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Awaiting LMO decision, TWP expiring - help needed!

Awaiting LMO decision, TWP expiring - help needed!

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Old Dec 18th 2011, 6:29 pm
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Default Awaiting LMO decision, TWP expiring - help needed!

Hi,

I have a a couple of questions to anybody in the know that might be able to help with some advice:

My situation is im in canada working on a TWP which expires 1st Jan 2012. I applied for a new lmo so I could extend my current TWP back in Nov 7th but havent got a decision made yet, my boss spoke to the toronto processing office and there is a huge backlog of applications, they are only just working on applications from mid sept-first week in oct. So my TWP is going to expire before I get a new LMO.

Back in Sept my boss also applied for PR for me through PNP route but we havent heard anything back from the Pre-Screen first part either, which is why im having to get a new LMO.

My question is if I send off an application to extend my TWP now without my LMO to get implied status will this give me some extra time to continue working until my LMO comes through. I realize it will be rejected because of not having the LMO just wondered if this is possible? Do I have any other alternatives besides the above or stopping working?

Would I have implied status through my PR application even though we have only just done the pre-screen part and haven't heard anything in months?

Any help would be greatly appreciated!
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Old Dec 18th 2011, 10:57 pm
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Default Re: Awaiting LMO decision, TWP expiring - help needed!

Originally Posted by Rossy
Hi,

I have a a couple of questions to anybody in the know that might be able to help with some advice:

My situation is im in canada working on a TWP which expires 1st Jan 2012. I applied for a new lmo so I could extend my current TWP back in Nov 7th but havent got a decision made yet, my boss spoke to the toronto processing office and there is a huge backlog of applications, they are only just working on applications from mid sept-first week in oct. So my TWP is going to expire before I get a new LMO.

Back in Sept my boss also applied for PR for me through PNP route but we havent heard anything back from the Pre-Screen first part either, which is why im having to get a new LMO.

My question is if I send off an application to extend my TWP now without my LMO to get implied status will this give me some extra time to continue working until my LMO comes through. I realize it will be rejected because of not having the LMO just wondered if this is possible? Do I have any other alternatives besides the above or stopping working?

Would I have implied status through my PR application even though we have only just done the pre-screen part and haven't heard anything in months?

Any help would be greatly appreciated!
You only get implied status from a temporary application to change or extend status. It is separate from PR application.

As for implied status by applying with a dud extension of status application, I'm not sure that is a game I'd want to play. If it were me, I'd get a change of status to visitor underway. Take unpaid absence from work from 2nd January and then wait for LMO. Once I received LMO I'd pop over to US and back for an immediate TWP. But I do not know for sure if this is the most sensible plan.

The regulation that deals with implied status says:
A foreign national may work in Canada without a work permit: until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
And 201(1) says:
201. (1) A foreign national may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.
I don't think that even if you managed to get the second correctly filed application in before a refusal that it would give you implied status as you would not have followed 201(1)(a).

But I am not a lawyer.
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Old Dec 19th 2011, 4:12 am
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Default Re: Awaiting LMO decision, TWP expiring - help needed!

Originally Posted by Rossy
Hi,

I have a a couple of questions to anybody in the know that might be able to help with some advice:

My situation is im in canada working on a TWP which expires 1st Jan 2012. I applied for a new lmo so I could extend my current TWP back in Nov 7th but havent got a decision made yet, my boss spoke to the toronto processing office and there is a huge backlog of applications, they are only just working on applications from mid sept-first week in oct. So my TWP is going to expire before I get a new LMO.

Back in Sept my boss also applied for PR for me through PNP route but we havent heard anything back from the Pre-Screen first part either, which is why im having to get a new LMO.

My question is if I send off an application to extend my TWP now without my LMO to get implied status will this give me some extra time to continue working until my LMO comes through. I realize it will be rejected because of not having the LMO just wondered if this is possible? Do I have any other alternatives besides the above or stopping working?

Would I have implied status through my PR application even though we have only just done the pre-screen part and haven't heard anything in months?

Any help would be greatly appreciated!
We had a similar situation. TWP expiring and a decision on LMO hadn't come through. We made sure the application for our extension went off in the post (signed for on delivery) before the date of expiry and attached a letter with the file number from Service Canada showing the LMO application was in.
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Old Dec 20th 2011, 2:19 am
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Default Re: Awaiting LMO decision, TWP expiring - help needed!

Thanks for the advice guys!

Originally Posted by Lloydies
We had a similar situation. TWP expiring and a decision on LMO hadn't come through. We made sure the application for our extension went off in the post (signed for on delivery) before the date of expiry and attached a letter with the file number from Service Canada showing the LMO application was in.
So that gave you implied status right and could continue working while your lmo came through? How did that effect your twp extension application, were they ok with you doing that?

Thanks
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Old Dec 20th 2011, 3:08 am
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Default Re: Awaiting LMO decision, TWP expiring - help needed!

Originally Posted by Rossy
Thanks for the advice guys!



So that gave you implied status right and could continue working while your lmo came through? How did that effect your twp extension application, were they ok with you doing that?

Thanks
Yes, we went into implied status, and sent the LMO off as soon as it came through. You can only do this if applying by mail though, and I'm not saying its the right thing to do, but we felt that it was for us. The processing times are pretty extreme so it gives you a bit of time to get it to them. My hubby's extension came through, although it took a very long time and nothing was said. I think you're fairly safe as long as you make sure you apply before you expire and attach a letter from the employer with the file number from Service Canada.
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