My special case - illegal?

[jdjd]

Hi, here is my case. There might be a lot of people already experienced the same...

I am form Czech Republic (need a visa to stay in Canada) currently on WHP. My work permit expires by 18/08/2010. Today is 9/08/2010. I would like to extend my stay here while be able to work. I found an employer willing to get a LMO for me.

the point of matter is:
- get a LMO takes longer then my work permit lasts

what can I do? what is my plan?

- try to extend my current working permit as a temporary worker...I know the answer is gonna be "No", but there should be "implied status" applied for the case until they get back to me from Vegreville.
- get LMO within that period and then apply for another work permit for the employer
questions:

- what is my status in Canada while I am on WHP? Temporary worker?
- can I apply for extending of my work permit when I am on WHP?
- can I do above 10 days before my working permit expires?
- If so, is there the "implied status"?
- do I have to apply for a visitor visa in parallel? Cause if whole plan will be destroyed, I want to legally cover my stay in Canada.

- if my plan is totally wrong, is there any other way?
- of course I can travel back home, wait for the process of getting LMO and then come back again, but thats the last option for me now.

thank for any answer guys, you are great here!!

 

[Leon]

Before your status expires, you can apply to change your status to visitor. If you do that, you have an implied status until you get an answer. It currently takes about 2 months to process change of status so even if they end up saying no, you can stay until they say no.

 

[jdjd]

OK, with visitor... its clear.... but any answer to the case to be still working? Thanks

 

[Leon]

I know if you are on a work permit and you apply to extend it, you are under implied status and can continue working. If you are on a WHV, something else may apply. If nobody here can tell you this, you should call the call centre to clear it up.

 

[PMM]

Hi

I know if you are on a work permit and you apply to extend it, you are under implied status and can continue working. If you are on a WHV, something else may apply. If nobody here can tell you this, you should call the call centre to clear it up.

If the OP applies for a visitor extension, he can't work, as implied status would only be for the decision on his visitor request. If s/he applies for a work permit, without the LMO s/he would have applied status and could continue working, but s/he already knows it is going to be refused. So if he gets the refusal before the LMO s/he would have to apply for restoration and a work permit with the LMO, and there is no guarantee that it would be issued.