WP expiring, but initiating LMIA process

[thegreatest]

Folks,

Apologies if I didn't ask in the correct thread.

My WP is expiring on Sep 18, but my employer is ready to go through LMIA process (dual-intent). We are currently working on it, but by the time we apply for it and IRCC processes our application, my WP will expire.

What can I do to continue working while the LMIA is being processed? Your response will be appreciated. Thanks for your time.

 

[jaybe]

Folks,

Apologies if I didn't ask in the correct thread.

My WP is expiring on Sep 18, but my employer is ready to go through LMIA process (dual-intent). We are currently working on it, but by the time we apply for it and IRCC processes our application, my WP will expire.

What can I do to continue working while the LMIA is being processed? Your response will be appreciated. Thanks for your time.

After submitting LMIA application, it will take approx a month to get reply(in my case took 20 days). If your current WP expires you can't work. So you should submit renew your current WP before it expires which will give you another month or two, and you are in implied status and can work until they approve/reject.
Once you get LMIA then you can apply for LMIA WP and EE.

 

[jfalvitez]

Hi. How can your employer do to avoid the 1000 fee , i wanna do the same but I my employer would not like to pay the 1000 dollars.

 

[thegreatest]

Hi. How can your employer do to avoid the 1000 fee , i wanna do the same but I my employer would not like to pay the 1000 dollars.

If you are filing for a PR LMIA, it wouldn't cost anything, but if you are filing a dual-intent (PR + Work Permit), the employer has to pay $1,000 fee to process the application.

 

[jes_ON]

My WP is expiring on Sep 18, but my employer is ready to go through LMIA process (dual-intent). We are currently working on it, but by the time we apply for it and IRCC processes our application, my WP will expire.

What can I do to continue working while the LMIA is being processed? Your response will be appreciated. Thanks for your time.

The important part is whether your employer will be able to submit the LMIA application before your work permit expires. if yes, then you can apply to extend your work permit with LMIA pending, in the last 2 weeks remaining on your work permit. As long as IRCC receives the work permit application on or before the expiry date, you will then be on implied status, and can continue to work.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

There is no check box for "LMIA pending" on the application form, you will have to include a letter of explanation and proof that your employer had already applied for the LMIA (courier delivery receipt, copy of application, copy of file number...) with your work permit application.

If you submit the application to extend without proof, you can technically continue to work until you get refused, but your application could be returned as incomplete, which means that the time working after your current permit expires would not be considered as implied status, and you would have to quit working right away.