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Working Holiday Visa expiring, LMO pending, please help

SpiderBiff

Newbie
Sep 30, 2012
8
0
Hi,

I've been losing a lot of sleep over this so hopefully somebody can help me. I apologise in advance for the long message.

I am in Canada on a working holiday visa, from the UK. My work permit expires 31st October 2012 (just over 1 week). I am trying to extend my stay in Canada and I have an interview with a fast food restaurant, in Saskatchewan. I am going through an immigration consultant and they have advised me that the employer is very close to securing LMOs and, on receiving, will attach my name to one of the open LMOs. Here is what they emailed me...

"We will have LMO's available soon so we can certainly assist you with your immigration needs providing the employer is willing to hire you. I can forward your resume to him once we have our retainer agreement signed by you. I know you are under some pressure for this position so I will speak verbally the an employer that is very close to securing the LMO's. He has agreed to provide documentation to the foreign worker that if they choose to come and work prior to the LMO's being approved, he will attach that person's name to the LMO's once approved.

Our fees for services rendered will be as follows and are all based on assisting you through the immigration process includes but not limited to your permit extension and ensuring all paperwork is completed with your name on the upcoming LMO"

Apparently I will be able to keep working for the employer under "implied status" until the LMO is approved but the whole process is a bit confusing, to say the least.

As I have such a short time remaining, does it seem possible to get the paperwork sent off and start working soon?

I am kind of torn because I have a Skype interview with Tim Hortons, on Wednesday. They mentioned LMO in the advert so I'm guessing that they already have them in place. Also, if I get the job at Tim Hortons, I won't have to pay the immigration consultant fees. Which option do you think gives me the best chance of staying in Canada?

My girlfriend is also in Canada, on a study permit, from Japan. She also has an interview through the immigration consultant but no interview with Tim Hortons. She is not studying at University. She was studying ESL and her permit expires November 23rd 2012. The immigration consultant's retainer states that I need to pay $1000 (each) on receiving the job offers and remaining fees when we are working. I was under the impression that we need an LMO before we can apply for our work permits. I am happy to take the gamble if there is a good chance we will be accepted but if not then it will leave us pretty broke.

Any advice would be greatly appreciated.

Thank you
 

scylla

VIP Member
Jun 8, 2010
93,006
20,579
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Implied status doesn't apply to you unfortunately because you are here on a working holiday visa and working holiday visas can't be extended. You cannot continue working once your working holiday visa expires. I would recommend you read the following recent thread which covers a situation similar to yours. Please pay special attention to PMM's comments.

http://www.canadavisa.com/canada-immigration-discussion-board/help-working-holiday-visa-to-visitor-but-lmo-is-in-process-t122248.0.html
 

SpiderBiff

Newbie
Sep 30, 2012
8
0
Thank you for your quick reply. This is worrying because two different immigration consultants have given me the same information regarding "implied status". Both consultants are members of the ICCRC
 

SpiderBiff

Newbie
Sep 30, 2012
8
0
When I say they gave me the same advice on the matter, I mean that both consultants said that I CAN remain working under "Implied Status" until the LMO is approved.
 

sypnicole

Full Member
Oct 22, 2012
29
0
Hi i am from Hong Kong my situation almost same as you but i couldn't find the right answer if i can work while i am waiting for the result of LMO's and i am planning to apply as Visitor to wait for the result.I had the job offer from my current employer but implied status seems only for the people who had work permit and applying the LMO who can extend their stay in Canada.
 

SpiderBiff

Newbie
Sep 30, 2012
8
0
sypnicole said:
Hi i am from Hong Kong my situation almost same as you but i couldn't find the right answer if i can work while i am waiting for the result of LMO's and i am planning to apply as Visitor to wait for the result.I had the job offer from my current employer but implied status seems only for the people who had work permit and applying the LMO who can extend their stay in Canada.
The immigration consultant I'm using just advised me that this is the first he has heard about not being able to remain under 'Implied Status' on a Working Holiday Visa. He said I should call him on Wednesday evening and he will let me know then.

This has to one of the most stressful experiences ever. I feel like I've aged 10 years in the past 5 weeks. If I have to be on a visitor visa while I wait for my LMO and TWP then I'm probably better off going back to the UK and working until I receive the verdict.

I hope it works out for you Sypnicole. Keep me posted
 

sypnicole

Full Member
Oct 22, 2012
29
0
:p Yes aged 10 years same feeling here i am going crazy :-X. The person who applied LMO for me suggested me to go home first and wait as well BUT its easier to wait inside Canada isn't it? By the way what is TWP?
 

SpiderBiff

Newbie
Sep 30, 2012
8
0
TWP = Temporary Work Permit.

I was told that it's easier to apply while you are still in Canada.

I will tell you what the immigration consultant says on Wednesday.
 

sypnicole

Full Member
Oct 22, 2012
29
0
Yeh tell me when you get any news from them if we are under implied status so we can work. Finger cross!!
 

sypnicole

Full Member
Oct 22, 2012
29
0
SpiderBiff said:
TWP = Temporary Work Permit.

I was told that it's easier to apply while you are still in Canada.

I will tell you what the immigration consultant says on Wednesday.
Hi there,

I found out something new. If your employer applied LMO for you but not received yet in two weeks before your Visa expired you can apply the work permit prior you get the result of LMO to extend your stay.
So if you are not under any employer you need to have someone who has open LMO to put your name on as you mentioned.Actually is that your first year working holiday visa? Can you apply for the second year?