WP valid until 2013 and CEC applying DEC

[bahadur30]

What is the best time to obtain LMO approval when WP is expiring in Oct 2013? I am planning to apply CEC in DEC and am not sure if by october 2013, I will have my PR formalities done.

So, I will have to extend my stay in canada legally. What are possible options that I have ..??

1. Wife get Study Permit and I go on Open WP.
2. Vistor Visa and stay and wait for CEC ..- in this case,one has to leave Job.
3. Obtain a new +ve LMO and apply extension ( Ideal situation).

And the last one -
Can I stay even after WP is expired under implied status..? Can some please explain this?

 

[computergeek]

What is the best time to obtain LMO approval when WP is expiring in Oct 2013? I am planning to apply CEC in DEC and am not sure if by october 2013, I will have my PR formalities done.

So, I will have to extend my stay in canada legally. What are possible options that I have ..??

1. Wife get Study Permit and I go on Open WP.
2. Vistor Visa and stay and wait for CEC ..- in this case,one has to leave Job.
3. Obtain a new +ve LMO and apply extension ( Ideal situation).

And the last one -
Can I stay even after WP is expired under implied status..? Can some please explain this?

LMO generally takes 4 months these days.

Implied status means that you may remain in Canada, legally, while an application to extend your temporary residency is in process. There are some restrictions on this.

For example, I just went through this. My work permit expired on 3 September 2012; it was a non-LMO position qualified under NAFTA. The attorney submitted the application and it was received by Vegreville on 10 August 2012. I was permitted to continue working after 3 September by virtue of being under "implied status". On 13 October 2012 I became a permanent resident. CPC-V had not yet processed my work permit application, so the attorney sent a letter to CPC-V requesting they withdraw my work permit application. While I haven't seen it yet, the application fee should be refunded. As a PR I am not eligible for a work permit in any case (work permits are only for foreign nationals). But I was considered to be "in status" for the entire time I was in Canada. Since I had to leave Canada in order to land, my implied status expired at the time I departed Canada after my work permit had expired - about 15 minutes before I re-entered and became a permanent resident.

If you are in the final stages of your PR application, you could even apply for a new work permit without an LMO. Implied status would cover you, even though you know they will reject your application. This might be appropriate, for example, if you had received your PPR but you did not expect to be able to land prior to the time your work permit expires.

Of course, that's in addition to the options you listed.

Good luck!

 

[SenoritaBella]

I would definitely ask my employer to begin the LMO process as early as March or April 2013. LMOs take long to process, anywhere from 3 - 4 months or longer so I would not cut it too close. Also factor in the time it takes to process the work permit or if the LMO is denied, you still have time to re-apply.

 

[yahoo7]

Friends, my WP expired in Sep and right now the extension is in process. Also I sent my PR application this month.

I believe that both the WP and PR processed are entirely different but just wanted to know if there would be any impact.

 

[bahadur30]

Hello computergeek,

I was looking at your timelines and it appears you received your PR recently and that too within 7-8 months. As I am applying in Nov end / Dec 1st week, if I can get my PPR by August / Sep next year, I am happy.

As Senorita suggested, I should apply for LMO extension as early as march / April 2013, I am going to do that. If I get LMO +ve, I am good and if not, then I will submit the WP application extension close month of October and that will give me another month or 2 to stay under implied status. ( Even though WP will be rejected due to lack of LMO).

Let see how it works for me. I also have FSW application in progress which I filed in June 2011.

 

[computergeek]

I was looking at your timelines and it appears you received your PR recently and that too within 7-8 months. As I am applying in Nov end / Dec 1st week, if I can get my PPR by August / Sep next year, I am happy.

In all fairness, my timeline is definitely atypical.

As Senorita suggested, I should apply for LMO extension as early as march / April 2013, I am going to do that. If I get LMO +ve, I am good and if not, then I will submit the WP application extension close month of October and that will give me another month or 2 to stay under implied status. ( Even though WP will be rejected due to lack of LMO).

Let see how it works for me. I also have FSW application in progress which I filed in June 2011.

I agree, apply for the LMO early - you can always apply for a new work permit early. Then hopefully you'll have your PR one way or the other!

 

[bahadur30]

ComputerGeek -

My course of action !

1. Apply for LMO in the month of March / April 2013. Get a approved LMO and apply for extension.

2. If that does not work, wait and re-apply LMO after few weeks.

3. If that also does not work, Get study Permit for my wife and I will apply for OWP.

A questions here - If my wife goes from OWP - Study Permit. Will that affect current PR process?

4. If for some reason step 3 does not work out, then apply for WP extension close to current WP expiration and live another few months under implied status.

5. Hopefully by that time, I shall have my PR and done the landing formalities.

6. Last option, Get Vistors Visa and live in Canada as a visitor and in that case, I may have to leave job.

Anyway correction / modification you advise.??

 

[SenoritaBella]

@bahadur30, those are great plans, hopefully you don't need to use option #3. Be sure to read the employer guidelines for applying for a LMO and refer your employer to it too(some employers are not very familiar with the process). If they submit a thorough application, the better the chances of approval.

No, becoming a student will not affect PR(there is something called "dual intent", which allows applicants to have applications for PR and temporary status e.g student/worker/visitor/ at the same time). However, for temporary status, she will have to satisfy the officer that she will leave Canada at the end of her study permit even if the PR application is not yet done or if PR application is rejected. Officers are usually concerned about people overstaying, but in my experience, when you are already in the country and meet the requirements, your chances are good.

Your wife has to apply for admissions to a university/college right early enough so that she can at least have letter in case you guys need to explore option #3.

 

[bahadur30]

Thanks SenorittaBella,

Yes, I would be happy to have +ve LMO and get my WP extended. My employer has engaged a laywer to file LMO last year and we got approval. This time also, my company lawyer will be filing for me so I am guessing they will take care of everything.

For point 3, I think my wife has to apply for admission early next year so that we get the acceptance letter etc etc ...

I wonder why do we not have a status where one can stay legally if he /she has passed certain level in PR...

 

[SenoritaBella]

It's certainly something for CIC to consider but I have learned a lot about the Immigration Act and there are laws we don't know exist.lol

Thanks SenorittaBella,

Yes, I would be happy to have +ve LMO and get my WP extended. My employer has engaged a laywer to file LMO last year and we got approval. This time also, my company lawyer will be filing for me so I am guessing they will take care of everything.

For point 3, I think my wife has to apply for admission early next year so that we get the acceptance letter etc etc ...

I wonder why do we not have a status where one can stay legally if he /she has passed certain level in PR...