Sending in second work permit application while on implied status

[fat_penguin]

Hi all,

I have sent in a work permit application before my worker permit expired in August on the basis that my company had applied for an LMIA and was pending a decision on it.

Recently, we received a rejection letter to the LMIA on the basis that there were some errors on the advertising. As it stands, I am still on implied status as my work permit application with CIC hasn't been processed. I do, however, anticipate to receive this within the next 8 weeks.

My lawyers claim that we can, in the meantime, re-advertise the position again (with the mistakes corrected), post a second LMIA application to ESDC and then send a second work permit application to CIC, which would "put me on implied status again for another 110 days" (that is the current processing times on the CIC website). Are my lawyers' claims wrong?

In this scenario, we would be sending a work permit application after the fact that my work permit has expired. My understanding of implied status was that the work permit extension (or new permit application) was supposed to be sent to CIC before the expiry of the original work permit document.... which in my case was August.

If what the lawyers are claiming is feasible, then what stops people from sending in work permit application after the next and constantly extending their implied status? It just doesn't make sense to me.

I appreciate all input on this matter...

Cheers.

 

[dobes]

Hi all,

I have sent in a work permit application before my worker permit expired in August on the basis that my company had applied for an LMIA and was pending a decision on it.

Recently, we received a rejection letter to the LMIA on the basis that there were some errors on the advertising. As it stands, I am still on implied status as my work permit application with CIC hasn't been processed. I do, however, anticipate to receive this within the next 8 weeks.

My lawyers claim that we can, in the meantime, re-advertise the position again (with the mistakes corrected), post a second LMIA application to ESDC and then send a second work permit application to CIC, which would "put me on implied status again for another 110 days" (that is the current processing times on the CIC website). Are my lawyers' claims wrong?

In this scenario, we would be sending a work permit application after the fact that my work permit has expired. My understanding of implied status was that the work permit extension (or new permit application) was supposed to be sent to CIC before the expiry of the original work permit document.... which in my case was August.

If what the lawyers are claiming is feasible, then what stops people from sending in work permit application after the next and constantly extending their implied status? It just doesn't make sense to me.

I appreciate all input on this matter...

Cheers.

This is really a tough question, made worse by the fact that lawyers, who presumably know what they are doing, seem to have advised something that I and maybe others don't believe is true.

I would - and I am not a Canadian immigration lawyer - say that you are correct, that you must apply for your new permit while your old one is still valid in order to be on implied status. I might also suggest that what you need before applying for another permit is restoration of status, and that you cannot work while on that status. But I really don't know this for sure, and it's dark and dangerous territory, as you can get in real trouble with CIC if you continue to work without a permit.

In your place, I would read carefully about both implied status and restoration of status and would question the lawyers very carefully, as you are the one who will pay the consequences if they are not correct in what they are doing. Good luck!

 

[BMT]

From CIC website:
"Extensions:
If the extension is granted: the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicates that the holder maintained their status as per R183(6).
If the extension is refused: the client will be considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete): the client will be considered in status until the TR document expires.
Note: If a second application for extension is submitted after the first application and:

A decision was rendered on the first application:

if accepted, then the "new status" applies.
if refused or rejected, and original permit was still valid when 2nd application was sent, then client maintains their "implied status" until a decision is rendered on the 2nd application.
if refused or rejected, and original permit was expired when 2nd application was sent, then client loses their "implied status" and is considered out of status. (The 2nd application would be missing restoration fees & returned to client for being incomplete.)"