+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

normiux23

Newbie
Jul 22, 2013
3
0
Hello everyone!

I am currently working in a restaurant as Server and my working and holiday visa expires on August 11, I spoke to my employer and is willing to be my sponsor to stay in work longer for him and we will apply for the LMO right away but apparently the process takes about 4 weeks and then would start with the work permit process, but this would start after my visa expiring day, so I have the following question: Can I stay in Canada and continue working normally on while the LMO and my work permit are positive? What I've read on Immigration Canada web page was:

If you are applying for another work permit, you must remain in Canada and meet the conditions of your original work permit.
If you are applying for an extension before your work permit expires, you can keep working under the same condition of the current work permit until CIC makes a decision on your application.
If your work permit expires after you have submitted your application for an extension but before you receive a decision in your application, you can stay in Canada under implied status, meaning you will be considered in status until a decision is given to you.

What I don't know is if I can continue working without having the result of the LMO?

Another back up plan was changing my status to tourist and just wait to get my work permit.

On the other hand my boyfriend wants to marry me to so I wont have to leave Canada but what I have understood, if I marry him I could not work right away he must first sponsor me ant then apply for residency in order to work legally in the Country.

What are the options that I have, I know I am running out of time and I have not many options.

I greatly appreciate your attention and I hope you can answer my questions.

Thanks in advance.
 
You've cut things extremely close.

You can stay and continue working as long as your work permit application is submitted BEFORE your working holiday visa expires. This means that you'll have to submit the work permit before you have an approved LMO. There's definitely a chance CIC will process your work permit application before the approved LMO can be provided to them. If this happens, your work permit will be refused.

Another option would be to change your status to that of a tourist, stop working, wait for the LMO and work permit to be approved, and then start working agian.

And yes - your understanding is correct. Marrying your boyfriend does not give you the right to work in Canada. If you get married and then he sponsors you using the inland process, you will qualify for an open work permit approximately six months after the application is received.
 
Thank you so much for your quick response!

I've been filling up my application for the work permit but it will ask me for the LMO number which I don't have yet, seems like it would be easier and less risky to change my status to tourist and wait to get the LMO ready?!