Work Permit Extension & LMO - Or Apply for Permanent Residency???

[tminx]

Hi All;

Well, it's been a long day and I am quite confused and really need some help here.

Brief background of my situation:

I am a German citizen and arrived in Canada in May 2009 with a positive LMO. Applied for the Work Permit during my arrival at the ariport and was issued a work permit which was valid for about 12.5 months.

Today was the day I went to the CIC website and applied for the extension of my work permit, attaching an updated job offer letter and the old LMO.

Now I find out that it seems my employer should have applied for a new LMO to be issued, which should have been attached to the application.

What can I do to correct the issue and/or is there an alternative way around LMO hassle - Could I potentially apply for PR status? Would this effectively save me the hassle of applying for another LMO & Work Permit extension?

What would you recommend me to do???

So many questions, but probably very simply for someone who has been through this. Any and all advice is very much welcome...Thank you very much!!

 

[gunnar]

You are a bit late checking this... I'm kinda in the same steps as you are except I still have about 6 months left on my twp. I hope someone here knows any different but I think the only chance you have is to either apply for pnp (quickest if you meet the criteria) or get another lmo and get out off the country before the twp expires... oh wait, my friend actually got a full years visitors visa after his first twp expired, that only took a little while an in the meanwhile he had a change to take care off his papers without going back home. The application for extended visitors visa was quite painless and quick he said!

Hope this helps and others give more firm answers.

 

[tminx]

Hey Gunnar; Thank you so much for your fast reply.

What really bugs me is that me and my employer paid some immigration attorney $3000 to do this properly and he never advised me besides the LMO and to get the Work Permit at the airport.

So, couple questions... What do you mean by PNP?

And I would seriously have to leave the country BEFORE my work permit expires??? There is absolutely no way around that???

 

[tminx]

Okay, so I just checked and found out about PNP Immigration on a different website...

Only problem that I think is that my employer (a company with about 40 people) is not going to be a "pre-approved Alberta employer"

Does anybody know what the requirements are for an employer to be considered "pre approved" ???

 

[job_seeker]

Hey Gunnar; Thank you so much for your fast reply.

What really bugs me is that me and my employer paid some immigration attorney $3000 to do this properly and he never advised me besides the LMO and to get the Work Permit at the airport.

So, couple questions... What do you mean by PNP?

And I would seriously have to leave the country BEFORE my work permit expires??? There is absolutely no way around that???

What is the nature of your job? If your NOC skill level is 0, A or B level, then you are eligible for concurrent processing- you file for LMO while you submit your application for work permit.

http://www.cic.gc.ca/english/work/processing.asp

You can also go through the PNP route as has been suggested, if you qualify.

http://www.albertacanada.com/immigration/immigrate/employerdriven.html

You don`t have to leave the country BEFORE your work permit expires. If you have submitted an application for work permit then you are on implied status. Or you can change your status from worker to visitor and then apply for the work permit when you get a positive LMO.


*EDIT: Your employer files for the LMO while you submit for your application for work permit.

 

[tminx]

Again, thanks for the info!

I will have my employer file for a new LMO tomorrow. The one thing that has me concerned with my current application (submitted online) is that it may be refused due to having attached the old LMO. What happens if this refusal comes in after my current permit has expired?

Effectively, I would be without WP from when I receive the refusal to when the new one is granted. (which may be what... 6-8 weeks??)

I don't think that a Visitor Visa is really a choice as I would still need to get paid and wouldn't want to loos my health coverage. (Besides kinda wanting to stay on the legal side...)

Now, I do believe that my position would be considered NOC level 0 and concurent processing would be a great way. So let me ask the question - If I were to apply for PR now, would I be able to continue to work until PR paperwork has gone through? Thus effectively completely skipping the step of needing to apply for a new LMO and extension of work permit?

There is one more thing I wanted to quickly mention - My LMO has absolutely no expiry date on it whatsoever. Is this good/bad - does it matter?

 

[mjakubow]

Hello tminx, I have to say your situation is a little bit complicated because as someone said before it's a bit late for evrything. Back to your questions. First of all, it is depends on when you'll get refusal:
1) if before WP expiry date you would apply for new WP before that date with new LMO and you can still work untill you get a response ( important to get LMO: due economy slow down since April 2009 your employer has to advertise for your position for at least 14 days even if you already work in Canada. Before Aprill 2009 employer didn't has to advertise and that was much easier and faster. There was application for LMO extension but now is cancelled).
2) if after your WP expiry date, they can ask you to leave Canada within 30 days (friends of mine got that but he geeting married with canadian soon).
I know that is possibility to apply for WP renewal within 90 days from your WP expiry date , but I'm not sure is this for someone who didn't apply for extension before and get refused. But if you would apply
for WP renewal you are not allowed to work after you submitt your application. Of course you need new LMO as well.
So if they ask you to get out Canada In your position I would think about remain your stay in Canada as vsitor as it's said before.
If you decide to apply for PR from your province you still need LMO untill you get provincial nomination certificate. In my case in Alberta it took almost 7 months. If you don't have a nomination and your WP expires you have to apply with new LMO which you can use only once.

 

[job_seeker]

Hello tminx, I have to say your situation is a little bit complicated because as someone said before it's a bit late for evrything. Back to your questions. First of all, it is depends on when you'll get refusal:
1) if before WP expiry date you would apply for new WP before that date with new LMO and you can still work untill you get a response ( important to get LMO: due economy slow down since April 2009 your employer has to advertise for your position for at least 14 days even if you already work in Canada. Before Aprill 2009 employer didn't has to advertise and that was much easier and faster. There was application for LMO extension but now is cancelled).
2) if after your WP expiry date, they can ask you to leave Canada within 30 days (friends of mine got that but he geeting married with canadian soon).
I know that is possibility to apply for WP renewal within 90 days from your WP expiry date , but I'm not sure is this for someone who didn't apply for extension before and get refused. But if you would apply
for WP renewal you are not allowed to work after you submitt your application. Of course you need new LMO as well.
So if they ask you to get out Canada In your position I would think about remain your stay in Canada as vsitor as it's said before.
If you decide to apply for PR from your province you still need LMO untill you get provincial nomination certificate. In my case in Alberta it took almost 7 months. If you don't have a nomination and your WP expires you have to apply with new LMO which you can use only once.

If one failed to apply for an extension or changed status within the validity of the visitor record/work permit then he can file for a restoration of status and a work permit within the 90 days after the expiry of said record or permit.

 

[mjakubow]

Here you go, good luck!

 

[tminx]

Guys, thank you so much for your replies....!!

Couple questions remain; When I first entered Canada I applied for the WP at the POE (Calgary Airport). Shouldn't I be able to do this again, once my new LMO has come through? (As such, avoiding processing times for new WP?)

Secondly, what would happen if I were to apply for PR now? Could I remain in Canada and work here until PR has been processed/approved?

I think right now my plan would be (worst case scenario):

1. Leave Canada when my WP expires (drive to Montana and re-enter)
2. Re-enter on Visitor Status (I am Visa exempt as a German citizen)
3. Take my whole years worth of vacation, while my employer continues to pay me
4. Once my new LMO has come through, drive to Montant, re-enter and apply for new WP at POE
(5. Apply for PR the second I get back - God, I can't believe my lawyer didn't tell me this.....)

Would this be possible? Any thoughts?

 

[visaexpert4indians]

I am taking interest in your topic....but thinking........... :-\ :-\

 

[jes_ON]

Couple questions remain; When I first entered Canada I applied for the WP at the POE (Calgary Airport). Shouldn't I be able to do this again, once my new LMO has come through? (As such, avoiding processing times for new WP?)

Renewals are supposed to be processed through the office in Vegreville. I once asked the same question, was told that some border agents will process it, some will not be cause it is not (strictly speaking) the correct procedure. You might get away with it, but it will be a gamble.

Secondly, what would happen if I were to apply for PR now? Could I remain in Canada and work here until PR has been processed/approved?

The sooner you apply for PR, the better, but it does not give you permission to stay in Canada. If you were approved by the province for the PNP, in most cases, they would submit a request for a TWP along with the PR application when it is submitted to CIC.

I think right now my plan would be (worst case scenario):

1. Leave Canada when my WP expires (drive to Montana and re-enter)
2. Re-enter on Visitor Status (I am Visa exempt as a German citizen)
3. Take my whole years worth of vacation, while my employer continues to pay me
Vacation pay is part of employment, and your employer cannot employ you without your possessing a valid work permit. If your employer pays you when you do not have a work permit, I would think that your employer would be in violation of immigration law. If you have vacation pay due to you, it should be paid by the end of your permit date.

4. Once my new LMO has come through, drive to Montant, re-enter and apply for new WP at POE
(5. Apply for PR the second I get back - God, I can't believe my lawyer didn't tell me this.....)

Depending on your occupation, for a new LMO, your employer has to advertise for a minimum of 2 weeks and document recruitment efforts. If it is possible to get the LMO application submitted before your work permit expires, then you can submit your renewal application with "LMO applied for." Once you submit that renewal application (as long as it is before the expiration of the current work permit), you will be on implied status until you get a decision on the renewal - that means you can continue under the same conditions of the existing work permit.

Your problem is the renewal application you have submitted with an invalid LMO. I don't know if they will outright reject it, or contact you asking for the new LMO. You can try to withdraw it... or call them...

From the instruction guide:
To obtain a refund, you need to send a written request to withdraw your application to the processing centre at CPC Vegreville, 6212 - 55th Avenue, Vegreville AB T9C 1W5.
The processing fee is only refundable if we receive your request before processing