Work Permit Expiry Falls on a National Holiday!

[Regdor]

Hello forummates. I hope someone can help on the concern of my co-worker. His work permit falls on a National Holiday. His consultant said that the work permit was submitted a day after the expiry, because there's no courier service (paper application) during holidays. He was told by the consultant that CIC has different rules on that, that CIC will consider the application even if it's over one day from expiry because of the holiday. Was that right? Because the way I see it, the consultant could have submitted the application online prior to expiry or even on the day of the expiry so he could be on implied status. Now, is he allowed to work still?

By the way, if the restoration is applied, and the 90 days grace period has lapsed and no decision yet from the CIC, does he have to leave Canada before the end of the 90 days so he will not be charged of overstaying or he could just wait for the CIC decision on his work permit application plus restoration of status?

Thank you

 

[Regdor]

Anyone, pls? Thanks!

 

[SenoritaBella]

In my opinion, your co-worker should stop working for now until he/she can confirm with the CIC call centre or an immigration lawyer that it's ok to continue working. Usually they advise people to apply at least 30 days before expiration and there is the online option too.
As for restoration, your co-worker can wait until a decision is made on the application.

 

[Regdor]

Thank you SenoritaBella. I told him so but he never stopped working. He said the consultant was certain that he could still work as the work permit application was indeed submitted. But, I really believe he should stop because application was filed a day after the expiry, even though the expiry falls on a holiday, I don't think CIC has such a rule. I told him that the wages he receives since then are not legal and may jeopadize his status, like his futue PR application because it's recorded in the CRA, I mean the taxes. Did I tell him right? What could he do about it?

Also, his application was submitted without lmo yet (but the employer applied for one already and the proof was included in the application). I heard that CIC holds the processing of applications without lmo for 2 months (for those filed 2 wks prior to work permit expiry). Does this apply to him also? Or not anmore because he is under restoration? Or will CIC process his work permt based on the 74 days for same employer, or the 2 months for those without lmo yet? Thank you and I will print these docments to show him that I got opinions from others based on his status