LMIA, implied status, Work Permit

[miru]

Hi. I am currently in Canada on Working Holiday visa expiring at the beginning of November. Recently I got a full-time professional job and my company is going to apply for LMIA to support my future work permit application. The job ads were posted yesterday. Considering the 4 weeks of job posting and LMIA processing time, my current work permit will expire way before I get the new one. I found this answer http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17 that says I could apply for a new work permit even before I have the LMIA, which, if I understand it correctly, would give me the implied status and I could continue to work. However, it also says that I would have to provide the LMIA confirmation within two months, otherwise, my application "could be refused". If I apply for the new work permit at the beginning of November, just before my current permit expires, I still probably won't receive LMIA decision within the two months. Now, the company lawyer believes that if I apply for work permit with the intention of "gaining" the two extra months of implied status, and this application is refused, it will affect negatively my future work permit application (that I would submit once the LMIA is approved). Because I would have to admit I was refused a work permit before and the lawyer says it could make the processing time longer. Do you think it is a reasonable concern? Should I just wait for the decision on LMIA and apply for work permit only then, or apply without LMIA, and benefit from the implied status until the application gets refused?

 

[scylla]

Hi. I am currently in Canada on Working Holiday visa expiring at the beginning of November. Recently I got a full-time professional job and my company is going to apply for LMIA to support my future work permit application. The job ads were posted yesterday. Considering the 4 weeks of job posting and LMIA processing time, my current work permit will expire way before I get the new one. I found this answer http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=701&top=17 that says I could apply for a new work permit even before I have the LMIA, which, if I understand it correctly, would give me the implied status and I could continue to work. However, it also says that I would have to provide the LMIA confirmation within two months, otherwise, my application "could be refused". If I apply for the new work permit at the beginning of November, just before my current permit expires, I still probably won't receive LMIA decision within the two months. Now, the company lawyer believes that if I apply for work permit with the intention of "gaining" the two extra months of implied status, and this application is refused, it will affect negatively my future work permit application (that I would submit once the LMIA is approved). Because I would have to admit I was refused a work permit before and the lawyer says it could make the processing time longer. Do you think it is a reasonable concern? Should I just wait for the decision on LMIA and apply for work permit only then, or apply without LMIA, and benefit from the implied status until the application gets refused?

There's no clear answer. If the application ends up being refused / rejected because an approved LMIA is not provided in time, then all of the time you will have spent working after your IEC expired will be classified as unauthorized work (i.e. you'll lose implied status and no longer benefit from that). Unauthorized work can create challenges for future work permits. You'll also be out of status in Canada effective the day your IEC expired. So that's the risk you run.

You are very short on time. LMIAs can often take 4-6 months to process (including the 1 month of advertising) - so very hard to say how things will work out. Also always the chance the LMIA will be refused.

If you really want to play it safe, best option would be to change your status to visitor and stop working while you wait for the LMIA to be approved.