working on an expired work permit

[daymiel]

Greetings to all. I am currently a TFW on a work permit which will expire in Oct. 1, 2010. I also applied under FSW3, recieved AOR from CIO and request letter to submit full documention and sent full documentation to VO in Manila. They will review my application and decide if I am eligible for processing or not. They said that it would take 6 to 12 months to finalize my application if eligible. By that time, my work permit would be expired. I talked to our employer about this he told me that he will apply for a new LMO so I can get a new work permit. However, it normally takes 1-3 months to get a LMO and renew a work permit altogether. I also read in CIC's website that I cannot work if my work permit is expired. I recieved a message from him:

"Regardless of your application for Permanent Residency, you still need to apply for your renewal of work permit before it expires. I will send an LMO application before expiry. You need to send your application for work permit to CIC before your work permit expires even without the LMO confirmation, you can continue working and will have an emplied status. In that way, you don't need to worry about restoration fees."

I am confused about this. I dont know if this is legal or not. What if my application for residency is eligible and they conduct background checks and site visits and they see my working on an expired work permit and get rejected because of this. I dont want to risk my application. I am willing to stay and wait in Canada anyway. Anybody can knows what can I do?

 

[job_seeker]

Greetings to all. I am currently a TFW on a work permit which will expire in Oct. 1, 2010. I also applied under FSW3, recieved AOR from CIO and request letter to submit full documention and sent full documentation to VO in Manila. They will review my application and decide if I am eligible for processing or not. They said that it would take 6 to 12 months to finalize my application if eligible. By that time, my work permit would be expired. I talked to our employer about this he told me that he will apply for a new LMO so I can get a new work permit. However, it normally takes 1-3 months to get a LMO and renew a work permit altogether. I also read in CIC's website that I cannot work if my work permit is expired. I recieved a message from him:

"Regardless of your application for Permanent Residency, you still need to apply for your renewal of work permit before it expires. I will send an LMO application before expiry. You need to send your application for work permit to CIC before your work permit expires even without the LMO confirmation, you can continue working and will have an emplied status. In that way, you don't need to worry about restoration fees."

I am confused about this. I dont know if this is legal or not. What if my application for residency is eligible and they conduct background checks and site visits and they see my working on an expired work permit and get rejected because of this. I dont want to risk my application. I am willing to stay and wait in Canada anyway. Anybody can knows what can I do?

You'd be on implied status if you have submitted you application before the expiration of your work permit. If your NOC is one of those eligible for concurrent processing, attach a letter informing CPC that your LMO is in progress and you will send them a copy once you get it. Your employer should actually start the process now since the adv has to be in place for at least 14 days and then s/he would still need to summarize the result of the recruitment effort before s/he can apply for the LMO in your favor.

 

[daymiel]

now i dont have to worry about my application while i renew my work permit. thanks for your help.

 

[angellois]

I have a friend under the LCP her work permit, sin, ohip expires today. She is applying for permanent residency and will submit it tomorrow. She is still working with the same employer. Is she still valid to work even with an expired permit? Or she needs to apply for a new work permit with the same employer? Thank you.