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Working to current employer on implied status with new employer

Regdor

Full Member
Sep 27, 2011
49
0
I need help badly. Hope someone could be of advice...

My work permit will expire this november and i was already informed by my employer that my contract will no longer be renewed. But luckily, i got a new employer and lmo was applied and work permit extension with change of status considering the work permit is expected to come out next year, thus making my stay in canada under implied status. My concern is, can i work with my current employer after the lapse of my work permit consideing i have pending application for renewal but with other employer? Because if not allowed, that would mean that i would not be able to work after nov until the release of my new work permit perhaps in march? How am i supposed to afford the cost of living here without work for a couple of months? I will appreciate any expert advice in my case. Thanks...
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
You can't work with your new employer till you receive your new WP under the new employer.

Regdor said:
I need help badly. Hope someone could be of advice...

My work permit will expire this november and i was already informed by my employer that my contract will no longer be renewed. But luckily, i got a new employer and lmo was applied and work permit extension with change of status considering the work permit is expected to come out next year, thus making my stay in canada under implied status. My concern is, can i work with my current employer after the lapse of my work permit consideing i have pending application for renewal but with other employer? Because if not allowed, that would mean that i would not be able to work after nov until the release of my new work permit perhaps in march? How am i supposed to afford the cost of living here without work for a couple of months? I will appreciate any expert advice in my case. Thanks...
 

Regdor

Full Member
Sep 27, 2011
49
0
Thank you for the immediate reply..but can i work for my existing employer while waiting for the work permit for new employer? I mean, my present employer will buy me ticket back to my home country prior to november. But since i got a new emplyer with pending wp application, do ii have to declare to my present employer that i will not leave canada, and can i continue to work with my present employer even after the lapse of my wp with them considering i am still a legal worker of implied status? Thank you in advance
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Implied status is applicable only when you applied for the new work permit prior to the expiry of the current WP under the same conditions of your existing/valid WP. So having an application sent prior to the expiry of your current WP but under a different employer will not fall under "implied status."

Regdor said:
Thank you for the immediate reply..but can i work for my existing employer while waiting for the work permit for new employer? I mean, my present employer will buy me ticket back to my home country prior to november. But since i got a new emplyer with pending wp application, do ii have to declare to my present employer that i will not leave canada, and can i continue to work with my present employer even after the lapse of my wp with them considering i am still a legal worker of implied status? Thank you in advance
 

Regdor

Full Member
Sep 27, 2011
49
0
job_seeker said:
Implied status is applicable only when you applied for the new work permit prior to the expiry of the current WP under the same conditions of your existing/valid WP. So having an application sent prior to the expiry of your current WP but under a different employer will not fall under "implied status."
Thank you sir for reply. Does that mean sir that my stay in canada will ne illegal after novemner? I expect my new work permit arund march. What do i do? Pls help.

The status is my lmo is submitted and my workpermit for new employer is ready for submission prior to expiry. It will be submitted withour lmo but the lmo file number and receipt willbe included in the apllication, then if the lmo arrives this november after work permit exoiry, we r going to furnish vegreville of the lmo to spplement the application for work permit. Is is okay? Must must i do. Pls pls pls help....do i need to apply for restoration of status?
 

Regdor

Full Member
Sep 27, 2011
49
0
Thank you sir for reply. Does that mean sir that my stay in canada will be illegal after november or I can stay after Nov. while waiting for my work permit provided will not work? I expect my new work permit around march. What do i do? Pls help.

The status is that my lmo is submitted and my workpermit for new employer is ready for submission prior to expiry. It will be submitted without lmo but the lmo file number and receipt willbe included in the apllication, then if the lmo arrives this november after work permit expiry, we r going to furnish vegreville of the lmo to spplement the application for work permit. Is is okay? What must i do. Pls pls pls help....do i need to apply for restoration of status?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
If your WP is expiring within a month and LMO has not been received by the employer, you can send in application for the WP, attach a cover letter explaining that a LMO has been filed and you'll send the LMO once you received it (actually a call to CIC with the LMO File Number will suffice). Hopefully the LMO application is positive.

Regdor said:
Thank you sir for reply. Does that mean sir that my stay in canada will be illegal after november or I can stay after Nov. while waiting for my work permit provided will not work? I expect my new work permit around march. What do i do? Pls help.

The status is that my lmo is submitted and my workpermit for new employer is ready for submission prior to expiry. It will be submitted without lmo but the lmo file number and receipt willbe included in the apllication, then if the lmo arrives this november after work permit expiry, we r going to furnish vegreville of the lmo to spplement the application for work permit. Is is okay? What must i do. Pls pls pls help....do i need to apply for restoration of status?
 

Regdor

Full Member
Sep 27, 2011
49
0
@job seeker. thank you sir. If I apply for the new WP before my existing permit expires even if the LMO is still on process, can I still be called under "implied status"?

Will I still be considered a legal worker in such a case? or I should not work at all until I receive the docesion.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
I am not sure where you fall into. But you can't be working for the new employer till you get the new WP. And if the application is for a new employer then I don't think you can continue working for the current employer.

Regdor said:
@ job seeker. thank you sir. If I apply for the new WP before my existing permit expires even if the LMO is still on process, can I still be called under "implied status"?

Will I still be considered a legal worker in such a case? or I should not work at all until I receive the docesion.
 

Regdor

Full Member
Sep 27, 2011
49
0
Thank you jobseeker.. But one more thing, when my existing wp expires this november, can I stay in canada until I receive my new work permitt? Do I need to apply for restoration of status even I have applied for new work permit prior to expiry? Sorry for bothering.. I'm at a total loss..
 

Regdor

Full Member
Sep 27, 2011
49
0
Thank you jobseeker for your reply.

But one more thing, when my existing wp expires this november, can I stay in canada until I receive my new work permitt? Do I need to apply for restoration of status even I have applied for new work permit prior to expiry? Sorry for bothering.. I'm at a total loss..
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Sorry I can't say for sure what your status is, but if you had sent a WP application before your current one expires you don't have to send an application for restoration; but you can't work for either of the employers (old or new).

Regdor said:
Thank you jobseeker for your reply.

But one more thing, when my existing wp expires this november, can I stay in canada until I receive my new work permitt? Do I need to apply for restoration of status even I have applied for new work permit prior to expiry? Sorry for bothering.. I'm at a total loss..
 

Regdor

Full Member
Sep 27, 2011
49
0
job_seeker said:
Sorry I can't say for sure what your status is, but if you had sent a WP application before your current one expires you don't have to send an application for restoration; but you can't work for either of the employers (old or new).
Thank you Sir for your reply. By the way, if I may ask, this EI, I searched it's Employment Insurance. Is it applicable for foreign workers? or for Canadian Citizens and PRs only? Thank you in advance...