Need HELP please!!!! LMO and WORK PERMIT

[Argel]

Hi everyone, I have a question and I try to be as specific as I can.
I am Italian and I have a working holiday visa that will expire on October 25th (so, very soon!!!). As I am working at the moment and both me and my employer are willing to continue our cooperation, I know I should get a (positive) LMO before to apply for a (new) work permit.
My problem is this: my employer can not apply for LMO until October 24th (as he needs to proove he posted the ads required from the process for at least 4 weeks, and the 24th will be the fourth week); so just a day before my current status expires.
Canadian Citizenship and immigration service told me I can apply for a work permit even without a LMO confirmation letter, as my application can be holded for 2 months (then its up to me to provide the officier with the positive LMO by that time). But I still need a LMO reference number to apply for the work permit, that my employer wont give me before the beginning of November, as he wont get the (reference) number right away.
So.....I will be out of my current visa!!! and not able to stay in Canada under the "implied status" that allows me to work under the previous condition until the final decision is made!!!


PLEASE HELP ME!!!!

I dont know what to do!!!

THANKS A LOT IN ADVANCE
Elena

 

[donutbox]

Hi everyone, I have a question and I try to be as specific as I can.
I am Italian and I have a working holiday visa that will expire on October 25th (so, very soon!!!). As I am working at the moment and both me and my employer are willing to continue our cooperation, I know I should get a (positive) LMO before to apply for a (new) work permit.
My problem is this: my employer can not apply for LMO until October 24th (as he needs to proove he posted the ads required from the process for at least 4 weeks, and the 24th will be the fourth week); so just a day before my current status expires.
Canadian Citizenship and immigration service told me I can apply for a work permit even without a LMO confirmation letter, as my application can be holded for 2 months (then its up to me to provide the officier with the positive LMO by that time). But I still need a LMO reference number to apply for the work permit, that my employer wont give me before the beginning of November, as he wont get the (reference) number right away.
So.....I will be out of my current visa!!! and not able to stay in Canada under the "implied status" that allows me to work under the previous condition until the final decision is made!!!


PLEASE HELP ME!!!!

I dont know what to do!!!

THANKS A LOT IN ADVANCE
Elena

From what I see below, all you have to do is show "proof that you submitted the application before your work permit expired".



(a) Lets suppose you submitted (by accident) an application that you later realize did not have the "reference number"?

Or

(b) Lets say you submitted an application with a cover letter explaining that you applied for the LMO but have not gotten the "reference number" as yet?




All "Canadian Citizenship and immigration service" is likely to do is, reject your application because it is incomplete and give you 30-60 days to resubmit your application with all the correct/necessary information. By then you would have gotten the "reference number" and would be able to resubmit your application.

If "Canadian Citizenship and immigration service" asks for "proof that you submitted the application before your work permit expired" all you have to do is provide them with the proof, "this includes copies of the application, the fee receipt, and something that confirms the date it was sent and delivered".


I am guessing the "30-60 days", I have no idea. Maybe you can/should contact a consultant/lawyer.







Can I keep working if my permit expires? How do I prove this to my employer?

Yes, if you applied for a work permit extension before your work permit expired, you can keep working until a decision is made on your application.

You must stay in Canada and meet the conditions of your original work permit. For instance, if you have an employer-specific work permit, you must still work for the employer named on that permit.

CIC does not provide confirmation that you have implied status in Canada. However, you should keep proof that you submitted the application before your work permit expired. This includes copies of the application, the fee receipt, and something that confirms the date it was sent and delivered.


http://www.cic.gc.ca/english/helpcentre/answer.asp?q=189&t=17



Implied status

If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status.

http://www.cic.gc.ca/english/visit/extend-stay.asp




NOTE: I am not a immigration consultant/lawyer and as such I am NOT qualified in anyway to give immigration/legal advice.

 

[PMM]

Hi

Hi everyone, I have a question and I try to be as specific as I can.
I am Italian and I have a working holiday visa that will expire on October 25th (so, very soon!!!). As I am working at the moment and both me and my employer are willing to continue our cooperation, I know I should get a (positive) LMO before to apply for a (new) work permit.
My problem is this: my employer can not apply for LMO until October 24th (as he needs to proove he posted the ads required from the process for at least 4 weeks, and the 24th will be the fourth week); so just a day before my current status expires.
Canadian Citizenship and immigration service told me I can apply for a work permit even without a LMO confirmation letter, as my application can be holded for 2 months (then its up to me to provide the officier with the positive LMO by that time). But I still need a LMO reference number to apply for the work permit, that my employer wont give me before the beginning of November, as he wont get the (reference) number right away.
So.....I will be out of my current visa!!! and not able to stay in Canada under the "implied status" that allows me to work under the previous condition until the final decision is made!!!


PLEASE HELP ME!!!!

I dont know what to do!!!

THANKS A LOT IN ADVANCE
Elena

No, you can't continue to work under implied status, as the IEC work permit is not extendible, so you would be applying for a new work permit, not an extension.

 

[Argel]

Yes! I know I can not extend my IEC visa and I have to apply for a new work permit and going through the process with the LMO....(it will be "stream for higher-skilled occupations")...
I know the process, I am just worried about the tiny time I have to apply for the new work permit (before my current one expires!).
And let me say the "Canadian Citizenship and immigration service" will send me back the application saying is "incomplete"......Then what happens?
Should I stop working right away and live Canada (before to re-apply)? Or can I still stay in Canada under some (which one???) condition?
And will I have to pay again re-submitting the application?

Thanks again

 

[donutbox]

Yes! I know I can not extend my IEC visa and I have to apply for a new work permit and going through the process with the LMO....(it will be "stream for higher-skilled occupations")...
I know the process, I am just worried about the tiny time I have to apply for the new work permit (before my current one expires!).
And let me say the "Canadian Citizenship and immigration service" will send me back the application saying is "incomplete"......Then what happens?
Should I stop working right away and live Canada (before to re-apply)? Or can I still stay in Canada under some (which one???) condition?
And will I have to pay again re-submitting the application?

Thanks again

I am assuming your work permit and work visa both expire on the same date, Oct/25/2013?


You also say:

"My problem is this: my employer can not apply for LMO until October 24th (as he needs to proove he posted the ads required from the process for at least 4 weeks, and the 24th will be the fourth week)"

How do you know that after your (current) employer advertises the job he won't find a suitable Canadian citizen/permanent-resident to do the job?




And let me say the "Canadian Citizenship and immigration service" will send me back the application saying is "incomplete"......Then what happens?
Should I stop working right away and live Canada (before to re-apply)? Or can I still stay in Canada under some (which one???) condition?

My (very limited) understanding of the process is this:

(a) You apply for a positive LMO.
(b) After getting positive LMO in [1], you then apply for a work permit.

Initially, you can however submit both LMO and permit/visa application simultaneously. The reason you can do this is as you were told by "Canadian Citizenship and immigration service", your "application can be holded for 2 months" (or even longer). By the time they get around to processing your work permit/visa application you would have already gotten the positive LMO.


In your case though, because of time constraints, this is the process you could probably follow:

[1] You should apply for LMO as soon as possible.

[2] You should apply for permit renewal at the last minute, making note in a cover letter that you are awaiting the positive outcome of the LMO process.

[3] You will receive "incomplete" rejection letter for LMO application for [1].

[4] You will then re-apply for LMO as soon as possible.

Note that while you are doing [3] and [4], [2] hasn't started processing as yet (hopefully). The longer [2] takes to process the better it will be for you, considering that you are awaiting the positive outcome of [4]. [2] will be a guaranteed failure if [4] is a failure.


Hopefully after doing [4] you get positive LMO.

[5] After getting positive LMO from [4] you then make an amendment to the application you submitted in [2].


If it so happens that [2] gets processed before you are able to send in the amendment to you application you will receive a rejecting letter stating that LMO is missing (or something else is incorrect with your permit application) and that you have 30-90 days (<--- again, I am guessing here) to resubmit the application or to leave the country.

During this "30-90 days" in which you have resubmitted your permit application, you can stay in Canada but you are NOT allowed to work (anywhere), in fact there is not much you can do. You have to just stay at home and wait another 2-3-4-??? months for your permit application to (hopefully) be successfully processed, after which, you can start working again.




NOTE: I am not a immigration consultant/lawyer and as such I am NOT qualified in anyway to give immigration/legal advice.

 

[Argel]

Yes, my work permit and work visa both expire at the same time.
And the LMO is up to my employer, not me....He has to send it and provide me with the reference number.
Thank you so much for your answer; I guess you are right

 

[Argel]

Actually I've just realized I have another question: my SIN (social insurance number) will expire on October 25th (together with my visa)....
What happens in the time I'll be waiting for the new work visa? Supposing I will be able to work under the "implied status"......what about the sin? Will I get a new one? Or the one I have should be ok even if expired?

 

[donutbox]

Actually I've just realized I have another question: my SIN (social insurance number) will expire on October 25th (together with my visa)....
What happens in the time I'll be waiting for the new work visa? Supposing I will be able to work under the "implied status"......what about the sin? Will I get a new one? Or the one I have should be ok even if expired?

No, you will not get a new SIN while you are waiting for the new work visa.



What do you mean by "Or the one I have should be ok even if expired"? "Ok" to do what?

No, (I don't think) you will not be able to use the expired SIN to get access to new services (like govt. health care). However, the expired SIN will remain on record with your bank for your bank account, you will be able to still use your bank account like normal (maybe the bank may very well ask you to prove that you are still in Canada legally, I doubt it though). Your expired SIN will remain in "the system" for reference purposes, so you need to keep a record of it, especially if in the future you need to contact the govt., file tax returns etc, etc. The salary paid by your employer will still be "tied" to your expired SIN (for tax purposes etc, etc).

 

[Argel]

Ok, thanks for your answer...I just wanted to know exactly what you told me