Implied status while waiting for LMIA decision

[Tanatos14]

Hi all,

I am currently on a working holiday visa that expires in a couple months. I've read that since extension for IEC are not allowed, people who hold working holiday visa cannot benefit from implied status if they apply for an extension. My question is: if my employer files an application for LMIA before my working holiday visa expires, can I benefit from implied status while they decide? I found a page on the immigration website that states "You may still work while your case is processed if you submitted a completed application before your work permit expired. If your work permit expired no more than 90 days ago, you may apply to restore your temporary status and for a new work permit." but it does not clarify whether "LMIA application-based" implied status applies to working holiday visa holder...please tell me it does.

Any feedback you have will be appreciated.

Thanks in advance,

 

[scylla]

An LMIA is not a complete application. A work permit application accompanied by an approved LMIA is a complete application. This is what's referred to as implied status. If you have a work permit and submit a new work permit application (or extension) with an approved LMIA before the first work permit expires - you have implied status and can continue working until a decision in the new work permit application is made.

As you've read, IECs don't benefit from implied status. You have to stop working as soon as the IEC expires unless you already have a new and approved work permit in hand. Even if IECs did benefit from implied status, you wouldn't have implied status by virtue of your employer submitting an LMIA application. You would need to be submitting a work permit application with an already approved LMIA.

As for restoration - yes, you can apply to restore your status back to a work permit within 90 days of the work permit expiring. However you are out of status from the time your work permit expires to the time the restoration (and new work permit application) is approved and cannot work during this time.

You're going to have to stop working in a couple of months unless you have a new work permit by then.

 

[Tanatos14]

An LMIA is not a complete application. A work permit application accompanied by an approved LMIA is a complete application. This is what's referred to as implied status. If you have a work permit and submit a new work permit application (or extension) with an approved LMIA before the first work permit expires - you have implied status and can continue working until a decision in the new work permit application is made.

As you've read, IECs don't benefit from implied status. You have to stop working as soon as the IEC expires unless you already have a new and approved work permit in hand. Even if IECs did benefit from implied status, you wouldn't have implied status by virtue of your employer submitting an LMIA application. You would need to be submitting a work permit application with an already approved LMIA.

As for restoration - yes, you can apply to restore your status back to a work permit within 90 days of the work permit expiring. However you are out of status from the time your work permit expires to the time the restoration (and new work permit application) is approved and cannot work during this time.

You're going to have to stop working in a couple of months unless you have a new work permit by then.

Thanks for the reply, it is just confusing because on the webpage I'm referring to they make it sound like I CAN work while waiting for the decision on the LMIA, I cannot post the link but I'll copy and paste:

"You and your employer must also sign a new employer employee contract. Make sure to keep a copy for yourself. While your employer is applying for an LMIA, you may apply for an extension of your work permit by mail to the Case Processing Centre (CPC) in Vegreville, Alberta.

You will need to complete the following application:

Application to Change Conditions or Extend Your Stay in Canada as a Worker
Include with your application:

a copy of your new employer-employee contract; and
a note from your employer that states they have applied for an LMIA.

You may still work while your case is processed if you submitted a completed application before your work permit expired. If your work permit expired no more than 90 days ago, you may apply to restore your temporary status and for a new work permit."

 

[scylla]

Technically you can submit an application to extend your work permit (without an approved LMIA) in the hopes the LMIA will be approved or approved in time. This normally gives a person implied status and allows them to continue working. It's the act of submitting the work permit application (not the LMIA application) that gives one implied status.

But again, implied status doesn't apply to IECs so it doesn't matter in your case.

 

[Tanatos14]

As I wrote in the beginning of my post...I am aware that you can technically apply for an extension of your permit and benefit from implied status BUT that does not apply for working holiday holders. My question was if having an application for an LMIA in progress (which is definitely a step ahead than just asking for a work permit extension and it is not common to have) would grant me implied status while under working holiday...AGAIN, I know WH cannot be extended and does not benefit from implied status under normal conditions BUT it is not clear wether having an ongoing LMIA application changes things.
That piece I copied and pasted is from the CIC website not a random internet page and it makes it sound like you CAN be on implied status based on having applied for LMIA (hence the letter from the employer that confirms it)

 

[scylla]

Having an LMIA doesn't change anything.

 

[scylla]

Hi,
I am in similar situation. My IRC expired on Aug 9 but my employer have applied for LMIA in July. So I am currently waiting for decision. I also have my student permit approved from September. My question is can I extend my work permit and work and study.

What is an IRC?

Based on the information you've provided, you would need to apply for a new work permit (not a work permit extension). No - you cannot work at this time. You can start working 20 hours per week once you start attending school full time in September.

 

[scylla]

So even based on the fact that I have my employer applied for my LMIA? Doesn't it qualify me being on an implied status?

No - this doesn't give you implied status.

You need to have applied for a new work permit before your original work permit expired to have implied status.

The LMIA application counts for nothing.

 

[scylla]

To be honest, I don’t think cic agents are knowledgeable enough about rules and laws themselves. Because I rang them a few times and they confirmed that I was on a implied status. They even sent me a confirmation by email. They coped it from their website, please see below

What’s next?

• You can stay in Canada until IRCC makes a decision on your application, even if your current status expires before then. That is what we call implied status.

The above refers to the decision on your work permit extension - but only if you applied for the extension before your current work permit expired. This does NOT refer to the LMIA application. The LMIA application is not your application - it's your employer's application.

Help desk gives out wrong info all of the time.

 

[hamiu1994]

i think I have similar situation. i am holding co-op work permit right now and it will be expire soon, end of this month, 30 sep 2019, and my employer already applied LMIA for me on 20 Aug 2019. Am i qualify to extension my work permit while i am waiting for LMIA? or i have to change my status to visitor? thank you

 

[canuck_in_uk]

i think I have similar situation. i am holding co-op work permit right now and it will be expire soon, end of this month, 30 sep 2019, and my employer already applied LMIA for me on 20 Aug 2019. Am i qualify to extension my work permit while i am waiting for LMIA? or i have to change my status to visitor? thank you

Your situation is not clear. Co-op work permits are only good for actual co-op terms done as part of studies. You can't use a co-op work permit to just work any job, nor can you apply for an extension and continue working. What is happening with your studies?

 

[hamiu1994]

Your situation is not clear. Co-op work permits are only good for actual co-op terms done as part of studies. You can't use a co-op work permit to just work any job, nor can you apply for an extension and continue working. What is happening with your studies?

I mean I have done my co-op in Jun and my employer wants me to stay here and work for him so he applied LMIA for mine. But my work permit will expire soon. My question here am I eligible for an extension work permit or I change my condition from student to visitor so I can stay here 6 more months to get the answer for my LMIA

 

[canuck_in_uk]

I mean I have done my co-op in Jun and my employer wants me to stay here and work for him so he applied LMIA for mine. But my work permit will expire soon. My question here am I eligible for an extension work permit or I change my condition from student to visitor so I can stay here 6 more months to get the answer for my LMIA

You don't have status as a worker and don't qualify for a work permit. You need to apply to change your status to visitor.

 

[hamiu1994]

thank you so much, the Implied status make me really confused, some pp told me i am allow to work until they make decision for my LMIA some pp also told me i cant go to work while waiting for LMIA and the implied status is for someone who had the LMIA before and now they apply for new LMIA so they can extension their wp right?

 

[canuck_in_uk]

thank you so much, the Implied status make me really confused, some pp told me i am allow to work until they make decision for my LMIA some pp also told me i cant go to work while waiting for LMIA and the implied status is for someone who had the LMIA before and now they apply for new LMIA so they can extension their wp right?

What is happening with your studies? Are you still studying? Graduated? Stopped studying?

Your status is student. The LMIA has nothing to do with whether you can continue working or not.