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Implied status question

pultyn

Star Member
Jan 8, 2013
186
20
My friend's got a problem.

His WP is about to expire next week. His employer's LMIA application got refused. They want to reapply though.

Can he apply for an extention without proof that LMIA application was submitted and work on implied status?

Thanks
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
My friend's got a problem.

His WP is about to expire next week. His employer's LMIA application got refused. They want to reapply though.

Can he apply for an extention without proof that LMIA application was submitted and work on implied status?

Thanks
He can try but if the application is rejected as incomplete, "implied status" will never have existed, rendering the work illegal.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
My friend's got a problem.

His WP is about to expire next week. His employer's LMIA application got refused. They want to reapply though.

Can he apply for an extention without proof that LMIA application was submitted and work on implied status?

Thanks
Bad idea. As said above, the app will likely be rejected as incomplete, leaving him out of status as of the expiry date of his current work permit and with a record of working illegally in Canada. He could apply for Restoration but with illegal work, the chance of approval would be low. If the extension is rejected as incomplete more than 90 days after his current permit expires, he would have no other option but to leave Canada.

He needs to apply to change his status and extend his stay as a visitor.
 

pultyn

Star Member
Jan 8, 2013
186
20
The thing is he has his PNP application already prepared. He wants to send it tomorrow.

It will take few weeks to get nominated. Once nominated he wants to do flag pole and get WP.

What would be the best for him at this moment?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
The thing is he has his PNP application already prepared. He wants to send it tomorrow.

It will take few weeks to get nominated. Once nominated he wants to do flag pole and get WP.

What would be the best for him at this moment?
As already stated, to change his status to visitor.