work permit extension/LMIA refused-on implied status

[Neethu iype]

Hi,
I was on open work permit and working for a Canadian employer from April 1, 2016, but my work permit got expired on march 4th, 2017. I have applied for extension (paper application just to buy some time) on march 2nd, 2017 with no LMIA to get implied status and my employer started LMIA processing soon after it but got refused on May 11, 2017, saying that the Balance sheet of our company is not in good standing and it is not convincing that the employer can pay me the salary offered after he hires me through LMIA.
My work permit extension will be refused since my lmia got refused. But I am still on implied status until I receive refusal for work permit application. As per cic, papar application processing time is around 119 days and I think by mid of June, I will get the refusal . But now my employer wants to apply for LMIA again , which will take some time and no guarantee that LMIA will be approved. But by mid of June I will be out of status and cannot work and moreover, there is less than 50% chance for the LMIA approval.
So friends please help me and guide me. what should I do now.? Another issue is, like I mentioned at the beginning, I started working from April 1, 2016 but work permit expired on march 4th , 2017, which is 26 days less from getting 1 year experience. If I get refusal for my work permit, I think I can still count experience I gained while on implied status and can apply for PR. But if the work permit get rejected, then I cannot even count my experience while on implied status. Link below from cic for more details on refusal and rejection:
http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/work.asp

when I checked all the forums related to lmia, usually cic refuse the work permit application if lmia is not there. Not rejection. I am hoping to get refusal and not rejection. In that case, I can at-least go back to my country and apply for express entry under Canadian Experience class.

Please give me some suggestions. Need help !!!

 

[scylla]

You most won't be able to count your work experience after March 4th. As explained in the link you provided, since you applied for a work permit extension without having an approved LMIA, your work permit extension will most likely be rejected as incomplete instead of being refused. When that happens, you are not granted implied status and will have been out of status in Canada as soon as you work permit expired on March 4th. This also will mean that any work after March 4th will be classified as work without authorization (illegal work) and you won't be able to count this work experience towards any immigration program in Canada.

There's really not much you can do but wait for the results of your extension application.

 

[Neethu iype]

You most won't be able to count your work experience after March 4th. As explained in the link you provided, since you applied for a work permit extension without having an approved LMIA, your work permit extension will most likely be rejected as incomplete instead of being refused. When that happens, you are not granted implied status and will have been out of status in Canada as soon as you work permit expired on March 4th. This also will mean that any work after March 4th will be classified as work without authorization (illegal work) and you won't be able to count this work experience towards any immigration program in Canada.

There's really not much you can do but wait for the results of your extension application.

Hi Scylla,
Thank you for your reply. Is it illegal to stay during restoration of status? Anyway, I my work permit will get a refusal or rejection by June mid. If I get refusal, then I have option to apply for PR. In that case , staying in Canada during restoration will affect my PR process? If I get rejection , then no more options other than trying again for LMIA , which is less than 50% chance to get approval. Now I need to decide whether I should stay in Canada or leave right after refusal?

I have 1000 questions in my mind and I am soo confused. Please help me with any suggestions.. Thanks in advance

 

[Neethu iype]

Hi all,
There was no LMIA while I was applying for work permit extension . but after I submit, my employer applied for LMIA and got rejected. DO I need to call cic and inform them with the rejected LMIA file number, so that my work permit application will not be incomplete? Cos I really need to count my experience during implied status to apply for PR. Incomplete application will be rejected so I cannot count these experience. For refusal I can count...
Without LMIA , work permit application is incomplete right? So does it help if I update it with LMIA number...Please please help!!!!!

 

[scylla]

Hi Scylla,
Thank you for your reply. Is it illegal to stay during restoration of status? Anyway, I my work permit will get a refusal or rejection by June mid. If I get refusal, then I have option to apply for PR. In that case , staying in Canada during restoration will affect my PR process? If I get rejection , then no more options other than trying again for LMIA , which is less than 50% chance to get approval. Now I need to decide whether I should stay in Canada or leave right after refusal?

I have 1000 questions in my mind and I am soo confused. Please help me with any suggestions.. Thanks in advance

You can remain in Canada while waiting for a restoration application to be approved. However you cannot apply for PR while on restoration in Canada because you'll be out of status. You can only apply for PR from within Canada if your status in Canada is valid.

 

[scylla]

Hi all,
There was no LMIA while I was applying for work permit extension . but after I submit, my employer applied for LMIA and got rejected. DO I need to call cic and inform them with the rejected LMIA file number, so that my work permit application will not be incomplete? Cos I really need to count my experience during implied status to apply for PR. Incomplete application will be rejected so I cannot count these experience. For refusal I can count...
Without LMIA , work permit application is incomplete right? So does it help if I update it with LMIA number...Please please help!!!!!

No - there's no point contacting CIC. It won't change anything. At the time you applied, you didn't have an approved LMIA. So you applied for an extension when you knew very well that you didn't qualify for one. That's all that matters.

 

[nina8m]

Hi,
I was on open work permit and working for a Canadian employer from April 1, 2016, but my work permit got expired on march 4th, 2017. I have applied for extension (paper application just to buy some time) on march 2nd, 2017 with no LMIA to get implied status and my employer started LMIA processing soon after it but got refused on May 11, 2017, saying that the Balance sheet of our company is not in good standing and it is not convincing that the employer can pay me the salary offered after he hires me through LMIA.
My work permit extension will be refused since my lmia got refused. But I am still on implied status until I receive refusal for work permit application. As per cic, papar application processing time is around 119 days and I think by mid of June, I will get the refusal . But now my employer wants to apply for LMIA again , which will take some time and no guarantee that LMIA will be approved. But by mid of June I will be out of status and cannot work and moreover, there is less than 50% chance for the LMIA approval.
So friends please help me and guide me. what should I do now.? Another issue is, like I mentioned at the beginning, I started working from April 1, 2016 but work permit expired on march 4th , 2017, which is 26 days less from getting 1 year experience. If I get refusal for my work permit, I think I can still count experience I gained while on implied status and can apply for PR. But if the work permit get rejected, then I cannot even count my experience while on implied status. Link below from cic for more details on refusal and rejection:
http://www.cic.gc.ca/english/resources/tools/perm/econ/cec/work.asp

when I checked all the forums related to lmia, usually cic refuse the work permit application if lmia is not there. Not rejection. I am hoping to get refusal and not rejection. In that case, I can at-least go back to my country and apply for express entry under Canadian Experience class.

Please give me some suggestions. Need help !!!

Hi Nithoo,
Please give us an update about what happened to ur case, im in the same situation and so stressed, the only different is my employer applied for lmia before i applied for work permit extions, ur update could be very helpful for me

 

[Navin312]

Hi Nithoo,
Please give us an update about what happened to ur case, im in the same situation and so stressed, the only different is my employer applied for lmia before i applied for work permit extions, ur update could be very helpful for me

Hi was your work permit successfull me also in same situation right now

 

[nina8m]

Hi was your work permit successfull me also in same situation right now

Hi, I wrote a letter to my work permit officer via web form and explained the situation, at that time fortunately I have already passed the eligibility criteria for my pr application (express entry) so my work permit application got approved based on bridge open work permit application. I was so lucky that CIC opened a box for me in my application so I could pay the extra 100$ to be able to change my application from closed work permit to open wp.

 

[sahilsapra90]

Hi, I wrote a letter to my work permit officer via web form and explained the situation, at that time fortunately I have already passed the eligibility criteria for my pr application (express entry) so my work permit application got approved based on bridge open work permit application. I was so lucky that CIC opened a box for me in my application so I could pay the extra 100$ to be able to change my application from closed work permit to open wp.

Hi nina,
I am in a similar situation where I finish my 1 year of full time NoC B work experience on 18 Sept 2018 and my work permit expires on Oct 29th 2018. Should I apply for work permit extension before Oct 29th just to be on implied status and in the mean time I’ll be applying for PR under CEC or should I apply for visitor visa instead?

 

[Savtodd]

Hi nina,
I am in a similar situation where I finish my 1 year of full time NoC B work experience on 18 Sept 2018 and my work permit expires on Oct 29th 2018. Should I apply for work permit extension before Oct 29th just to be on implied status and in the mean time I’ll be applying for PR under CEC or should I apply for visitor visa instead?

Hi Sahil,

I am in a similar situation. I will have 1 year in a full time NOC B job 22nd May and my IEC work permit expires 3rd June. Did you apply for work permit extension, get implied status and apply for Express Entry CEC while on implied status? If so, did it affect your PR application in any way?

Or did you go on visitor visa and apply for your CEC PR from visitor visa? I appreciate your help!

Thank you so much!