Should I Apply now or Wait to get my new Work Permit?

[soh3il]

Hello everyone,

I am about to apply for my PR under CEC class. I am meeting the requirement.
However, Currently my work permit has been expired and I am waiting for LMO to reapply for a new work permit. I believe I am on implied status as of now.

Do I have to wait to get my new work permit and then apply for PR, or it has nothing to do with my current status?

 

[GSIn]

You don't have to wait for your work permit to apply fo PR, but apply for work permit as soon as possible because the PR process is going to take a while (may be an year or so).

 

[jes_ON]

Hello everyone,

I am about to apply for my PR under CEC class. I am meeting the requirement.
However, Currently my work permit has been expired and I am waiting for LMO to reapply for a new work permit. I believe I am on implied status as of now.

Do I have to wait to get my new work permit and then apply for PR, or it has nothing to do with my current status?

Based on the above information, you are not on implied status. To be on implied status, you would have had to apply for the new work permit before the old one expired.

It sounds like you currently have no authorization to work or visit Canada, so ... you are right to be concerned.
To apply for CIC - It is not required that you have a current work permit, a job, or even that you are in Canada - but it IS required that if you are in Canada, you are authorized. I would not recommend applying for PR while you are out of status.

You have 90 days from the expiration of your old work permit to apply for restoration of status, either as a visitor (no work allowed) or as a worker (you need that LMO). Depending on whether you expect to receive the LMO within that time frame, you might want to apply to restore status and to change to a visitor, for now.

http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

 

[soh3il]

Hey Jes_ON

Thanks for your reply. I have currently stopped working and waiting for my LMO. I have 2 more months.
What if I don't hear from them in a month or so? or by the time my 90 days is over? cause it seems processing times are loongg and I have to wait for my LMO and after that applying for my work permit. it sounds this process will take more than 60 days.

 

[jes_ON]

well, as I suggested, right now, you could apply for restoration of status and change of conditions of stay to visitor status. At least that would give some proof that you are trying to restore status. If you later receive a positive LMO, you would have to apply again...

Alternatively, you could wait a bit for the LMO - if you don't get it in time, you could apply for restoration of status and the work permit with the LMO "pending." I am NOT recommending this, because without the LMO your application SHOULD be rejected. But it might buy you a little time, and with luck, you would get the LMO before your application is processed and you could try to add it. But again, this is playing loose with the rules and will probably not succeed. Then you have a real problem and could be ordered to leave Canada.

For others - if you are waiting for the LMO and your work permit is about to expire - you are permitted to apply with the "LMO pending" within 2 weeks of the expiration of your current work permit. Do not wait. If you wait until after your work permit expires, then you will be out of status and have these problems too...

 

[newcecapp]

Hi Jes, I have been working in Canada for more than 2 years now and very much eligible to apply under CEC. But right now I filed for my WP extension along with the positive LMO. Should I wait for the new WP to be approved or can I go ahead and apply?

 

[kushari]

Apply now. The two are not dependant on each other.

 

[jes_ON]

Apply now. The two are not dependant on each other.

Exactly.

 

[RanjithP]

Hi Jes, I have been working in Canada for more than 2 years now and very much eligible to apply under CEC. But right now I filed for my WP extension along with the positive LMO. Should I wait for the new WP to be approved or can I go ahead and apply?

Assuming you submitted WP extension application before your original WP expired, you are now in Implied status which allows you to stay and work legally in Canada. If so you can apply for PR now.

If you are not in Implied status, better wait until you have a legal status in Canada.

 

[newcecapp]

I am in the process of filling up the applications and have the below questions. Please help me.

IMM0008_Generic Application form
#10 – My WP extension process is ongoing right now. What should be the “To” date for current country of residence?

IMM0008_Schedule 8_Economic Classes
#9 - My WP extension is under process now. What should be the “To” date for determining the work experience in Canada since I am going to continue my work while the WP application is under processing?
#9 - Should the occupation in Economic Classes – Canadian Experience Class (IMM 0008-Schedule be in accordance with what is printed on my previous work permits or the actual role which I am doing?

IMM5669_Background Declaration
#7 (Education) – I have completed 5 yrs of primary school, 5 yrs of secondary school and 6 years of university/college in India. Can you please tell me what should I mention the “type of certificate issued” for secondary school education meaning it is 10th standard and 11& 12 standard in India terms?
#7(Education) – Can there be few months gaps in between secondary school and university?
#7(Education) – Should I write the exact educational name or can I write the board's name which actually conducted the examination? For eg: Board of Intermediate Education?
#7(Education) – My wife did not appear for her examination during her bachelor's degree and hence her graduation was delayed by 2 years. What would be the number of years of education in her case? Would it be 16+2 or 16?
#8(Personal History) - My WP extension is under process now. What should be the “To” date for the most recent activity?
#8(Personal History) – if I am unemployed during a particular period, can I write “Not applicable” under the column “Name of the company, employer”?

IMM5406 – Additional Family Information for Spouse
Section A –What should be the marital status if my father in law since he is deceased now and what should I put as his present address?
General Question - Is there a way I can get some documentation that I have been paying tax to CRA till date?