Sending in second work permit application while on implied status

[fat_penguin]

Hi all,

I have sent in a work permit application before my worker permit expired in August on the basis that my company had applied for an LMIA and was pending a decision on it.

Recently, we received a rejection letter to the LMIA on the basis that there were some errors on the advertising. As it stands, I am still on implied status as my work permit application with CIC hasn't been processed. I do, however, anticipate to receive this within the next 8 weeks.

My lawyers claim that we can, in the meantime, re-advertise the position again (with the mistakes corrected), post a second LMIA application to ESDC and then send a second work permit application to CIC, which would "put me on implied status again for another 110 days" (that is the current processing times on the CIC website). Are my lawyers' claims wrong?

In this scenario, we would be sending a work permit application after the fact that my work permit has expired. My understanding of implied status was that the work permit extension (or new permit application) was supposed to be sent to CIC before the expiry of the original work permit document.... which in my case was August.

If what the lawyers are claiming is feasible, then what stops people from sending in work permit application after the next and constantly extending their implied status? It just doesn't make sense to me.

I appreciate all input on this matter...

Cheers.

 

[scylla]

Your hunch is absolutely correct.

Once your first work permit extension is refused you will be out of status in Canada.

There is no such thing as extending your implied status by submitting a new extension application while on implied status.

Maybe time to get a new lawyer? This one doesn't seem to understand the rules.

 

[fat_penguin]

That's what I thought, thanks Scylla.

Can you also confirm if the 90-day grace period (ie. restoration period) starts from the day I receive the rejection letter from CIC on my work permit... And not necessarily from the day when my original work permit expired in August.

 

[scylla]

Yes - the 90 days start from the day you are refused.

 

[Heather16]

Im under live in caregiver program, I applied my extension of work permit last May 31 2015, my problem is my work permit is already expired last September 6, 2015 and now I'm under implied status and untill now my work permit extension is not yet approve. I already called the CIC and they said that it is still on process and Need to wait for a couple of weeks. But my current employer need to release/terminate me this end of september for the reason of parental leave and they don.'t need a caregiver anymore.

What will happen to my work permit application? will be cancel or refuse?

What are the things I need to do so that I can stay here in canada to finish my 24 months full time work requirement fot PR application.

Do i need to apply for restoration status while my work permit extensiom is on process? When is the best time to apply restortion status?