CIC starts processing your WP but they have not got an LMO from service canada

[naziae]

can someone help me? I have already sent in my WP application with an LMO confirmation number. I was therefore wondering what happens if CIC starts processing your WP but they have not got an LMO from service canada? Will they reject your WP or wait until service canada makes a decision regarding your LMO? Also can I still work on implied status with a different employer than the one I used in the WP application? (I was on a PGWP)

 

[PMM]

Hi

can someone help me? I have already sent in my WP application with an LMO confirmation number. I was therefore wondering what happens if CIC starts processing your WP but they have not got an LMO from service canada? Will they reject your WP or wait until service canada makes a decision regarding your LMO? Also can I still work on implied status with a different employer than the one I used in the WP application? (I was on a PGWP)

No LMO, they will refuse your work permit. CIC no longer concurrently processes TWP without an LMO

 

[naziae]

Thanks but I already applied for my LMO.. when I called CIC they said to send in proof that I had applied as they do not think this is concurrent processing... I just want to know what happens when they get to my application, call service canada and service canada still hasnt made a decision. will they put it on hold?

http://www.trackitt.com/usa-discussion-forums/canadian-experience-class/666501903/concurrent-processing-for-lmo-and-work-permit-extensions

 

[PMM]

Hi

Thanks but I already applied for my LMO.. when I called CIC they said to send in proof that I had applied as they do not think this is concurrent processing... I just want to know what happens when they get to my application, call service canada and service canada still hasnt made a decision. will they put it on hold?

trackitt.com/usa-discussion-forums/canadian-experience-class/666501903/concurrent-processing-for-lmo-and-work-permit-extensions

They think wrong. Here is what CIC says. http://www.cic.gc.ca/english/work/processing.asp



"If you are applying for a work permit for a job that requires a Labour Market Opinion (LMO), you must now include the valid LMO with your application.
We are no longer accepting work permit applications without valid LMOs."

 

[naziae]

This is from the CIC web site:

For inland processing, the concurrent processing option will only be allowed for foreign nationals whose work permits will be expiring within two weeks at the time of application. They must provide proof of a valid job offer, as well as proof that the employer has submitted a request to Service Canada for a new LMO. Applications will be initialized and the processing fee will be processed. Applications will be held for two months from the date of receipt, after which a determination to either refuse or approve the work permit will be made.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob152A.asp

it is dated March 2012

 

[SenoritaBella]

That's right - some members have received their permits by doing this. About your other question: No, you can not work for a new employer on "implied status" because that is a change in conditions. The new employer has to apply for their own LMO and you, a new work permit as well.

This is from the CIC web site:

For inland processing, the concurrent processing option will only be allowed for foreign nationals whose work permits will be expiring within two weeks at the time of application. They must provide proof of a valid job offer, as well as proof that the employer has submitted a request to Service Canada for a new LMO. Applications will be initialized and the processing fee will be processed. Applications will be held for two months from the date of receipt, after which a determination to either refuse or approve the work permit will be made.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob152A.asp

it is dated March 2012

 

[naziae]

thanks! Does that apply also to a PGWP? I was on a PGWP and now am on implied status.. i thought at meant i can work under the same conditions as the post grad work permit until i hear a decision?

 

[SenoritaBella]

Your original question was, "Also can I still work on implied status with a different employer than the one I used in the WP application? (I was on a PGWP)"

Here's what this website http://www.cic.gc.ca/english/resources/manuals/bulletins/2008/ob087.asp says:

"Current Policy

TFWs who have applied to extend a WP with the same employer have implied status from the date the application is received at CPC-V and can continue to work at their existing place of employment as long as they remain in Canada.

TFWs who have applied for a WP with a new employer, however, are not able to work for the new employer until they receive their work permit."

You are asking whether you can work for a different employer and somehow get implied status, and the answer to that is NO. This new employer has to get their own LMO and you have to apply for work permit tied to this employer.

thanks! Does that apply also to a PGWP? I was on a PGWP and now am on implied status.. i thought at meant i can work under the same conditions as the post grad work permit until i hear a decision?

 

[naziae]

This is all very useful but it is dated 2008 is the anything more recent? I don't think anyone is getting me. My PGWP says I can work for any employer (this is what it says on the permit that is in my passport) so does that mean I can work with any employer even on implied status? I do not have a closed work permit! I am applying for one!

 

[scaryclare]

I think I understand your situation. If you have an open work permit then you can work for any employer which is valid to the date your work visa expires, but what you are saying is that you have applied to extend your visa but this time with a named employer who has applied for an LMO who will now be stated on the WP you have applied for. From the way I understand it then I would say that you will be allowed to continue on implied status as until a decision is received in writing from CIC you can continue to work under the status you have on your current work permit, which was an open work permit, obvioulsy once you get your new work visa through with a named employer you will not then be able to keep changing employers again unless they have an LMO. CIC will hold your application for 2 months from the date they received your application in which time you have to send the LMO otherwise they will refuse your application regardless if the LMO is still processing, that is what has just happened to us.

 

[naziae]

I think I understand your situation. If you have an open work permit then you can work for any employer which is valid to the date your work visa expires, but what you are saying is that you have applied to extend your visa but this time with a named employer who has applied for an LMO who will now be stated on the WP you have applied for. From the way I understand it then I would say that you will be allowed to continue on implied status as until a decision is received in writing from CIC you can continue to work under the status you have on your current work permit, which was an open work permit, obvioulsy once you get your new work visa through with a named employer you will not then be able to keep changing employers again unless they have an LMO. CIC will hold your application for 2 months from the date they received your application in which time you have to send the LMO otherwise they will refuse your application regardless if the LMO is still processing, that is what has just happened to us.

Thank you! That is exactly what I was asking! When I get my new WP I have told my summer employer that I would have to stop working.. I was only asking because I work as a Supported Childcare worker with a child that needs continuous support with the same person. I currently work with the child in out of school care program and the program does not run in the summer. Therefore the child I work with is going to a summer camp with a different employer and they have asked me to work with the child over the summer....