dude425 said:
Hello People.
My work Visa ( kitchen helper ) expired on april 12th 2010 with petro canada . I asked my immigration consultant to apply for a new LMO with Shell as a cashier but he refused cause he asked for more money . He also told me that I have 90 days ( july 12th ) to stay legally in canada even after my work visa has expired to apply for a new LMO with Shell . My LMO was recieved by my boss and sent to my immigration consultant in JUne 2010 . He has recieved the processing letter confirmation. My question is , 1 ) Am I illegal and he lied to me about the 90 days extension? 2) If I am legal and I get a refusal on my new work visa with shell , Am I able to apply for political asylum ( my family in the states have thier green cards they also filed for political asylum ) . I am sorry for this long post but I am really scared and I have nowhere to go.
Thank you
Hi Dude,
1) You can legally stay in Canada till the expiry date as mentioned on your Work permit.
2) For example if your WP is expiring on 1st Aug then your employer should have applied for LMO 6 months back. Currently the LMO are valid for only 6 months.
3) If you already have the positive LMO from your employer and are applying for new Work permit, then you have the following option:
a) If you have already applied for new WP and awaiting the response, then you do not have to extend your stay. Then you have 90 days to restore your stay while you wait the outcome of your WP. Please check the website regarding the current timeline for processing WP with old employer.
Now, if you get the new WP before the expiry of your current WP,you are all good. If you get the WP after the expiry of your current WP then you have to go outside Canada (maybe to the borders) to get your WP stamped.
Other scenario:
1) If you are still awaiting the response for your LMO and you are close to the expiry date on your WP then you should immediately apply for Extension of stay (Check CIC website) before the expiry of WP. If you do not then you become illegal.
You should apply (your application should reach the Immigration office before the expiry of WP) for this status before the expiry of your WP...it is absolutely important in order to stay LEGAL. Currently, the processing time for Extensions is taking about 2 months. This interim period is known as "Implied status" which is a legal status. A decision will be made on your application and you will get a Visitor status most of the time it is for 6 months.
When you apply for Extension you have to clearly state why you would want to continue to live in Canada and also show enough evidence that you have ties back home.
2) If you already have the positive LMO then you will apply for a new WP. Please check the website regarding the current timeline for processing WP with old employer. In this case you are not applying for "Extension of stay" but you have 90 days to provide proof to IO why you did not extend your stay. Dont miss this 90 day period at any cost. Or else you will be labelled 'Illegal" for ever.
Suppose almost by the end of 90 days (restoration period) you do not get any response from Immigration regarding WP then you have to contact Immigration and let them know that your earlier WP had expired on xx date but your employer had applied for LMO and after getting the positive LMO you had applied for WP and is still pending. But since the 90 day period will be over by XX date (from the expiry date of your old WP) your are applying to inform him of the situation and seek guidance.
If your New WP with Shell does not work out then unfortunately you have to return to your country. Since there is a chance of that possibility people generally go ahead with the "exten of stay" rather than the 90 day period wait. It is better to get a visitor status and get your WP stamped from the borders than to return to your country.
The decision is yours.
Mitali
