before they enter Canada; and
persons whose work permit has been approved but not issued.


theoffspring said:
Even if I already have a valid visa that will allow me re-enter regardless??
 

shashankp

Newbie
Jun 20, 2012
3
0
Hi Everyone ,
My story so far :
Applied for lmo and got a negative lmo " reason " You have not demonstrated sufficient efforts in hiring canadians in the occupation" .
My employer's lawyer advertised for 7 days instead of 14 days. ( Big Mistake)
My status in canada as a student is getting over in 3 more days .
Employer is ready to apply for a second LMO with proper documentation.

Current:
We have already advertised for the second time and have to wait for a minimum of 14 days to re-apply for my lmo .
1 . Can i apply for lmo ( accelerated lmo , Ontario) during the restoration period ?
2. After lmo approval can i get work permit + restoration ?

or
3. Since i have time ( 3 more days as a student status) i can apply for extension and change my status from student to visitor.

and once i get a positive lmo can apply for a work permit .

Guys please help me to solve this problem and get out of this situation .I need your inputs asap .

Thanks all
 

theoffspring

Full Member
Jul 19, 2012
33
7
1) Apply for renewal of Work Permit immediately. Add a cover letter stating that you are still waiting to hear on the decision of your LMO. DO NOT wait until your status expires! This will just make it a longer process for you since you will have to reapply. CIC will hold your application (I have heard up to two months) to provide the LMO. This also puts you under implied status and allows you to continue working.

2) Apply for the LMO immediately and once the decision is made, send it to CIC. Pending any other issues, you should get ur Work Permit.
 

optimus

Full Member
Dec 14, 2011
46
6
Category........
Visa Office......
CPP Ottawa
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
18-01-2013
AOR Received.
26-02-2013
IELTS Request
With App
Med's Request
21-11-2013
Med's Done....
28-11-2013
Passport Req..
11-12-2013
VISA ISSUED...
24-12-2013
LANDED..........
30-12-2013
Hey offspring,
Are you going to try the port of entry option? Do check with your lawyer whether you need to get the medical exam done before applying.
It may not be necessary if you are inside canada for the past six months. But I dont know whether they will accept this for port of entry application.

Please share your experience.
 

theoffspring

Full Member
Jul 19, 2012
33
7
Hey All,

I will definitely be trying the flag pole for my and will get back to everyone here. I have been in Canada 6 years (5 years as a university student and 1 year working). So I doubt I would have to do a medical, but lets see.

I won't be going until mid-September, but when I do I will share my experience with everyone.
 

bananawolf

Full Member
Dec 8, 2009
20
0
theoffspring: I guess in mid-September you will have your new work permit because you said you have already sent the work permit application.
 

Indocanda

Star Member
Mar 20, 2012
121
2
when you got your LMO, was that valid for 2 years? Usually LMO will be issued for 1 year and then you apply for a work permit. Just wanted to know If LMO approved for 1 year and your Work permit was approved for 2 years.

Can you please confirm?

theoffspring said:
I have a question regarding LMO, work permits, and changing jobs! Hopefully someone here can help me!

Here is a timeline of events for me in Canada:

2004 - 2009 -- University in Canada
2009 -- Obtained 3-year open work permit (Post Graduate Work Permit Program)
2010 -- Started work at employer "ABC".
2012 -- Open work permit was about to expire, so employer ABC filed for LMO and received it. Then applied for work permit and received 2 year work permit tied to employer ABC.

2012 -- Received new job offer from employer "DEF" and they filed for A-LMO, which was also approved and received. Now, new work permit application has been filed.


Here's my question. I currently have a valid work permit and valid SIN. I have a positive LMO for my new employer and just waiting for my new work permit to come in the mail. Can I switch jobs and start working with the new employer under "implied status"?