question about LMIA and work permit

[mims2000]

hi guys. i just want to ask bec my friend's work permit is expiring in 1st week of nov., and i read somewhere that applying for LMIA takes up to 20 weeks (pls correct me if im wrong)? if he wont be able to get LMIA and apply for work permit before his old work permit expires, does he need to go back home and wait for the result or can he stay here and continue to work until the new application comes out?

please enlighten me. thanks in advance.

 

[mims2000]

up..

 

[scylla]

Yes - an LMIA can take up to 20 weeks.

If he wants to remain in Canada after his work permit expires, he should apply to change his status to "visitor" before his work permit expires.

No - he can't continue working while he waits. He will need to stop working as soon as his work permit expires.

 

[mims2000]

thanks scylla.

 

[jes_ON]

or, if his employer applies for the LMIA but he hasn't yet received it and the work permit is about to expire (within 2 weeks of expiry), he can apply to extend the work permit BEFORE the old one expires and continue working on "implied status" (as long as the new work permit will be for the same employer and position).

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

But there is NO implied status if he applies AFTER the work permit expires.

 

[mims2000]

thanks jes_ON

so he can still apply for work permit before the previous one expires, even if he hasnt have the result of LMIA (whether it will be approved or denied)? what happens then if the LMIA got rejected?
thanks agaun

 

[jes_ON]

thanks jes_ON

so he can still apply for work permit before the previous one expires, even if he hasnt have the result of LMIA (whether it will be approved or denied)? what happens then if the LMIA got rejected?

If the LMIA is refused, then the application for the new work permit will be refused, and he will be out of sats as soon as he gets the response from CIC. Then the only choice is to leave, or apply to restore status and change status to visitor... won't be able to work until he gets a positive LMIIA and then applies for a work permit again.