Waiting for LMO, employer 1st applied Mid-March, claimed she must reapply..

[Brayano]

Work permit expired April 5th.

I asked my employer to start applying for the work permit extension since September but she claimed it was too early yet .. then the next month and the next month... Finally she applied for LMO in mid-March.

At the end of March, I applied to extend work permit visa without LMO. I wanted to apply for it earlier but my employer said not to apply until the end of March. The employer said, 'when the company gets LMO,we will send LMO to CIC.'

May 10th, my employer claimed she needed to 'do the LMO things again'.

She always says 'everything is ok, just follow what I say'.
But I don't want to do anything wrong (or illegal).

Can I work with this condition?
Can I stay in Canada with this condition?
Should I apply a visitor visa and apply for a work permit visa again after the company gets LMO?

What can I do? What should I know?

 

[Brayano]

I found this online h t t p : / / n e w s . g c . c a / w e b / a r t i c l e - e n g . d o ? n i d = 7 3 6 7 2 9 {<--- just remove the spaces to get to the link} (..Government announces reforms to the Temporary Foreign Worker Program.. [dated April, 29, 2013])

.. and I am wondering, because my employer's initial application for my LMO was approximately 5-6 weeks prior to these changes, if all unprocessed applications regardless of date applied will be affected by these changes .. or is it basically a 'hit or miss' scenario at this point?

I'm realizing (assuming?), because my employer stated that she must reapply, the Government has informed her she must do so?? .. and the date of the first application will not be taken into consideration??

I'm not sure if what I'm asking is proper or coherent.. everything is very confusing, especially the information I'm receiving from my employer against information I'm gaining through research.

 

[amikety]

It sounds to me like you're out of status. You need to apply to restore your status and change status to visitor. You won't be able to work again until your new work permit arrives. Hopefully you have stopped working because any work after April 5th was illegal.

If a LMO takes 5-6 weeks to get, your employer should've applied in Feburary at the latest.... but I'm sure you know that already. Sigh.....

 

[SenoritaBella]

If you submitted your application for a work permit before April 5th(even without LMO), you have implied status and can continue working for the same employer.
If the LMO is approved, you can contact CIC call centre and provide the confirmation number.
If the application is rejected, you must stop working.
If you did not apply for extension of your work permit before April 5th, you must stop working and apply for restoration of status plus change status to visitor while you wait for LMO decision.

 

[Brayano]

If you submitted your application for a work permit before April 5th(even without LMO), you have implied status and can continue working for the same employer.
If the LMO is approved, you can contact CIC call centre and provide the confirmation number.
If the application is rejected, you must stop working.
If you did not apply for extension of your work permit before April 5th, you must stop working and apply for restoration of status plus change status to visitor while you wait for LMO decision.

Yes thank you, I am aware of this .. I researched this from before.. h t t p : / / w w w . c i c . g c . c a / e n g l i s h / h e l p c e n t r e / a n s w e r . a s p ? q = 1 8 9 & t = 1 7 [again, just remove the spaces to get to the link]

I am also curious to know if there is a way (a number to call) to confirm whether or not a decision has been made without consulting my employer .. because she claimed she must Reapply, I'm wondering if the initial application for LMO was actually rejected and Now with her second attempt.. this would Then make it illegal to allow me to continue working, right??
Basically, like anyone else (I would think), I don't want to get deported because of my employer's actions.

 

[amira_mais]

I am also curious to know if there is a way (a number to call) to confirm whether or not a decision has been made without consulting my employer .. because she claimed she must Reapply, I'm wondering if the initial application for LMO was actually rejected and Now with her second attempt.. this would Then make it illegal to allow me to continue working, right??

Unfortunately, no. HRSDC/Service Canada cannot give information about specific LMOs to anyone except the employer in question or their authorized representatives.

You're right, if the LMO is refused, you have to stop working. The only reason you can continue working for now is that you applied for an extension before your original work permit expired. You can keep working till you get a response from CIC.

 

[Brayano]

Thank you .. I'm going to ask about the first attempt's results .. I'll let you know what becomes of it - I may need more of your help from there.

It seems I did fully understand everything .. :-[ .. but in this case I wish I was wrong .. but I'm glad I discovered this forum and found someone to help and support me. Thank you again.

It seems I will be back for more of your awesome guidance.

 

[Brayano]

Unfortunately, no. HRSDC/Service Canada cannot give information about specific LMOs to anyone except the employer in question or their authorized representatives.

You're right, if the LMO is refused, you have to stop working. The only reason you can continue working for now is that you applied for an extension before your original work permit expired. You can keep working till you get a response from CIC.

Sorry .. I'm just re-reading this again and just wanted to be totally clear without sounding like an idiot or a pain .. Do you mean, so long as I applied for an extension before April 5th (which I did), it doesn't matter how many times my employer applies for the LMO, I can keep working?? until I receive a positive response from CIC?? .. Wait, I'm just thinking as I'm typing here and that doesn't seem right at all .. If that's the case, then no one would ever get deported, so that can't be right, can it?

And so now I'm wondering, if a first attempt is rejected, wouldn't there be a record of that first attempt when the second attempt for the LMO of the same employee (me) reaches HRSCD/Service Canada? .. then That's how they learn to investigate if the employer has been allowing the employee to continue working without the LMO, right?

So if the obvious negative result would be my deportation, what's the negative result for the employer?

 

[SenoritaBella]

If you applied for an extension of your work permit before it expired, you have implied status and can continue to work until CIC makes a decision on the application. Does not matter how many times a LMO is rejected.

To obtain an extension of your work permit, you need to have a positive LMO and submit this information(through CIC call centre) to CPC Vegreville. If an LMO is not included in your file by the time they process your application it will be rejected. At that point, you must stop working immediately.
You will have 90 days from the date of the refusal to apply for restoration of status AND change status to visitor(not permitted to work) OR apply for restoration of status AND a new work permit provided you have a positive LMO at that time.

You can try to ask your boss in a diplomatic way for a copy of the LMO application and the confirmation they would have received from HRDSC when it was submitted. This will tell you for sure whether it was done.

Unfortunately, there is not really a "negative" result for the employer if they haven't done something illegal or broken the law. Even so, they may just get a fine and not be able to hire foreign workers for a period of time.

 

[Brayano]

So will I receive notification if my application for the work permit extension has been denied? and will it indicate a reason, if it's due to lack of information, in this case, no LMO?

Trying to figure out how I would know when the end of 90 days would be.

 

[SenoritaBella]

If they reject the application, they will send you a letter or email(if you provided an email address) with the reason(s). So check all your email folders, including junk/spam. You begin counting the 90 days from the date of the refusal letter/email. e.g. if rejection letter/email is dated May 16, 2013, the end of 90 days is Aug 16, 2013.

So will I receive notification if my application for the work permit extension has been denied? and will it indicate a reason, if it's due to lack of information, in this case, no LMO?

Trying to figure out how I would know when the end of 90 days would be.

 

[Brayano]

I suppose I'll just wait for the letter of notification instead of pushing any form of distrust toward my employer by asking for proof, since I'll have to wait regardless. Thanks for all your help SenioritaBella! Amikety & amira_mais, thanks for trying but you KIND of confused me a bit but I did manage to use some logic through your suggestions though. Thanks for keeping me on my toes. ;D
SenioritaBella, depending on the results, I may need some of your knowledge if I'm left with the 90-day options. :'(

 

[Brayano]

Since my last posting I still had not received a letter of any kind and I've been attending work just like normal. Yesterday was my day off and I received a text from my employer stating 'Today we receive LMO document number, could be waiting within 14 days.' .. I don't really know what else to add for now but I just wanted to keep you posted, plus share my joy in this information.
Thanks again SenioritaBella for easing the wait. I never forget someone who's helped me. I hope someday/someway I can repay you. : Keep being awesome!

 

[Gussy24]

It seems to me you should be getting some information very soon. I am excited to hear what the results are. Good luck!

 

[SenoritaBella]

Since your employer has received the LMO document number, ask for the number and provide it to the CIC call centre. It is important that this information gets to CPC Vegreville before they process your application or they could reject your work permit application.
Thanks for your kind words, and you are welcome.

Since my last posting I still had not received a letter of any kind and I've been attending work just like normal. Yesterday was my day off and I received a text from my employer stating 'Today we receive LMO document number, could be waiting within 14 days.' .. I don't really know what else to add for now but I just wanted to keep you posted, plus share my joy in this information.
Thanks again SenioritaBella for easing the wait. I never forget someone who's helped me. I hope someday/someway I can repay you. : Keep being awesome!