LMIA, Implied status and identification.

[Cobraneill]

Hey guys.

So i am currently in Canada, have been for 4 years. My company wanted me to stay after my work permit ended and have teamed up with an immigration specialist who is unbelievably quiet when asking direct questions and im pretty concerned. Here are the details.

Second IEC expired on sept 13th 23. (Repeat participation using RO letter). LMIA submission was done just 2 days prior to end of WP. No response from LMIA submission as of yet. My personal GCKEY has no information about the LMIA at all, however i have paperwork to show that the LMIA application was submitted.

All of my identification docs have expired. I cannot renew without some form of paperwork that has a confirmation of extension to my work permit. I dont even have anything that confirms implied status except for the submission letter.

Am i right to be concerned? In in AB, if it matters

 

[Naturgrl]

Hey guys.

So i am currently in Canada, have been for 4 years. My company wanted me to stay after my work permit ended and have teamed up with an immigration specialist who is unbelievably quiet when asking direct questions and im pretty concerned. Here are the details.

Second IEC expired on sept 13th 23. (Repeat participation using RO letter). LMIA submission was done just 2 days prior to end of WP. No response from LMIA submission as of yet. My personal GCKEY has no information about the LMIA at all, however i have paperwork to show that the LMIA application was submitted.

All of my identification docs have expired. I cannot renew without some form of paperwork that has a confirmation of extension to my work permit. I dont even have anything that confirms implied status except for the submission letter.

Am i right to be concerned? In in AB, if it matters

1. So employer had not filed for LMIA until after your WP expired? What was NOC? Did employer post the job and get no applications? Is employer eligible for LMIA? What is the NOC?
2. What is your status now?

 

[scylla]

Hey guys.

So i am currently in Canada, have been for 4 years. My company wanted me to stay after my work permit ended and have teamed up with an immigration specialist who is unbelievably quiet when asking direct questions and im pretty concerned. Here are the details.

Second IEC expired on sept 13th 23. (Repeat participation using RO letter). LMIA submission was done just 2 days prior to end of WP. No response from LMIA submission as of yet. My personal GCKEY has no information about the LMIA at all, however i have paperwork to show that the LMIA application was submitted.

All of my identification docs have expired. I cannot renew without some form of paperwork that has a confirmation of extension to my work permit. I dont even have anything that confirms implied status except for the submission letter.

Am i right to be concerned? In in AB, if it matters

What is your status in Canada now? Did you change your status to visitor before your IEC expired?

 

[scylla]

Hey guys.

So i am currently in Canada, have been for 4 years. My company wanted me to stay after my work permit ended and have teamed up with an immigration specialist who is unbelievably quiet when asking direct questions and im pretty concerned. Here are the details.

Second IEC expired on sept 13th 23. (Repeat participation using RO letter). LMIA submission was done just 2 days prior to end of WP. No response from LMIA submission as of yet. My personal GCKEY has no information about the LMIA at all, however i have paperwork to show that the LMIA application was submitted.

All of my identification docs have expired. I cannot renew without some form of paperwork that has a confirmation of extension to my work permit. I dont even have anything that confirms implied status except for the submission letter.

Am i right to be concerned? In in AB, if it matters

To be clear, an LMIA application does not give you implied status.

 

[Cobraneill]

Hence my worry.

LMIA application was submitted Sept 11th. Work permit expired Sept 13th. She claims that an application to extend was submitted on the 11th, which then gives me implied.

I have zero information in my GCKEY account past this current work permit. Apparently i should have had a letter in my GCKEY a few days after with a work authorization letter that shows valid worker status for the next 120 days. I have had no correspondence except for the submission receipt from the LMIA application.

 

[Cobraneill]

1. So employer had not filed for LMIA until after your WP expired? What was NOC? Did employer post the job and get no applications? Is employer eligible for LMIA? What is the NOC?
2. What is your status now?

Employer posted the job multiple times over the course of 6 months and got hundreds of outland applications as it had mentioned the LMIA in the ad. Zero had any knowledge in the field of work i am in. Inland applications there were a bunch, but none with prior knowledge or experience either. A lot of people assume that my line of work you just jump in and DO, whereas its a red seal recognized trade.

We also hired a bunch of people first who ended up quitting within weeks. Then it was offered to myself.

 

[Naturgrl]

Hence my worry.

LMIA application was submitted Sept 11th. Work permit expired Sept 13th. She claims that an application to extend was submitted on the 11th, which then gives me implied.

I have zero information in my GCKEY account past this current work permit. Apparently i should have had a letter in my GCKEY a few days after with a work authorization letter that shows valid worker status for the next 120 days. I have had no correspondence except for the submission receipt from the LMIA application.

Who claims? Without an approved LMIA, there is no implied status. As of Sept 13, you have no status in Canada. You wouldn’t get a work authorization letter because you didn’t have a LMIA. The company applying for a LMIA doesn’t give you authorization to work. So you have been working illegally since Sept 13 without status. Stop working and change status to visitor.

 

[scylla]

Hence my worry.

LMIA application was submitted Sept 11th. Work permit expired Sept 13th. She claims that an application to extend was submitted on the 11th, which then gives me implied.

I have zero information in my GCKEY account past this current work permit. Apparently i should have had a letter in my GCKEY a few days after with a work authorization letter that shows valid worker status for the next 120 days. I have had no correspondence except for the submission receipt from the LMIA application.

The key question is whether the WP application was submitted before your IEC expired. That's the only situation that would give you implied status.

The smart approach would have been to allow the agent to handle the LMIA but to submit the work permit application yourself. But you can't go back in time. Ultimately IRCC will hold you responsible even if there was a mistake on the part of the agent. I think you need to continue to focus on getting a clear answer out of the agent on what was submitted. I don't think you would see anything attached to your GCKEY if the agent submitted the WP. This is why it would have been better to do that yourself.

LMIAs can often take months to process. Nothing unusual about this.

 

[Cobraneill]

Who claims? Without an approved LMIA, there is no implied status. As of Sept 13, you have no status in Canada. You wouldn’t get a work authorization letter because you didn’t have a LMIA. The company applying for a LMIA doesn’t give you authorization to work. So you have been working illegally since Sept 13 without status. Stop working and change status to visitor.

The immigration consultant that we (company and i) have spent thousands on so far. The company has no say in my legal status, i know this.

I never get a clear answer about anything from her. The affect this is all having on my mental wellbeing is astronomical.

I believe a WP application or at least a change in condition was submitted before the expiry of my latest WP. I have a receipt of a $155 fee but it shows nowhere on it what it is for.

Neill

 

[Naturgrl]

The immigration consultant that we (company and i) have spent thousands on so far. The company has no say in my legal status, i know this.

I never get a clear answer about anything from her. The affect this is all having on my mental wellbeing is astronomical.

I believe a WP application or at least a change in condition was submitted before the expiry of my latest WP. I have a receipt of a $155 fee but it shows nowhere on it what it is for.

Neill

But I thought to change conditions and have implied status, you needed the LMIA as eligibility requirements must be met. You didn’t apply with a LMIA, only with a LMIA application in process. So not sure you have implied status.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5553-applying-change-conditions-extend-your-stay-canada-worker.html#

 

[Cobraneill]

But I thought to change conditions and have implied status, you needed the LMIA as eligibility requirements must be met. You didn’t apply with a LMIA, only with a LMIA application in process. So not sure you have implied status.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5553-applying-change-conditions-extend-your-stay-canada-worker.html#

Me neither. The reply i got from her was she will check when she is back in office. The only person taking this seriously is me. And i dont know whether the juice is worth the squeeze. If this is the case and she did miss the timing, what recourse (if any) do i have here?

 

[scylla]

Me neither. The reply i got from her was she will check when she is back in office. The only person taking this seriously is me. And i dont know whether the juice is worth the squeeze. If this is the case and she did miss the timing, what recourse (if any) do i have here?

You don't have any recourse with IRCC. If your status is gone it's gone.

You can register a complaint about the agent if they didn't do the right thing. But this won't fix your status if that's an issue.

 

[Naturgrl]

Me neither. The reply i got from her was she will check when she is back in office. The only person taking this seriously is me. And i dont know whether the juice is worth the squeeze. If this is the case and she did miss the timing, what recourse (if any) do i have here?

I think you have been out of status since your work permit expired. You don’t have an approved LMIA to even add to your file and give you implied status. If your agent is licensed, you can file a complaint against her.