WP expires soon but no response

[krisanna]

Hi all,

I've applied for my PNP in BC almost 2 months ago and still waiting. Also applied for a new LMO a month ago with the same employer.
My current work permit expires in 10 days and I thought I'd get a reply by now either from PNP or LMO side so I can apply for a work permit extension but nothing and I'm really really worried.
My employer didn't get any phone calls what so ever from either part, besides the notification indicating they've received my application.

So what should I do now? And if my work permit expires will I still be eligible for PNP?

 

[Eateateat]

Im 99% percent sure you will "default" so to speak, to implied status as soon as your permit expires, because you have put in an official immigration application.

Someone on here will likely confirm this soon.

The only reason i can see that you wouldnt be on implied status is that the Provinical nominee program isnt, as far as i know, a work permit.

 

[PMM]

Hi

Im 99% percent sure you will "default" so to speak, to implied status as soon as your permit expires, because you have put in an official immigration application.

Someone on here will likely confirm this soon.

The only reason i can see that you wouldnt be on implied status is that the Provinical nominee program isnt, as far as i know, a work permit.

No LMO, no implied status. The OP will have to stop work.

 

[krisanna]

Thanks for the replies. So I guess i have to wait till i get a reply from Service Canada and even after my work permit expires i can apply for a restoration right? Or just to be safe, do you think it's better to apply for a visitor visa before the WP expires?

 

[PMM]

Hi

Thanks for the replies. So I guess i have to wait till i get a reply from Service Canada and even after my work permit expires i can apply for a restoration right? Or just to be safe, do you think it's better to apply for a visitor visa before the WP expires?

If you apply for a visitor extension, then you would have to obtain the work permit outside Canada or at a Port of Entry.

 

[xtalj]

Thanks for the replies. So I guess i have to wait till i get a reply from Service Canada and even after my work permit expires i can apply for a restoration right? Or just to be safe, do you think it's better to apply for a visitor visa before the WP expires?

You have 90 days from the expiry date to restore your status, so you can wait for your LMO which should be issued soon, and then if ur status expired, apply for a extension of ur work permit and a restoration of ur status at the same time, in same application. You just need to pay a CAD200.00 fee for the restoration.

But I guess you won't be able to work after ur status expire and before ur new work permit be issued.

 

[krisanna]

So you said, If I apply for a visitor visa before my work permit expires then I'll get the chance to get my work permit at the port of entry after I get my LMO confirmation. However do I have to wait to receive my visitor visa -which will take about 100 days- to be able to go to the port of entry or the fact that I applied for a visitor visa would already make me eligible for an application. I mean do I still have to wait for 100 days in order to get my work permit after all?

 

[oilsand]

Hi

If you apply for a visitor extension, then you would have to obtain the work permit outside Canada or at a Port of Entry.

Is this possible even for applicants from non-visa exempt country? Does the applicant need to bring their dependents as well at the Port of Entry (SOWP & Study Permit)?

 

[talktofrank]

Your best bet is the LMO as the BC PNP is currently experiencing a major backlog. When I sent mine off they estimated 14-16 weeks but I didn't get a decision till 24 weeks had passed.

 

[ditta]

Krisanna,
I usually don`t post here, but I see you need advice. If you already applied in PNP category means you have the right to remain in the country while your application is being processed. If your work permit expires you have to submit an application for visitor visa if you want to play it safe. You have 90 days after the expiry to restore your status if you get your LMO in the meanwhile. You have to pay 200$ for restoration and the fee of the WP extention. If you get your visitor visa you may get your WP issued at the border only in case you are from a visa-exempt country. Non-visa exempts have to apply outland as it is going to be a new WP not an extention if you are a visitor. You can send your application to your homeland embassy or Buffalo, US if you reside in Canada. You cannot work after the date your WP expires until you get your new documents. The normal processing time for LMO 6-8 weeks, but you have to expect more than that. Your employer can call Human Resources to get information about your case.
If you apply online and not on paper the processing time is currently 50 days for visitor visas.

To oilsand:
If you are from non visa-exempt country you cannot use the option of Port of entry. You have to apply through CIC visa offices by mail or online. If someone has the right to present herself/ himself at the Port of entry it is not a requirement to have your dependants with you, however if you have Canadian spouse/partner it can be really helpful.