kelmolab said:
Hello , Can somebody share your thoughts on this...
My WP is expiring on the 21st of may, (9 days from now). My employer sent out an application for extension to vegreville 2 days ago . I do not have an inland immigration application neither a positive LMO . However, my employer did apply for a new LMO the day i sent my WP extension.
My worries are:
1. Do i get implied status until i get word from vegreville that my application is accepted/ rejected?
2. What are the chances that i get approved? (knowing i do not have an LMO?)
3. If and when i get rejected, will i get a notice saying that i must leave Canada ASAP? how soon is asap? 1 week? 1 month?
4. With this occurrence , am I violating any law?
Thanks
Hi Kelmolab,
This is how it works:
http://www.cic.gc.ca/english/information/applications/extend-student.asp
1) On your WP, it is mentioned that YOU can extend your stay (Student, visitor or worker) by applying at least 1 Month before the expiry of your WP. But as long as Vegreville receives your application before the expiry date of your WP,you are Ok.
2) You can not apply for an extension of WP without a positive LMO from your employer. Therefore, there is concern in this situation since you have not attached a positive LMO with your application. Previously, there was an option to apply for extension as Worker by giving the information of the LMO application (Concurrent processing), but unfortunately that option is no more available. Currently, applicants need to submit the POSITIVE LMO along with their application of extension.
3) IMO, the application may not go through as the procedures have not been followed. I am sorry about that.... but I will be more than happy if it is approved. This is just my opinion.
4) Did your Employer apply for "Extension of stay"? If yes, then in which Category...it has to be in either, Worker, Student or Visitor. I believe, the candidate has to apply for the Extension and not the employer. Please double check. I think there is some confusion here. Your application will be rejected , if the extension of stay was in the category of -WORKER, since you did not have the positive LMO attached with the application.There is a fees to be paid as well (yourself and family). You need to keep a copy of the tracking number as an evidence that you applied and the application was recd by them.
5) If you stay in Canada, while your LMO application is being processed, then you will have to apply for "Extension of stay" in the Visitor category before the expiry of your current WP. The LMO processing takes a while and is different for provinces. For Alberta its anywhere between 3-6 months. Also you CAN NOT work before you get your POSITIVE LMO and subsequently apply/get an approved WP. Processing times for WP with the same employer takes about 135 days (paper application). Please check CIC website for current timeline.
http://www.cic.gc.ca/english/information/times/temp.asp
6) Provided, you apply for Extension of stay as Visitor (Worker status is not applicable in you case as explained earlier) before the expiry of WP then you are in IMPLIED status, which is a LEGAL status...but you can not WORK. Currently, the processing time for Visitor is approx. 165 days (5.5 months). If you get your LMO then you can apply for the WP (even though you will have the Visitor application in process; you can withdraw later on) which can be done at any Border (POE) or by sending the application outside of Canada (Ex- Seattle or Buffalo) whichever is closest to you. I feel that you have to apply for Visitor status to remain here in Canada legally.
Take care and ACT FAST.
Mitali
