Implied Status
 

Hi Everyone,

I am going to phone CIC on Monday to confirm but was just hoping for a little peace of mind tonight!

My partners company applied for an LMO (he works for them now on an IEC visa and is changing it to a TWP). The LMO was rejected and my husbands works visa runs out on 20th November. They re-submitted the application for the LMO and we have submitted our TWP application tonight online (minus the LMO stating that his company applied but is waiting for a response)

Does this now put him on implied status or does the LMO have to have a file number for that to apply to us?

Any experience or advice welcome thanks

Emma

Re: Implied Status
 

No implied status with an IEC from my understandings.
And he won't get a TWP without a pos LMO. So he'll have to change to a visitor visa and won't be able to work.
Sorry to have no better news :(

Re: Implied Status
 

There's a very similar thread started earlier today in the Immigration forum (where this thread should be) and the answer is no I'm afraid.

Re: Implied Status
 

nope no implied status in that case, and they also stopped concurrent processing of the TWP while waiting on your LMO back in 2010 so they won't process your application for the TWP so that was probably a waste of money sorry to tell you.

He can apply to be a visitor and then stop work and stay while that is processing but he will have to stop work.

Re: Implied Status
 

This is what is confusing me. I explained our situation to CIC and they said because we are not extending the IEC but applying from within Canada for a TWP on a job held while on the IEC as long as the LMO was in application we would be on implied status.

The application was submitted electronically and without the LMO as we were told to do it that way.

Very odd that it seems so different now?

Emma

Re: Implied Status
 

Also apologies for being in the wrong bit can someone tell me how to move it and I will

Em

Re: Implied Status
 

http://www.cic.gc.ca/english/work/processing.asp

This is it on the website.

Believe me if you check my signature you can see I would love it if you could keep working. But you can't for that reason both me and my husband haven't worked since our permit expired 2 months ago. We have double checked this several times with cic and have always been told must stop work.

Re: Implied Status
 

Well that's frustrating

Guess we better books some flights then, we can't afford to stay without working so UK here we come I guess. Thanks ever so much everyone for taking the time to reply

Emma

Re: Implied Status
 

Remember that when/if you do get an LMO you can just head to the border to obtain a TWP straight away. I don't know what the processing times are for LMOs, how much it'd cost you to remain in Canada without working or how much it'd cost to return to the UK - but it may be cheaper to just stay put provided you submit a visitor extension request.

Re: Implied Status
 

If you are booking flights theres a cheap flight from calgary on Wed $301 with Canadian affair. (constantly checking flights incase ours is rejected)

Depending on why the LMO was rejected the first time would decide whether I would stay and wait or not. But this close to Christmas you could go home and see family and hopefully it comes through in January. If its a normal LMO and not an A-LMO Alberta is running pretty slow.

Re: Implied Status
 

Thanks BTJ, unfortunately the new LMO was only submitted last week and my husband's visa runs out on the 20th Nov so we can't really afford to wait the length of time we would have to for a decision to be made. We will pick up and head back and wait for a decision and then as soon as its positive be on the first plane back to get on with the rest of our lives! These things are sent to try us I guess ;-)

Re: Implied Status
 

Out of interest if we apply on line for a visitors visa for my husband before his work status runs out does that give him implied status as a visitor or do we need an official decision from CIC before he can stay?

Re: Implied Status
 

My understanding is that you enter implied status - however this only applies to the "visitor" element of your status and not the working status. So yes you can remain until a decision is made.

Re: Implied Status
 

Yep you can apply online and get visitor status implied while waiting. That's exactly where we are at the moment waiting on the visitor decision or the LMO or SINP which ever comes through first :rofl:

The visitor decision is at around 70 days for applying online at the moment, to give you an idea of timeline if you are going to do that.

Re: Implied Status
 

Since you have applied for the work permit already, I will tell you that CIC are correct in my view that he can continue working.

What appears on the CIC website is not the Law. They may try to keep it accurate and up-to-date, but they do not always succeed. It is the Immigration and Refugee Protection Act and the Regulations that govern whether what you an CIC do is legal or not.

In this case, it is Regulation 186 that governs the situation:

"186. A foreign national may work in Canada without a work permit
....
(u) 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."

Your husband has indeed applied under R.201 (1) which reads:

"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."

Your husband is not asking for an extension of the IEC work permit - he has applied for a new work permit. What the Regulations state is that he can continue working, even though he does not have a work permit.

There are some difficulties with this approach though - e.g. if the work permit is refused, he has to leave Canada immediately, also if you read this forum carefully, you will find that Canada Border Services Agency does not always agree with the advice you received from CIC, so if he follows this approach, your husband could face difficulties some time in the future when he tries to re-enter Canada. It is up to you to decide what to do. It would be interesting to know what CIC tell you when you call them on Monday, and what ends up happening.