URGENT LMIA - Can you get a work permit extension while you wait?

[gmannix1000]

Hi all,

I'm hoping someone can help me. Kind of panicking. My current two year IEC work permit is up on the 10th of April (next month - and coming along quicker than I thought!). I applied for permanent residency last October just one week after the quota was reached and was rejected due to the quota having been met.

So my company have recently applied for an LMIA for me (last week) having advertised my job on JOBBANK for one month and meeting all the criteria CIC asked for etc so now I'm just wondering what will happen when my visa expires in just under THREE WEEKS...

Will I have to stop working... or do I go on implied status until a decision is made on the LMIA.. or do I need to apply to go on implied status and how do I do this if I need to fill out a form or something...

Also, any idea of when I (or the HR at my company) should hear something back regarding the application i.e. acknowledgement email... or application number... ?

Any help is greatly appreciated and thanks in advance - I'm so confused by all of this!!

 

[gmannix1000]

Anyone?

 

[fkl]

You can only be under implied status (and continue working) if you have applied for work permit before the expiry date.

If you do not have an LMIA at the time of application for work permit, but have an LMIA file number, i believe CIC would wait for a period of a month to two (i remember reading this some where) for LMIA to materialize.

If i were you i would attach this detail and submit work permit application around a week before work permit expiry. Meanwhile i would ask employer to get update on LMIA application if they can. At the very least - file number.

I assume your job was advertised for one month on job bank et al BEFORE LMIA application was submitted.

Lastly, i don't know what your profession or compensation and province is. But at least on written website, there is a 10 business day processing category for LMIA based upon several criteria. Check that if you meet any of those. If so, your HR could push HRSDSC for LMIA faster. Please note that this 10 day thing seldom exists in practice. Lots of people have taken far longer. But you at least could have a ground to ask HRSDSC.

One of the criteria is top 10 percent wage for the province. E.g. in Ontario it was around 45CAD per hour. If you don't meet this, check other options too.

 

[PMM]

hi

You can only be under implied status (and continue working) if you have applied for work permit before the expiry date.

If you do not have an LMIA at the time of application for work permit, but have an LMIA file number, i believe CIC would wait for a period of a month to two (i remember reading this some where) for LMIA to materialize.

If i were you i would attach this detail and submit work permit application around a week before work permit expiry. Meanwhile i would ask employer to get update on LMIA application if they can. At the very least - file number.

I assume your job was advertised for one month on job bank et al BEFORE LMIA application was submitted.

Lastly, i don't know what your profession or compensation and province is. But at least on written website, there is a 10 business day processing category for LMIA based upon several criteria. Check that if you meet any of those. If so, your HR could push HRSDSC for LMIA faster. Please note that this 10 day thing seldom exists in practice. Lots of people have taken far longer. But you at least could have a ground to ask HRSDSC.

One of the criteria is top 10 percent wage for the province. E.g. in Ontario it was around 45CAD per hour. If you don't meet this, check other options too.

1. The OP is on an International Experience Canada work permit, which can't be extend, s/he must stop work when it expires, there is no implied status.

 

[fkl]

hi


1. The OP is on an International Experience Canada work permit, which can't be extend, s/he must stop work when it expires, there is no implied status.

Ahhh. my bad. Thanks PMM for correcting me. I simply missed that part from the post.

 

[gmannix1000]

Thanks for the replies... I'm screwed... Why is it because I'm on the IEC that I can't get an extension on my work permit?

Is there anything else I can do?

Thanks for your help.

 

[fkl]

Thanks for the replies... I'm screwed... Why is it because I'm on the IEC that I can't get an extension on my work permit?

Is there anything else I can do?

Thanks for your help.

Yeah that's a hard situation. Work permit "extension" and hence implied status only applies to the same type of permit. There is no concept of extension in IEC. Plus what you are applying for now is LMIA based work permit which would only be considered if you were already on an LMIA based work permit.

The only option i see is to wait and hope for LMIA to be issued. You can go to the border to get work permit there once you have LMIA by explaining your exact situation. Please note this assumes that either you get LMIA before your work permit expiry (even a day) but the point is you have valid status when you go to border

OR if your permit expires, you get a trv in the meantime and stop working until you get authorized.