New LMO application on Implied Status

[njw]

Hello,

I have seen many posts of people in a similar situation as I am in, but I have not seen a consistent answer, so was hoping for advice on my situation. I am sorry for the length, but wanted to include all the details for more accuracy.

I arrived in BC, Canada (from NZ) in Nov 2011 on a one year temporary working holiday visa. During this time, I found employment and the company were keen to keep me on, so they applied for an LMO in early september 2012. My employer told me the HRSDC informed them it would take 10-12weeks in BC to process. I was told that although there is no longer concurrent processing of applications, you could apply for a temporary residency visa without an LMO response if your current visa was to expire within 2 weeks (and you had submitted an LMO). I did this and ticked the option "My company has applied for an LMO and I am waiting for a response", and went on Implied Status when the date ticked past my visa expiry of Nov 19th.

Only a few days after being on Implied Status, my employer informed me the LMO had come back negative. They said they still really wanted to get me to stay and have gone about submitting a new LMO (I have since been promoted to a new position so its a different LMO) and also a PNP application. According to the time frames with CIC, my temporary residency visa application will be processed around mid January, so I was after advice on options when this time comes.

My understanding of the PNP is that the nomination process takes 2/3 months, a positive result DOES NOT allow you work, instead it grants you the ability to apply for PR, from what I can tell takes at least a further 9 months for that. Is this accurate? So all up a year, waaaay to long to sit out and wait as a visitor.
With the new LMO application - Given that this is now a completely different criteria, my employer has posted job listings of my new potential position on all the necessary places last week, which to my understanding is for 2/3 weeks. Given the further 10-12 weeks for the LMO to process, I am looking at least end of Feb / start of March for a response to this. Am I to assume that by the time my temporary resident visa is processed (~Mid Jan) a positive LMO is required, and the fact I am still waiting for a new one is irrelevant. If/When this application fails, I will immediately restore to visitor status and stop working. I am happy to take a holiday for a month to two months to wait for the LMO (~Feb/March).

Do I need then to reapply for a temporary work visa once the new LMO comes through or can I simply head to the border and re-enter with my job offer, LMO and other paperwork as some people have suggested?

It seems the PNP is a back-up option for me, a consultant with my employer has suggested someone with my qualifications would have an easier job getting that then the LMO. Can you obtain a temporary work permit at the border with a PNP instead of an LMO?

Many many thanks for any advice or response, my advice to those looking at getting an LMO - Make sure your employer knows what they are doing!! suggest using a consultant who knows all the tricks.

-NJW

 

[Pro_Public]

Do I need then to reapply for a temporary work visa once the new LMO comes through or can I simply head to the border and re-enter with my job offer, LMO and other paperwork as some people have suggested?

It seems the PNP is a back-up option for me, a consultant with my employer has suggested someone with my qualifications would have an easier job getting that then the LMO. Can you obtain a temporary work permit at the border with a PNP instead of an LMO?


-NJW

New WP comes with new positive/neutral LMO if your occupation requires an LMO. IMO, be cautious when go to the border, anything may happen there. PNP nominee may have an easier time to get WP, esp with job offer. Consult your PNP officer before you take action.

 

[SenoritaBella]

First things first:
1. You are still in implied status and can continue working under the same conditions of your old permit until CIC makes a decision.
2. Citizens of NZ do not need a visa to visit Canada, so by "temporary work visa" I take it you mean "temporary work permit", right? Once your LMO is approved, you may go to the border with the LMO, completed work permit application, etc and fee and get your work permit there.
3. No idea about obtaining a work permit with the PNP nomination - you may want to ask in the "provincial nomination" section.
4. Have you explored the Canadian Experience Class? New rules are expected in January 2013, with talk of reducing the work experience required for foreign workers to 1 year. You may be eligible this too.

 

[ThreeSquareImm]

Also, curious what NOC Code you applying under? What was the job title that got refused. What is the difference in role between the original job and the new one?

 

[njw]

Many thanks for the replies, greatly appreciated.

Sorry, yes I meant permit not visa.

I don't have the exact code they are applying under, the previous was 5225. I am now in technical management and have moved from a classification 5 to a 0 and now am at skill set A.

 

[scarletsally]

When do you expect your new LMO to be approved?

BC PNP took around 2 months for my husband to get nominated, and they even sent him a work permit support letter. If you're on this track, your work permit support letter from BC PNP can replace an LMO (so you don't need an LMO anymore) to apply for a work permit.

Yup, you can apply for a work permit at the border with either a positive LMO or a BC PNP work permit support letter since you're from a TRV-exempt country. Do be aware though that once you leave Canada, you lose your implied status, so if they won't grant you a work permit at the border, you can't go back to work. Good luck!

 

[njw]

Thanks for the response, that is great to know - I am currently hoping for a fast PNP response to get my work permit sorted.

I am still on implied status waiting for my work permit application to process. According to the time frames on the website, this should be in the next week. I know this application will come back negative as the LMO with this failed in December. I am hoping to change my status to visitor while I wait for the new LMO and/or PNP application to come back, is that an option?

Questions:
If I can change to Visitor, what is the best way for me to do this?
a) Online? - if so, I see there are time frames, what happens exactly for me while that is being processed?
b) At the border? - will I need to have a flight home booked or just back into the states, or is that not an issue? I have been informed by a friend that they may seriously query my entry as I would have just finished working there and they'll be doubtful Im not just returning illegally. Do i need anything to get around this.

From the given time frames my new LMO/PNP applications are only 2-4 weeks away - so avoiding a flight back to NZ is very much preferred.

I very much appreciate any help on this.

Many thanks

 

[SenoritaBella]

1. You have implied status now which allows you to continue working until a decision is made on your application. When that happens, assuming it is a refusal, you will no longer have implied status and must stop working then.

2. You will then have 90 days from the date of refusal decision to restore your status($200) AND
a) apply for a new work permit(if LMO and/or PNP response come back) OR
b) apply to change conditions of your stay to visitor (not permitted to work)

Personally, I would wait for the decision on the work permit application for these reasons:
1. implied status allows you to continue working
2. still a chance to obtain new work permit - a new LMO and/or the PNP response may come back before CIC gets to your application, in which case you would just contact the CIC call center and provide the LMO number, etc.

As usual, the final decision rests with you and you can also consult an immigration lawyer for advice.

Thanks for the response, that is great to know - I am currently hoping for a fast PNP response to get my work permit sorted.

I am still on implied status waiting for my work permit application to process. According to the time frames on the website, this should be in the next week. I know this application will come back negative as the LMO with this failed in December. I am hoping to change my status to visitor while I wait for the new LMO and/or PNP application to come back, is that an option?

Questions:

If I can change to Visitor, what is the best way for me to do this?
a) Online? - if so, I see there are time frames, what happens exactly for me while that is being processed?
b) At the border? - will I need to have a flight home booked or just back into the states, or is that not an issue? I have been informed by a friend that they may seriously query my entry as I would have just finished working there and they'll be doubtful Im not just returning illegally. Do i need anything to get around this.

From the given time frames my new LMO/PNP applications are only 2-4 weeks away - so avoiding a flight back to NZ is very much preferred.

I very much appreciate any help on this.

Many thanks

 

[njw]

Thank you, that's very helpful

Is restoring to a visitors permit a necessity straight away? I expect notification on my new nomination applications within the 90 days they give you to restore.

If my LMO or PNP applications come back positive am I able to head to a border for re-entry with these and other paperwork and apply for a temporary work permit there? Would I still be able to do this if I was waiting for a change to visitor application to process.

Essentially, if these new applications are denied, I will be heading home anyway so just clarifying if its worth applying for a change or just waiting to hear back.

Thanks again, your information is helping me out a great deal

 

[SenoritaBella]

If by "straight away" you mean right now, it's not necessary. If your current work permit application is rejected, the 90 day countdown begins at that point. You would have to restore your status AND change to visitor status then OR if you have the new LMO/PNP response, you will restore AND apply for a new work permit using that. Hope this clarifies it.

You are visa-exempt to Canada and therefore eligible to apply for a work permit at the border. Make sure you take with you proof that you have applied to restore your status and change to visitor(e.g. fee receipt, copy of application, etc) as well as all documents on work permit checklist.

Out of curiosity, why the hurry to change status when you still have implied status? Anyway, you can always contact the CIC call centre for more clarification.

Thank you, that's very helpful

Is restoring to a visitors permit a necessity straight away? I expect notification on my new nomination applications within the 90 days they give you to restore.

If my LMO or PNP applications come back positive am I able to head to a border for re-entry with these and other paperwork and apply for a temporary work permit there? Would I still be able to do this if I was waiting for a change to visitor application to process.

Essentially, if these new applications are denied, I will be heading home anyway so just clarifying if its worth applying for a change or just waiting to hear back.

Thanks again, your information is helping me out a great deal

 

[njw]

Many thanks again.

Sorry for the confusion, By "straight away" I was meaning right after my application has been denied, not right now. Looking at the processing times on the website it should be sometime in the next week, however I will most definitely hold off until I hear from them.

 

[mss#687]

Hi Senorita,

I have a similar situation ...My work permit expires 6 March 2013 ....I had applied for PNP last year and would be getting it in 2-3 weeks ....The officer told me to apply for work permit by mail as it takes longer to process and buy me some more time .Because I dont have PNP support letter , I sent it by mail to get into implied status.

If I get PNP in the next2-3 weeks , will I have to apply for new work permit or can I submit the PNP to original sent application...If yes , how to identify the initial work permit application sent via mail ?

Thankyou

 

[SenoritaBella]

If you get PNP in the next few weeks, call the CIC call centre and provide the nomination number to an agent. No need to apply for a new work permit. Your client ID number is unique to you and can be used to identify your application.

If it makes you feel better, you can also send the PNP information by mail and include a letter with your name, birth date, client ID, date you mailed your application and kindly ask that they attach it to your file.

Hi Senorita,

I have a similar situation ...My work permit expires 6 March 2013 ....I had applied for PNP last year and would be getting it in 2-3 weeks ....The officer told me to apply for work permit by mail as it takes longer to process and buy me some more time .Because I dont have PNP support letter , I sent it by mail to get into implied status.

If I get PNP in the next2-3 weeks , will I have to apply for new work permit or can I submit the PNP to original sent application...If yes , how to identify the initial work permit application sent via mail ?

Thankyou

 

[mss#687]

Thanks!!

 

[mss#687]

Hi SenoritaBellla,

I got my PNP certificate and work permit support letter today. PNP certificate number and file number are the same .The letter that I included when applying for work permit included the file number.

I called CIC call centre and the agent said decision will be taken by Vegrivelle .She asked me to send PNP certificatte and WP support letter.

I sent both the docs with cover letter.Now, I dont know will it work or not ? Has anyone used this strategy before ?