Help! WP extension refused because of no LMO. AOR hasn't received yet.

[fanziyi]

My WP extension was refused on Dec 8th because i did not have a LMO which was not asked for at my first work permit application. However, i indeed changed position title. PR application under CEC was submitted end of August and AOR is not issued yet.

I have 90 days to apply for a restoration of my status. However, i can not work and had to resign right away (did on Dec 9th )

My employer insists getting a LMO for me and they already hired a lawyer working on this. I prefer to leave Canada soon and wait until i hopefully get my PR and come back. Then my project will be delayed or even taken over by others which is very painful for me.

Please please anyone give your suggestions if your could have any...

 

[tortau]

If your employer is willing to hire a lawyer to obtain an LMO, I say go for it. Because if for some reason your PR application was returned (due to incomplete application or some other reason), then you will need to apply via the new EE system and a LMO will be needed.

I was in the same situation i.e. lost my status because boss did not obtain the LMO and I applied to renew my work permit. We hired a lawyer to reinstate my status and then I applied for PR.

 

[BSNEXUS]

Hey fanziyi when did you applied WP? applied via paper or online?

 

[bimbim]

Hey Fanziyi, were you on a Open Work Permit? Or it was closed to your employer?

 

[miglop2014]

If you applied at the end of August then you should get your AOR before the 90 days period expires.

Remember that if you leave Canada in your situation you won't be able to apply for an open work permit until you get your permanent residence (13 months since you applied).

So, IMHO, just wait inside Canada for your AOR and apply for the open work permit.

The LMO would be a great idea if you are really happy in the company where you are right now. But if you are looking for a change just wait for the AOR.

 

[mesumrizvi]

I suggest get an LMO if your employer is willing to help.. i do not know of any cases where BOWP was issued AFTER the original work permit has expired.. the condition for BOWP is for applicant to have a valid work permit and since your work permit has expired and you will apply for BOWP along with restoration of status application, i highly doubt if it will work..

so i suggest get an LMO through your employer as statistically it is your best chance to stay and work in Canada while your PR is under process.

 

[scylla]

So, IMHO, just wait inside Canada for your AOR and apply for the open work permit.

This won't work because the OP's work permit has expired. You can only apply for an open work permit if you currently hold a valid work permit. So the OP needs an approved LMO/LMIA to start working again.

 

[fanziyi]

Hey fanziyi when did you applied WP? applied via paper or online?

I applied online on Oct 20, 11 days before the expiry of my WP. It was too late but initially i was waiting to get the AOR for a BOWP.

 

[BSNEXUS]

Buddy why you applied Online. You should have applied via paper to buy more time

 

[fanziyi]

Buddy why you applied Online. You should have applied via paper to buy more time

I did n't expect the extension would be refused. Also, i wan't sure if i was able to apply for BOWP under implied status after WP expiry.

 

[fanziyi]

If your employer is willing to hire a lawyer to obtain an LMO, I say go for it. Because if for some reason your PR application was returned (due to incomplete application or some other reason), then you will need to apply via the new EE system and a LMO will be needed.

I was in the same situation i.e. lost my status because boss did not obtain the LMO and I applied to renew my work permit. We hired a lawyer to reinstate my status and then I applied for PR.

Thank you, tortau, for sharing your experience.
Did you eventually get the LMO? if so, how long did it take? Would you please let me know more details on how your lawyer reinstated your status?
I am worrying if they can get the LMO in time so i can reapply to extend WP with the approved LMO within the 90 period. I appreciate your response.

 

[fanziyi]

If you applied at the end of August then you should get your AOR before the 90 days period expires.

Remember that if you leave Canada in your situation you won't be able to apply for an open work permit until you get your permanent residence (13 months since you applied).

So, IMHO, just wait inside Canada for your AOR and apply for the open work permit.

The LMO would be a great idea if you are really happy in the company where you are right now. But if you are looking for a change just wait for the AOR.

My cc was charged on Nov12 but i still haven't got any AOR. I am afraid, as mesumrizvi has mentioned, i am not eligible for a BOWP anymore.

 

[mesumrizvi]

My cc was charged on Nov12 but i still haven't got any AOR. I am afraid, as mesumrizvi has mentioned, i am not eligible for a BOWP anymore.

If your employer is willing to get you LMO.. take it and run with it.. there is no other way right now.. if there was no LMO in equation.. your best option was to stay in Canada as a visitor ineligible to take any job.. consider it a blessing your employer is willing to help with LMO..

I was in same situation and my employer was not going to help me with LMO... so i applied for paper based BOWP which took over 80 days but was eventually approved.

 

[miglop2014]

Then get the LMIA if you want to stay in Canada. You can always quit your job in the near future

I was thinking the same, that you can only get the BOWP if you have a valid work permit or are in implied status. But I've seen so many people talking about getting the BOWP after getting a refusal for the extension that I'm not sure anymore.

 

[tortau]

Thank you, tortau, for sharing your experience.
Did you eventually get the LMO? if so, how long did it take? Would you please let me know more details on how your lawyer reinstated your status?
I am worrying if they can get the LMO in time so i can reapply to extend WP with the approved LMO within the 90 period. I appreciate your response.

Yes, I did get the positive LMO.

It's hard to say how it went because I was kept out of it. Technically, it was my boss's fault that he did not take the necessary steps to secure a positive LMO (we renewed my work permit before and no documentation was needed because I still had extra years for post-graduate work). So he assumed it was the same process. So the lawyer he hired worked with him to put out the job postings, get letters of recommendation from our clients who have worked with me, then waited for the necessary time to pass (I think you need to wait for about 2-3 weeks to pass after posting the job to prove).

In short, I wasn't involved in this step at all and all I know is that it was a happy day when my boss called and told me he received the positive LMO. Then they submitted the work permit + status restoration application right before the 90 days deadline (because it goes into implied status again now that it is on its way). Then it was playing the waiting game again.

So if you have the chance and someone's willing to foot the bill (I think the whole process cost the company quite a bit of money & time), I say go for it.