When to get "implied status" while waiting for LMO

[angeland]

My work permit will expire at the end of April 2014.

My employer has just started the advertising of my job post which requires 4 weeks under the new LMO requirement.
That is, the earliest time he can send my application is Jan 2014.
After reading some posts on the forum, I learnt that some applicants have been waiting for 4 months and still no answer.

Therefore, very likely that I won't get my LMO results before my WP expires.
Just wonder when and how I should get "implied status" so that I can work in the same company while waiting?

Thanks a lot!

 

[BigBee]

My work permit will expired at the end of April 2014.

My employer has just started the advertising of my job post which requires 4 weeks under the new LMO requirement.
That is, the earliest time he can send my application is Jan 2014.
After reading some posts on the forum, some applicants have been waiting for 4 months and still no answer.

Therefore, very likely that I won't get my LMO results before my WP expires.
Just wonder when and how I should get "implied status" so that I can work in the same company while waiting?

Thanks a lot!

You have LOTS of time, apply for WP just before your current one expires (that is at the end of April 2014), you will then be immediately in to "implied status" from the day your WP expires.

Good luck.

 

[angeland]

You have LOTS of time, apply for WP just before your current one expires (that is at the end of April 2014), you will then be immediately in to "implied status" from the day your WP expires.

Good luck.

Thank so much for the quick response.

Just one side-track question here.

I would have been working in NOC1123 in the same company for 11.5 months when my WP expires in April 2014. If I continue to work under implied status for 2 weeks or more, I will have gained 12-month full time experience in NOC A category. Can I apply CEC under this situation?

 

[BigBee]

Thank so much for the quick response.

Just one side-track question here.

I would have been working in NOC1123 in the same company for 11.5 months when my WP expires in April 2014. If I continue to work under implied status for 2 weeks or more, I will have gained 12-month full time experience in NOC A category. Can I apply CEC under this situation?

Pretty much YES, you can apply under CEC, make sure you get all the required documents in place particularly the work experience letter that includes roles and responsibilities.

 

[angeland]

Pretty much YES, you can apply under CEC, make sure you get all the required documents in place particularly the work experience letter that includes roles and responsibilities.

That's encouraging.
But what happens if unfortunately my LMO is negative (touch wood!),
will my CEC application be rejected right away?

 

[BigBee]

That's encouraging.
But what happens if unfortunately my LMO is negative (touch wood!),
will my CEC application be rejected right away?

If you are able to complete the 12 months BEFORE your WP is refused (that is if LMO is negative), then, no worries, your application is not rejected as you have worked legally for 12 months.

 

[angeland]

If you are able to complete the 12 months BEFORE your WP is refused (that is if LMO is negative), then, no worries, your application is not rejected as you have worked legally for 12 months.

Is there a possibility that the experience I gained during "implied status" will no longer be valid if the LMO is negative?

 

[BigBee]

Is there a possibility that the experience I gained during "implied status" will no longer be valid if the LMO is negative?

Absolutely not, IMPLIED status is a legal status and it certainly counts towards your experience. some of my experience gained is during Implied status and I didnt had any problems with that.

 

[angeland]

Absolutely not, IMPLIED status is a legal status and it certainly counts towards your experience. some of my experience gained is during Implied status and I didnt had any problems with that.

Mind if I ask your status now? WP -> CEC -> PR?

So if my WP is refused, but my CEC is in process.
Will I get a bridging work permit? or I have to go back to my home country and wait?

 

[BigBee]

Mind if I ask your status now? WP -> CEC -> PR?

So if my WP is refused, but my CEC is in process.
Will I get a bridging work permit? or I have to go back to my home country and wait?

If you can apply for CEC and get AOR BEFORE you get the "refusal", you can let the officer know that you have applied for PR and they could POSSIBLY grant BOWP, one of my friend got BOWP when his LMO has not arrived and he was about to get his WP refused, interestingly, the officer called up my friend and told him that since he has AOR, they will grant him BOWP.

Got it?

 

[angeland]

If you can apply for CEC and get AOR BEFORE you get the "refusal", you can let the officer know that you have applied for PR and they could POSSIBLY grant BOWP, one of my friend got BOWP when his LMO has not arrived and he was about to get his WP refused, interestingly, the officer called up my friend and told him that since he has AOR, they will grant him BOWP.

Got it?

BigBee, you make my day! Thanks so much!
Tactically, the late arrival of my LMO results is actually doing me a favour?! (Can I say so?!)

 

[BigBee]

BigBee, you make my day! Thanks so much!
Tactically, the late arrival of my LMO results is actually doing me a favour?! (Can I say so?!)

Yes, thats correct, on the flip side, if your LMO is positive and if you get it before WP refusal, you are legally issued a WP which will give you more comfort.

 

[angeland]

Yes, thats correct, on the flip side, if your LMO is positive and if you get it before WP refusal, you are legally issued a WP which will give you more comfort.

Should my employer stick to the current timeline (ie hand in LMO application in Jan 2014) or we can actually wait a bit, say Feb-March 2014, and keep the job posting up for a while?

 

[BigBee]

Should my employer stick to the current timeline (ie hand in LMO application in Jan 2014) or we can actually wait a bit, say Feb-March 2014, and keep the job posting up for a while?

Just follow the LMO process, trying to delay it isnt a good idea.

 

[canadavisa13]

hi angeland,

1)exprience gained under implied status is legal and will be counted towards the 12 months requirement for CEC even if your work permit gets refused.
2)in order to get a BOWP you need to have an AOR for your CEC application and hold a valid work permit which unfortunately not the case here since your work permit will expire before you can apply for pr.
3)delaying your LMO application of course is not a good idea because no one can predict the future processing times so make sure your employer send the application to service canada as soon as he meets the requirements.
4)in case you do not get a positive LMO which automaticaly means work permit extension will be rejected ten you have 90 days form the rejection letter date to restore your status so you can look for an employer with a pre-approved LMO and apply for a restoration of status and work permit you just have to pay the $150 work permit fees and $200 restoration fess as well.
if you are unable to restore your status as worker but you wish to stay in canada and wait for your CEC application to get processed then you can apply to restore your status as a visitor,$75 visitor fees and $200 restoration fees.
keep in mind you still have enough time to get your LMO in time and avoid all these problems before your work pemit expires in april 2014.

good luck