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When to get "implied status" while waiting for LMO

angeland

Full Member
Sep 19, 2013
47
0
canadavisa13 said:
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 :)
Regarding Pt 4, "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", I wonder what I am during these 90 days? Do I have to do anything to get that status? I suppose I cannot cross the border during this period?

Can I 'switch' to visitor status once I know my WP extension is refused, do i still need to pay $200 for the restoration fee?

Thanks!
 

canadavisa13

Champion Member
Jun 13, 2013
1,100
52
you are welcome angeland :)

*yes if you can find an employer with pre-approved LMO that will be great,he would just need to get your name added to the lmo from service canda and you can apply for restoration of status and work pemit.
*within this 90 days you are out of status but not illegal as long as you are not working or going to school without proper authorization and if you can't correct your status within the 90 days grace period given by CIC then you must exit canada no other way to stay in the country unfortunately at that point.
*you have to restore your status if you do not intend to then you should leave canada immediatly.
*you are out of status so going to the border is a big NO NO,its very risky and you might be issued a removal order,apply online or by paper to CPC-vegreville alberta(please note that online is faster and convenient).
*you can restore your status to a worker,vistor or student and yes you still have to pay the $200 restoration fees.
*to restore your status as a worker you need a job offer and LMO from an employer.to restore your status as a visitor you need to show enough funds to support your self during your stay in canada or maybe in you have relatives or friends they can give you a letter that they will be responsible for you.to restore your status as a student you need an admission from a college,university or institute in canada(please not that you need enough money to become an international student in canada).

anyway you have few options to restore your status and stay here legally,if you stay illegaly then you will face serious problems in the future.
good luck
 

angeland

Full Member
Sep 19, 2013
47
0
Hi there,

It's me again, due to some technical issues (eg end-of-year accounting stuff), my LMO application will be sent out next week (finally & hopefully). Since my current work permit will be expired at the end of April, according to the timeline, I'm pretty sure I can't get the LMO result before the expiry date.

I have done the questionnaire at CIC website, it says:

"If your employer has requested a Labour Market Opinion from HRSDC and you have not received the decision yet, you may be eligible to submit a proof of submission from your employer to HRSDC. To be eligible to submit such proof, you must not be requesting restoration of status and your status must be expiring in the next two weeks."

Question 1: I am rather confused about the last line, does it mean that I can only apply WP (in order to get implied status) after mid-April?

Also, on the checklist I got at the end of the questionnaire, there are Supporting Documents required:
Offer of Employment
Labour Market Opinion (LMO) from HRSDC or Proof of Submission
Passport or Travel document
Digital Photo
Proof that you Meet the Requirements of the Job Being Offered
Family Information Form (IMM5707)
Employer Questionnaire and Declaration

Question 2: For the proof that I meet the requirements of the job, what should I prepared? I graduated with honours from a top-tier university in my home country, I got 6 years of experience in the field (reference letters from previous employers in my country), I have taken IELTS and scored an overall 7.5.

Are these good enough?

Please shed some light, thanks!