Low skilled LMO application and work permit extension
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Author Topic: Low skilled LMO application and work permit extension  (Read 1757 times)
Betti
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« on: June 19, 2012, 03:09:21 pm »

Hi,
I have a series of questions and hope someone can help.

I am living in Canada almost 3 years and was ineligible for a 2nd year on my IEC visa, therefore decided to go down the LMO route to stay another year. I work in administration and according to the NOC Level D (pilot year for low skilled workers) my employers were eligible to apply.They submitted the application May 24th and I submitted my work permit extension application online May 29th, ticking the box that said I had applied for an LMO but was waiting on a file number. My visa is due to expire July 11th and from what I understand, because I have applied for a work permit extension, I have implied status until a decision has been made. However, I would like to know what my options are if I get a negative LMO and my employers decide not to appeal it. If this happens after my visa has expires, should I continue to wait until CIC get back to me about my extension or to be safe, should I apply to restore my status as a worker, at least buying some time? I know if I leave Canada I will lose my work permit, so if I will remain in the country until a final decision has been made.  Anyone else been through a similar situation? I do not want to stay here illegally so really want to ensure I have all my options weighed up. I always fail to get through to the CIC call centre and cannot afford a lawyer, so any help would be really appreciated.

Thank you

My questions is this:
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PMM
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Posts: 19084
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« Reply #1 on: June 19, 2012, 06:51:34 pm »

Hi


Hi,
I have a series of questions and hope someone can help.

I am living in Canada almost 3 years and was ineligible for a 2nd year on my IEC visa, therefore decided to go down the LMO route to stay another year. I work in administration and according to the NOC Level D (pilot year for low skilled workers) my employers were eligible to apply.They submitted the application May 24th and I submitted my work permit extension application online May 29th, ticking the box that said I had applied for an LMO but was waiting on a file number. My visa is due to expire July 11th and from what I understand, because I have applied for a work permit extension, I have implied status until a decision has been made. However, I would like to know what my options are if I get a negative LMO and my employers decide not to appeal it. If this happens after my visa has expires, should I continue to wait until CIC get back to me about my extension or to be safe, should I apply to restore my status as a worker, at least buying some time? I know if I leave Canada I will lose my work permit, so if I will remain in the country until a final decision has been made.  Anyone else been through a similar situation? I do not want to stay here illegally so really want to ensure I have all my options weighed up. I always fail to get through to the CIC call centre and cannot afford a lawyer, so any help would be really appreciated.

Thank you

My questions is this:

1.  You do know that CIC no longer accepts work permit applications without the LMO?  So you can expect a refusal.
2.  If you don't get an approved LMO before your work permit expires, you have 90 days to apply for restoration if you receive the LMO.  You have to stop working.
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PMM
Betti
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« Reply #2 on: June 20, 2012, 09:20:55 pm »

Thank you for your reply.

So are you saying that implied status only exists if I have a positive LMO and the CIC are processing my application? That without a response from the LMO before my visa expires, I must stop working? Do you know if I can remain in the country whilst restoration of status application is being processed (not working) or whether I have to cross the border and gain a tourist visa there?

Please help!

Thank you
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PMM
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Posts: 19084
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« Reply #3 on: June 21, 2012, 02:40:19 pm »

Hi


Thank you for your reply.

So are you saying that implied status only exists if I have a positive LMO and the CIC are processing my application? That without a response from the LMO before my visa expires, I must stop working? Do you know if I can remain in the country whilst restoration of status application is being processed (not working) or whether I have to cross the border and gain a tourist visa there?

Please help!

Thank you

1.  Yes.
2.  Yes, you must stop working.
3.  Yes, you can remain.
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PMM
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