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Temporary Work Permit Extension - maintained status until March 25th, but processing time is until June

mig_akira

Star Member
Sep 26, 2018
118
63
Hey everyone!

I'm on my 3rd renewal of my LMIA-based Temporary Work Permit, NOC 21232. However, this time the processing time is way, way higher than in previous years.

My extension request should have a response around June. I made the request while I was still under a valid work permit. But my current work permit expired in December (so I'm now under an "maintained status" while I wait for the extension to be approved or denied). I have received a letter that states that I'm allowed to keep working only until March 25th "or until a decision is made on your application, whichever is first."

Since the processing time goes way beyond March 25th, after this date, is it possible to get a new permission to continue working until I get a response for my extension request? Or is that it, I'll have to stop working and wait until I get a response? If that's the case, if I leave Canada while I can't work, to wait in another country due to high cost of living in Canada, would that impact anything on my request?

The funny thing is it states that in this page: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

it is stated that "However, as per section R181, a temporary resident may apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have legal status as a temporary resident during the processing period."

No mention of any deadlines before the processing period, or how to renew the maintained status and work permission while in the processing period. Where can I read more about this?

Thank you!
 
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mig_akira

Star Member
Sep 26, 2018
118
63
I have found the answer. It's very counter-intuitive, but I can kind of understand why it is the way it is.

The expiry date on the letter is only in case the employer requests for proof that I am allowed to keep working. As it says on this page (https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/extend/after-apply.html):
  • an expiry date helps satisfy their [the employer's] concerns about your status and authorization to work in Canada
So what if my request doesn't get a response until the expiry date? No problem, if the employer complains and say that I can't keep working, there's a solution for that:

If we don’t finalize your application by the date on your letter, you can still keep working until we make a decision.
If your employer or others need proof that you can continue to work
  • you can show them this web page, or
  • if your employer is not satisfied with the information on this page, you can contact us
So the expiry date is not really an expiry date, it's there just to show the employer in case they ask for a specific date, and if the processing time is longer than the fake date, I can show the employer that link. IRCC should clarify that in the letter, but oh well.
 
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