Implied status on TWP

Old Aug 14th 2014, 8:10 am
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Default Implied status on TWP

Hi Everyone,

So my PR application is stuck in the FSW backlog and CIC don't look to be processing any quicker at the moment so I'm doubtful I will get PER before my current work permit runs out. My LMIA application has not produced any result yet regards extending my current TWP.

So my question is this, if I do not get PER or a positive LMIA the week prior to my TWP running out can I send a paper TWP application for an extension without the PER or LMIA ?, I see paper applications roughly take 43 days to process and I know without the LMIA or PER the application once processed will get rejected. But my understanding is until they reject it I'd be on implied status and could keep working?

If this is true then this may buy me some time, also if I this extra time I thought if I don't hear back with PER by then on my FSW 2 app I would then be here a year and so I'd go to plan b and send in a CEC app.

Thanks for reading my post and any feedback is appreciated.

Thanks

Mike
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Old Aug 14th 2014, 8:52 am
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Default Re: Implied status on TWP

Hi,

Have you looked to see if you qualify for a bridging open work permit?

http://www.cic.gc.ca/english/work/pe.../permanent.asp

Application to Change Conditions or Extend Your Stay in Canada as a Worker

Last edited by AlmostThere12; Aug 14th 2014 at 9:00 am. Reason: old link
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Old Aug 14th 2014, 9:30 am
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Default Re: Implied status on TWP

Originally Posted by AlmostThere12
He hasn't received PER - without that, he cannot apply for a bridging open work permit.

Temporary Foreign Worker Program: Provincial nominees or permanent resident applications – Bridging open work permits for certain federal economic class applicants
The foreign national is currently in Canada;
They have valid status on a WP that is due to expire within 4 months;
They are the principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP;
They have received a positive eligibility assessment on their PR application under one of the Economic Class programs above; and
They have made application for an open WP.
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Old Aug 14th 2014, 11:52 am
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Default Re: Implied status on TWP

Originally Posted by AlmostThere12
As noted by Siouxie I would need PER to get the BOWP, I have looked into these things but im in between a rock and a hard place. But thanks for trying to help
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Old Aug 14th 2014, 6:57 pm
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Default Re: Implied status on TWP

Originally Posted by Mikeypm
So my question is this, if I do not get PER or a positive LMIA the week prior to my TWP running out can I send a paper TWP application for an extension without the PER or LMIA ?, I see paper applications roughly take 43 days to process and I know without the LMIA or PER the application once processed will get rejected. But my understanding is until they reject it I'd be on implied status and could keep working?
That's my understanding too, this seems a prime example of when implied status WOULD apply!

Hopefully PMM will confirm, but I think that would give you a bit of extra time, although fingers crossed you don't need it.

Best of luck.
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Old Aug 15th 2014, 5:30 am
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Default Re: Implied status on TWP

Hi

Originally Posted by christmasoompa
That's my understanding too, this seems a prime example of when implied status WOULD apply!

Hopefully PMM will confirm, but I think that would give you a bit of extra time, although fingers crossed you don't need it.

Best of luck.
1. Except that when the TWP extension is refused, s/he will probably get a letter that s/he has to leave Canada immediately.
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Old Aug 15th 2014, 2:27 pm
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Default Re: Implied status on TWP

Originally Posted by PMM
Hi



1. Except that when the TWP extension is refused, s/he will probably get a letter that s/he has to leave Canada immediately.
So I'd be better to change my status to visitor if I do not get the LMIA or PER in time
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Old Aug 16th 2014, 4:43 am
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Default Re: Implied status on TWP

good luck mike
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Old Aug 16th 2014, 4:49 am
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Default Re: Implied status on TWP

Originally Posted by Mikeypm
So I'd be better to change my status to visitor if I do not get the LMIA or PER in time
Changing your status to that of a visitor for about a month or two would probably be enough. I don't see why you shouldn't have your LMIA or PER by the end of November.
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Old Aug 16th 2014, 11:34 am
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Default Re: Implied status on TWP

Originally Posted by ExKiwilass
good luck mike
Thanks Kiwi
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Old Aug 16th 2014, 11:38 am
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Default Re: Implied status on TWP

Originally Posted by bc_guy
Changing your status to that of a visitor for about a month or two would probably be enough. I don't see why you shouldn't have your LMIA or PER by the end of November.
Yes I've started putting some cash into a savings account so we can hopefully weather the storm as such regards going to visitor for a month or so
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Old Aug 16th 2014, 5:48 pm
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Default Re: Implied status on TWP

Originally Posted by Mikeypm
Yes I've started putting some cash into a savings account so we can hopefully weather the storm as such regards going to visitor for a month or so
Well that's great. They're issuing PER to May 9th applications at the moment. I think that the early May backlog will be cleared very soon and processing times will soon level off and drop back down to more reasonable levels. This is all just pure speculation, but I'm thinking that we'll see a significant drop in processing times after they get past the May 16th applications. Processing times for May applications can't keep rising forever.
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Old Aug 17th 2014, 5:09 am
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Default Re: Implied status on TWP

Originally Posted by bc_guy
Well that's great. They're issuing PER to May 9th applications at the moment. I think that the early May backlog will be cleared very soon and processing times will soon level off and drop back down to more reasonable levels. This is all just pure speculation, but I'm thinking that we'll see a significant drop in processing times after they get past the May 16th applications. Processing times for May applications can't keep rising forever.
But it seems like they got up to May 9th and stopped charging and did mass PER roll out to those who had been charged on the 6th,7th,8th May and just made we wonder can they not process applications, charge cricket cards and issue PER. Just I think after all these years that CIC has been doing the FSW that they have manged to be able to multi task ..... Rant over

I'm surprised as well that they ask for applications to be addressed for the FSW1,FSW2 and FSW3 streams but they seem to be limping them into together.
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