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Author Topic: Implied Status!  (Read 466 times)
danae
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« on: November 12, 2011, 05:22:19 am »

Am currently on a temporary work permit which got approved after obtaining a positive LMO.
Meanwhile, I, through my employer have applied for permanent residency through the PNP.
It's getting close to where my current work permit will expire and I will be unable to work and I am wondering what I'm allowed to do if I apply to change the conditions of my stay from worker to visitor(as I don't have a new LMO nor have I applied for one).
If I apply to change to visitor status, does that allow me to continue working under my current conditions until I receive my new status(or rejection) from CIC?
Or does implied status simply allow me to stay in Canada as a visitor until I receive a response?
I could also apply to extend as a worker, but since I don't have the LMO,they'll reject it right away which I don't really mind as all I want is to be able to work for as long as possible until I get an answer in regards to my PR application.
Would applying for an extension of my work permit without the LMO still put me on implied status, even though they will obviously refuse it?
I'm not sure which option to go with here  Shocked
Any helpful advice is much appreciated, thank you.
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rjessome
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Posts: 4080
Ratings: +180

« Reply #1 on: November 12, 2011, 02:39:46 pm »

Am currently on a temporary work permit which got approved after obtaining a positive LMO.
Meanwhile, I, through my employer have applied for permanent residency through the PNP.
It's getting close to where my current work permit will expire and I will be unable to work and I am wondering what I'm allowed to do if I apply to change the conditions of my stay from worker to visitor(as I don't have a new LMO nor have I applied for one).
If I apply to change to visitor status, does that allow me to continue working under my current conditions until I receive my new status(or rejection) from CIC?
Or does implied status simply allow me to stay in Canada as a visitor until I receive a response?
I could also apply to extend as a worker, but since I don't have the LMO,they'll reject it right away which I don't really mind as all I want is to be able to work for as long as possible until I get an answer in regards to my PR application.
Would applying for an extension of my work permit without the LMO still put me on implied status, even though they will obviously refuse it?
I'm not sure which option to go with here  Shocked
Any helpful advice is much appreciated, thank you.

As a provincial nominee, you can apply to extend your work permit without an LMO.  You may need a special letter from the Provincial Nominee Program to support your WP extension application or just a copy of the nomination certificate.  Call the PNP in the province that nominated you to find out what they provide.
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danae
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Posts: 8
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« Reply #2 on: November 12, 2011, 10:08:05 pm »

Thank you for responding.
The trouble is I still don't know whether I will be nominated.I was notified that processing time is approx. 20 weeks so I still have over a month and a half of waiting and my current visa will expire in the meantime.
Don't quite understand if implied status means I am under my current conditions and workpermit until i recieve an answer in regards to a potential visitors visa which I need to apply for anyway or whether i will be under implied status as a visitor and therefore cant work.
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rjessome
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Posts: 4080
Ratings: +180

« Reply #3 on: November 13, 2011, 11:57:12 am »

Thank you for responding.
The trouble is I still don't know whether I will be nominated.I was notified that processing time is approx. 20 weeks so I still have over a month and a half of waiting and my current visa will expire in the meantime.
Don't quite understand if implied status means I am under my current conditions and workpermit until i recieve an answer in regards to a potential visitors visa which I need to apply for anyway or whether i will be under implied status as a visitor and therefore cant work.

Then you have to use strategy.  Apply for an extension to your work permit via paper application advising them that your provincial nomination is coming any day and that as soon as you get it, you will send it to them.  Send a copy of the file number email you received from the PNP.  Then, if you get the nomination, send it to Vegreville for them to add to your WP application.  It will keep you on implied status and able to work.  If the nomination is refused, your work permit will be refused and you must stop working when you receive the decision on your Work Permit.
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danae
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Posts: 8
Ratings: +0

« Reply #4 on: November 13, 2011, 05:36:38 pm »

Fingers crossed and I'll send this off immediately then with the attachment explaining myself.
Thank you again for your response. Smiley
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