Giving up LMO to get BOWP

[928029]

My PGWP has expired and I am now on implied status, waiting for LMO results.
I am sending my CEC application this week and hopefully will get AOR in a few weeks.

Some issues recently happened in the company make me decide to look for other opportunities,
but I know that my application for BOWP will be rejected if I am bound to a LMO WP application.

I just wonder what I should do if I really want to give up the LMO? anyone has done that before?
Any chance that I will be out of status?

Thank you!

 

[canadavisa13]

Hi 928029,

your only chance for a work permit as of now is to get an LMO.
you can not apply for BOWP because one of the requirements is to have an AOR and a valid work permit that is set to expire within the next 4 months,unfortunately your work permit has already expired.

good luck.

 

[thisisauser]

My PGWP has expired and I am now on implied status, waiting for LMO results.

You are NOT on implied status if you are waiting for LMO results. You only will have implied status if you are waiting for work permit to be issued which you applied for while your previous work permit was still valid.

I am sending my CEC application this week and hopefully will get AOR in a few weeks.

Some issues recently happened in the company make me decide to look for other opportunities,
but I know that my application for BOWP will be rejected if I am bound to a LMO WP application.

That is not correct. You can apply for BOWP regardless your Closed WP.

I just wonder what I should do if I really want to give up the LMO? anyone has done that before?
Any chance that I will be out of status?

As I said above, you are likely already out of status. You are not eligible for BOWP either. Best option is to wait for LMO, once that is issued apply for Closed WP, once that is issued and granted you have your AOR by then, you can apply for BOWP.

Thank you!

 

[928029]

Hi thisisauser,

Sorry I didn't make it clear. I have submitted a paper application for work permit in April.

In this sense, can I still apply BOWP when I receive my AOR?

Thanks!

 

[canadavisa13]

Hi 928029,

i do not understand why you keep asking the same question,instead you can just stop being lazy and check the requirements for the BOWP on the cic website.
once again,no you can not apply for a BOWP once you receive your AOR because your current work permit has already expired,this has nothing to do with being on implied status and having an application via LMO route.
if you want to stay in canada and keep working you need to secure an LMO or else you have to change your status to a visitor or leave canada and come back once your permanent resident visa is issued.
P.S:the pr application under CEC currently gets processed in an average of 8 to 10 months if everything is in order and you do not have to be in canada while your application is in process so leaving the country and coming back as a permanent resident might be an option to consider as well.

good luck.

 

[canadavisa13]

i also would like to advice you that since you have applied without an approved LMO most likely your application for work permit will be rejected if LMO is not ready before they start processing your work permit application,in this case you will be given 90 days grace period from the date of rejection letter to restore your status or leave canada.
to me it sounds that your employer is not willing to further go the LMO route and hence you may start looking for a new employer starting from now or wait for the rejection letter to apply for a visitor status or once again leave canada if you ca not stay without being able to work.

 

[928029]

i also would like to advice you that since you have applied without an approved LMO most likely your application for work permit will be rejected if LMO is not ready before they start processing your work permit application,in this case you will be given 90 days grace period from the date of rejection letter to restore your status or leave canada.
to me it sounds that your employer is not willing to further go the LMO route and hence you may start looking for a new employer starting from now or wait for the rejection letter to apply for a visitor status or once again leave canada if you ca not stay without being able to work.

My boss received a phone call from Service Canada last Friday, the LMO application is denied. But I have not yet heard from CIC about my paper application for work permit yet. What should I do now? Can I leave the country and return as a visitor and look for new employer?

 

[rajjj]

My boss received a phone call from Service Canada last Friday, the LMO application is denied. But I have not yet heard from CIC about my paper application for work permit yet. What should I do now? Can I leave the country and return as a visitor and look for new employer?

you will not get any info from cic of your work permit Application because in cic wait for 60 day for lmo if they not receive lmo in 60 days work permit Application automatically denied or fused from cic system.so better is apply to restore your status .and no wait for reply for m cic.hope this cleared

 

[928029]

you will not get any info from cic of your work permit Application because in cic wait for 60 day for lmo if they not receive lmo in 60 days work permit Application automatically denied or fused from cic system.so better is apply to restore your status .and no wait for reply for m cic.hope this cleared

I am still on implied status since CIC hasn't denied my WP application yet, how can I restore my status?
What would be the downside if I wait until I hear from CIC? since I still have my CEC application, I don't want to confuse them or mess things up.

PS: I have already stopped working

 

[jes_ON]

I am still on implied status since CIC hasn't denied my WP application yet, how can I restore my status?
What would be the downside if I wait until I hear from CIC? since I still have my CEC application, I don't want to confuse them or mess things up.

What was the expiration date of the PGWP? If you are within 90 days of the expiration, you can apply to restore status AND change status to visitor.

http://www.cic.gc.ca/english/information/applications/visitor.asp

Also, if you are still within 90 days of the expiration of the PGWP, then if you are looking for a new employer, the advertising requirements for an LMO are still waived. (See the section on "Advertisement")
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml


Any idea what went wrong with the first LMO application?

 

[928029]

What was the expiration date of the PGWP? If you are within 90 days of the expiration, you can apply to restore status AND change status to visitor.

http://www.cic.gc.ca/english/information/applications/visitor.asp

Also, if you are still within 90 days of the expiration of the PGWP, then if you are looking for a new employer, the advertising requirements for an LMO are still waived. (See the section on "Advertisement")
http://www.esdc.gc.ca/eng/jobs/foreign_workers/higher_skilled/students/index.shtml


Any idea what went wrong with the first LMO application?

It's still within 90 days, in this case, do I have to pay for $200 restoration fee? if yes, how to let them know my situation? Can I just cross the border and return as a visitor?

My another thought is to wait until I get the AOR and it may be easier to look for new employers? but I read from another thread that these 90 days can be considered as "illegal" or "out of status"? (but the point is I haven't heard from CIC yet)

According to my boss, Service Canada just told them "many canadians can fill the job" (my NOC is 4163) and they didn't even ask for additional information, the processing time was 8 weeks same as they claimed. This has actually caught me off guard.

 

[jes_ON]

According to my boss, Service Canada just told them "many canadians can fill the job" (my NOC is 4163) and they didn't even ask for additional information, the processing time was 8 weeks same as they claimed. This has actually caught me off guard.

Your boss apparently did not inform ESDC that you were on a PGWP, because hiring someone on a PGWP exempts the employer from the advertising and "proof" requirements.

 

[jes_ON]

It's still within 90 days, in this case, do I have to pay for $200 restoration fee? if yes, how to let them know my situation? Can I just cross the border and return as a visitor?

Did even you look at the link I provided? You have to submit your application and pay the fees. You can submit for restoration on the same form.


My another thought is to wait until I get the AOR and it may be easier to look for new employers? but I read from another thread that these 90 days can be considered as "illegal" or "out of status"? (but the point is I haven't heard from CIC yet)

What would be the point of this? The AOR does not authorize you to work. And staying past the 90-day grace period would definitely put your CEC application in jeopardy.

 

[928029]

^ Hmm..strictly speaking I'm not out of status since I have not heard from CIC about my WP application yet.
Now that my plans changed completely because of this, I actually wanna make my travel plan come true (after one whole year), therefore, I can't afford waiting another 2 months burning rental money for them to process my restoration and change status to visitor.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp
Implied Status and Travelling Outside Canada
A temporary resident with implied status who has left Canada may:
be allowed to re-enter Canada as a temporary resident, pending a decision on the renewal of their application to study or work in Canada, provided they are TRV exempt as per R190 or on a multiple-entry visa.

Does this apply to my situation? (I'm from a TRV exempt country)

 

[jes_ON]

True enough, if you're visa-exempt, you can leave, and when you come back you can stay for up to 6 months as a visitor. You'll lose "implied status" as soon as you leave, but you'll lose it soon enough anyway..

Just be sure to update CIC with your change of address...