Work Permit extension, Help!

[vivek.me29]

Dear friends,

I need some advice from you guys regarding my work permit situation, some back story to help you all understand my case better, My PGWP was due to expire in November 2016 and my current employer refused to file for an LMIA, So i filed an Open work permit extension on paper to keep working under Implied status and started to look for another employer who'll do LMIA, It's been three months since i filed my work permit application and i haven't got anything from CIC yet. So few days back i got an job offer from this company and they are ready to do the LMIA for me, since i already have an application in the processing, I am not sure how will go about changing my application to the new employer. Can you guys suggest what should be my next step and also my TRV also expired last year.

Any help would be much appreciated.

Thank You!

 

[ladybug8888]

I think you should leave your application for open work permit extension as it is, because it will take time for the employer to get the LMIA for you. Once LMIA approved you will submit new application for new closed work permit. So you will most likely need this extension of open work permit to cover the processing times of LMIA and closed work permit.

 

[kk1988]

Dear friends,

I need some advice from you guys regarding my work permit situation, some back story to help you all understand my case better, My PGWP was due to expire in November 2016 and my current employer refused to file for an LMIA, So i filed an Open work permit extension on paper to keep working under Implied status and started to look for another employer who'll do LMIA, It's been three months since i filed my work permit application and i haven't got anything from CIC yet. So few days back i got an job offer from this company and they are ready to do the LMIA for me, since i already have an application in the processing, I am not sure how will go about changing my application to the new employer. Can you guys suggest what should be my next step and also my TRV also expired last year.

Any help would be much appreciated.

Thank You!

I don't think you can apply work permit extention without LMIA, because my situation is my pgwp will be expire on apr15/2017, and my lawyer told me I cant extent my work permit, unless I have LMIA, so last year, I applied LMIA and got approve, on the LMIA paper saids I can apply for work permit extention . so I applied work permit extent on jan2017, and I'm still waiting..
so I'm confused if you haven't obtain lmia how can you apply work permit?

 

[vivek.me29]

Thanks for the reply, Sorry but i am still a little confused

What after i get the new LMIA, Do i submit new application and withdraw the old one or let both of them process and also can i start working for the new employer now as i had applied for Open work permit which mean i am not bound to work with the current employer?

 

[vivek.me29]

I don't think you can apply work permit extention without LMIA, because my situation is my pgwp will be expire on apr15/2017, and my lawyer told me I cant extent my work permit, unless I have LMIA, so last year, I applied LMIA and got approve, on the LMIA paper saids I can apply for work permit extention . so I applied work permit extent on jan2017, and I'm still waiting..
so I'm confused if you haven't obtain lmia how can you apply work permit?

I am aware that you need LMIA to support your Work permit extension but i filed it anyways to buy some more time. While the application is in process i can keep working. It's most probably gonna get rejected

 

[ladybug8888]

I am aware that you need LMIA to support your Work permit extension but i filed it anyways to buy some more time. While the application is in process i can keep working. It's most probably gonna get rejected

Ok, now I understand.
You sign for the extension before the current one expired and you are teoretically Under implied status. Under implied status you are not allowed to change employers eventhough its an open work permit. You need to stick to the same employer with same circumstances as stated on contract.

The extension will most likely be rejeceted.

Once rejected you will need to sign Application for restoration of your status and change of visa to visitor visa.
Then if your New employer will Get LMIA approved you need to sign your Application for New work permit, when approved you can start work for New employer.

 

[vivek.me29]

Ok, now I understand.
You sign for the extension before the current one expired and you are teoretically Under implied status. Under implied status you are not allowed to change employers eventhough its an open work permit. You need to stick to the same employer with same circumstances as stated on contract.

The extension will most likely be rejeceted.

Once rejected you will need to sign Application for restoration of your status and change of visa to visitor visa.
Then if your New employer will Get LMIA approved you need to sign your Application for New work permit, when approved you can start work for New employer.

Thanks for the info, I guess i have no choice but to work with my current employer

What if i leave my job and go back home until my PR application is in process, Do i need to inform CIC about it?

 

[ozlis]

They changed the rules on extensions knowingly submitted to gain implied status only - they now reject your application and it counts from when your permit expired so you would not be able to restore your status within the 90 days.

I'd check very carefully into your current status and consider your options so that you don't have record of overstaying/working without a permit on file.

 

[raven00090]

They changed the rules on extensions knowingly submitted to gain implied status only - they now reject your application and it counts from when your permit expired so you would not be able to restore your status within the 90 days.

I'd check very carefully into your current status and consider your options so that you don't have record of overstaying/working without a permit on file.

But people can be in situations where they could be looking for LMIA supportive employers like the OP and nothing came out of that (my case too).

What's the source of your information? Can we get links please?

 

[ozlis]

But people can be in situations where they could be looking for LMIA supportive employers like the OP and nothing came out of that (my case too).

What's the source of your information? Can we get links please?

Looking for an LMIA supportive employer is very different from having an LMIA in progress and waiting for the outcome.

I'll dig up the link.

 

[raven00090]

Looking for an LMIA supportive employer is very different from having an LMIA in progress and waiting for the outcome.

I'll dig up the link.

I understand. In my case, most PNPs had closed and there were problems with my employer being uncertain on whether they want to go for an LMIA or not (they did not).

 

[ozlis]

Here it is, in particular the third bullet point:

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

 

[raven00090]

Here it is, in particular the third bullet point:

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.

That has always been there though, ozlis. That doesn't say what you said up there. But maybe I understand what you mean. You mean they are tagging them as incomplete perhaps?

 

[ozlis]

Yes, they are now tagged as incomplete and rejected instead of refused. This changed in about Oct last year I believe.

 

[raven00090]

Yes, they are now tagged as incomplete and rejected instead of refused. This changed in about Oct last year I believe.

Okay, in a situation like that, the OP will have overstayed his permit and not have taken action for restoration of status if 90 days pass from the date of expiry.