Work Permit Refused LMIA no desicion yet

[pirchcom]

My girlfriend Has been working for 2 years as Food Counter attendant. Her work permit expired and her boss has applied for new LMIA For her about 10 weeks ago.

Yesterday she was notified by CIC her work permit has been refused. the reason being her employer hasn't got an LMIA.

She put the file number of the LMIA in her initial work permit application.

Does this mean her boss will have his LMIA refused also or should she wait until he gets a refusal letter from CIC for the lmia.

Second question is her employer seems to think she can continue to work under implied status until his LMIA decision has been reached. I told her no way. Once her permit was refused she CAN NOT WORK .

 

[prashanthbv]

Hey

This is the exact situation that i am in. So even my work permit extension was refused as we did not have the LMIA result by the time it was processed.

1) This does not mean that your LMIA will be refused

2) She is not under implied status. The rejection letter might have mentioned that she gets 90 days to restore her status. Which is called Restoration period. During this period you are not allowed to work or study

Just wait for the LMIA and then once you get it, you can apply for restoration of work permit along with the approved LMIA

The 90 days period starts from the day she got the refusal letter and NOT from the day her wp expired. For ex - If her wp expired on Aug 10 and got refusal on Sep 10, the 90 days start from Sep 10. Only the period between the expiration and the refusal she has the implied status during which she can work

Hope thats clear. Good luck!!

 

[pirchcom]

We have already applied and approved an 8 month Visitor Visa . Just incase her work permit or lmia didn't go thru. So we are happy that has been approved.

 

[prashanthbv]

We have already applied and approved an 8 month Visitor Visa . Just incase her work permit or lmia didn't go thru. So we are happy that has been approved.

Oh thats nice. I am currently applying my visitor visa. I would be glad if you can help me in what documents and what is the fee you paid for that?

 

[pirchcom]

The fee is $100.

The online application will tell you documents needed. I did a letter of invitation for her.

 

[pirchcom]

Ok so mygirlfriend was refused work permit because employer didnt have LMIA only the file nuber thet we submitted on her application.

Work permit refused on Dec 11th LMIA granted Dec 15th Now we applied again for work permit and restoration.

Question is can she work while waiting for aproval of work permit. She also has status her on visitor visa.

Thanks

 

[scylla]

No - she can't continue working. She should have stopped working as soon as she received the refusal. She can start working again once she has the new approved work permit in hand.

 

[pirchcom]

She did stop working once she got refusal. Her employer wants her to work starting again on wed.

 

[Jovie]

She did stop working once she got refusal. Her employer wants her to work starting again on wed.

Her Employer should be knowing that she is not allowed to work because it will reflect on her records, TAX's and Bank account (and its illegal) will may create trouble in the future.

 

[scylla]

Her Employer should be knowing that she is not allowed to work because it will reflect on her records, TAX's and Bank account (and its illegal) will may create trouble in the future.

Agreed. If she starts working before her new work permit arrives, this work will be illega and could jeopardize her status in Canada and/or future PR applications. She needs to wait until she has the new work permit.

 

[Jovie]

Agreed. If she starts working before her new work permit arrives, this work will be illega and could jeopardize her status in Canada and/or future PR applications. She needs to wait until she has the new work permit.

Thats right @scylla.. better wait than sorry eh.. we dont want to play with law here.. everything is centralize.

 

[pirchcom]

Thanks to all.

She had her employer call cic and he got an earful from CIC explaining the rules and that he should have applied for LMIA a lot sooner.
And its his fault not his employees fault.

Thanks again

 

[focus27]

Hi, this sis my situation... Im still on Work permit my employer gonna apply for LMIA, my WP runs out in 1,5 months. If i apply for a new WP and i dont have a LMIA number is that means im gonna be on Implied status till i get that number? or what i need to apply to be on Implied status.
Thanks for a help.

 

[scylla]

Hi, this sis my situation... Im still on Work permit my employer gonna apply for LMIA, my WP runs out in 1,5 months. If i apply for a new WP and i dont have a LMIA number is that means im gonna be on Implied status till i get that number? or what i need to apply to be on Implied status.
Thanks for a help.

If you apply for a new work permit before your old work permit expires, then you will be on implied status until a decision is made on your new work permit application. Implied status has nothing to do with the LMIA. If the work permit application is processed before your LMIA is approved, then the work permit will be refused and you will no longer have implied status.

 

[focus27]

If you apply for a new work permit before your old work permit expires, then you will be on implied status until a decision is made on your new work permit application. Implied status has nothing to do with the LMIA. If the work permit application is processed before your LMIA is approved, then the work permit will be refused and you will no longer have implied status.

Thank you for replay i appreciate.
Do you know how long decisions can take time for a new WP and LMIA?
thanks again