Madhuba

Hi guys, I have some questions related to HRSDC and IA and was hoping you could help with some insight.

IA: I still haven't haven't received my IA (skilled worker) from Buffalo. I applied in the last week of November 2003 and my AOR is dated December 2003. I've seen AORs as late as Feb 2004 getting IAs. I sent a fax to Buffalo a couple of weeks ago to inquire on the status my application. Haven't heard anything from them yet.

CIC's has a policy not to respond to status inquiries for files that are within their processsing standards. As such:
1. Would my file be considered within or outside those standards given that they are already doing Feb/Mar 04 files?
2. Would Caips notes be of any use at this stage?

HRSDC: I'm currently working on a post-graduate work permit that expires on Oct. 22, 2004. My company applied for an LMO from HRSDC for my position on Oct 1, 2004. However, they still haven't heard back from HRSDC and with the ongoing strike, it might take even longer than usual for them to process the application. The company tried calling them a number of times but no one was answering their lines and even then their voice mail boxes were full so one couldn't even leave a message.

3. What would my options be at this point? I was thinking that if we still hadn't heard from HRSDC by Thursday, then I could overnight a work permit application sans the LMO with a note explaining that we were waiting for a response from HRSDC and would forward the response as soon as it was received. At least that way I'd have "deemed status" and can continue working until everything was resolved. Does this sound like a plausible course of action?

4. Anything else I can do at this point?

Thanks in advance.

Madhuba

water-ruby

HI Madhuba,

Based on normal timelines, I think u should have received IA around Aug/Sept. Sometimes, the mail gets lost & thus u wudn't know if they've assessed u or not. For my case, I also sent a fax to Buffalo and No, they don't reply to faxes...(I'd say hardly)...I applied Sep 03 and got IA in May 04. I'm also in Canada.

HRSDC takes anrd 3-4 wks to process the application. I think as long as your Company has applied for an LMO for u, then u already have "deemed" status until the results of the application are known (I think I got to know this frm the CIC website - correct me if i'm wrong). HRSDC will notify CIC of the results of ur application once processed. On the other hand, if u need further information, u can always call CIC at 1-888 242-2100 and ask them for suggestions ... they are always very helpful...

Andrew Miller

Wrong.

Fact that employer applied for LMO has nothing to do with imnmigration status. Only if applicant would already have applied for new Work Permit with the same employer (and with LMO) then he would have be deemed to have implied status until WP application is concluded.

Unfortunately he cannot apply for WP without LMO. His employer applied for LMO too late to have it all done and to have WP application received by Vegreville before October 22, the expiration of original poster's current post-grad WP. Somebody was sleeping...

Andrew Miller

1. No, your file is not considered outside processing standards in Buffalo. If it would be 36 or so months from application then it would be past the standard

2. Not really as there is nothing important there prior to IA


3. You cannot apply without LMO. Explanation note is worthless. Vegreville doesn't even open packages until they are ready to be processed - so, once WP application package is open in about 6 weeks (41 days) from receipt and there is no valid LMO included then entire package is returned. You and your employer were waiting too long with LMO application - someone was sleeping...

4. You will be out of status as of Oct 22. You have 2 options now - (1) apply immediately for Change of Conditions to Visitor and to extend your stay just to keep your status valid (application must reach Vegreville before Oct 22) and then once you get LMO send enother application for WP; or (2) once status is lost and you get LMO after that then you'll have to apply for Restoration of Status (as long as it reaches Vegreville within 90 days from Oct 22) and new WP. In both scenarios you must be very careful to not make any mistake you will regret later when app is refused and you get departure order - wake up and seek professional help now!

Madhuba

Andrew and Water-Ruby, thanks for the replies.

If I apply to change my status to visitor, I assume that I would have implied status as a foreign worker (because that's my current status). That means I could continue working until Vegreville receives and processes my visitor application. Because this takes 6 weeks, the HRSDC LMO should have been received by then (hopefully coming out postive) and I could then forward that with a new work permit application.

So if do things this way, would I have all my bases covered?

Thanks,
Madhuba

PMM

Hi Madhuba

You were issued a Post Grad work permit, which permitted you to work for 1 year, and is not renewable. Therefor you cannot continue to work. Your implied status will work for as a visitor, not as a worker.

PMM

Andrew Miller

No, you will only have implied status as visitor and you won't be able to work.

More - as visitor you won't be able to apply for Work Permit inside Canada and you will have to submit WP application to proper visa post abroad. You can only apply for WP inside Canada when still on valid WP or Study Permit - but by the time your employer gets LMO you won't have any longer valid WP.

You really messed up by sleeping too long...

Madhuba

Thanks for the clarification. Just fyi, as you know, the company and not myself has complete control of the HRSDC application process. They decide if and when to apply for the LMO. The only thing I can do as an employee is inform them of the process, relevant dates etc. The rest of it is in their hands. I inquired into it in July and they assured me that they were working on it with their immigration lawyers. I didn't realise they still hadn't finalized the application documents until they asked me for an updated copy of my resume to include in the application at the end of September. It was then submitted the next day.

Anyway, that's neither here nor there. What's done is done. Thanks again for the info.

Madhuba

Madhuba

So even if I receive the LMO before Thursday and send in the application before the current work permit expires I would still have to sit it out for six weeks before going back to work?

Madhuba

Andrew Miller

Yes as you won't be applying for extension of existing WP as your post-grad permit cannot be extended. You will be applying for brand new Work Permit.

Madhuba

Ok, I see. Thanks.

Madhuba

Madhuba

Just an update. I got the LMO yesterday (had it faxed to the office) and will be applying for a new work permit today. Definitely takes the pressure off getting the PR done quickly.

Thanks for all your responses.

Madhuba

Andrew Miller

Make sure that WP application reaches Vegreville before Friday, Oct 22 and that it is absolutely complete or you will have to apply through visa post abroad.

Madhuba

Will do. I'm sending it by courier (overnight) and also faxing a copy. I have included the usual docs:

Application to change conditions, Extend my stay or remain in Canada
Job offer letter
Copy of LMO
Copies of relevant passport pages
Copy of previous work permit
Stamped receipt

I think that should cover it. Have I left anything out?

Madhuba

Madhuba

One more thing, should I also send a copy of the LMO, job offer and work permit (when I receive it) to Buffalo for my PR file or is it irrelevant (i.e. because I haven't yet been working the HRDC-confirmed job for a year)?

Madhuba