LMO rejected twice - options
Apr 11th 2013, 11:04 pm
#16
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Re: LMO rejected twice - options
You might even find it difficult to get a visitors visa. In the moment it seems at least you are in Canada without a status and working illegally. You should have applied for a visitor status before your IEC expired.I hope you can get it sorted!!! 
To the other poster nbdonkey, I find your comment absolutely inappropriate. Refugees have nothing to do with the LMOs/PRs. These people come from countries we're they are being harassed or killed due to their religion or political view or where they would live in war. If they are really all refugees is a hard thing to find out for Canada. In the end though for Canada a Brit moving over trying to find a job is just as much an immigrant as a Somali trying to find work. And there are rules and if the OPs employer offered too little salary then yes the LMO gets refused and if they think there are enough Canadians then yes it gets refused Brit or Somali or Polish. Ours got refused the first time round and it took a hell of an effort to proof it was wrongly refused. Also it seem the OPs employer's lawyers aren't the wisest!
I still wish the OP all the best as I can understand that he's upset and feel for him.
To the other poster nbdonkey, I find your comment absolutely inappropriate. Refugees have nothing to do with the LMOs/PRs. These people come from countries we're they are being harassed or killed due to their religion or political view or where they would live in war. If they are really all refugees is a hard thing to find out for Canada. In the end though for Canada a Brit moving over trying to find a job is just as much an immigrant as a Somali trying to find work. And there are rules and if the OPs employer offered too little salary then yes the LMO gets refused and if they think there are enough Canadians then yes it gets refused Brit or Somali or Polish. Ours got refused the first time round and it took a hell of an effort to proof it was wrongly refused. Also it seem the OPs employer's lawyers aren't the wisest!
I still wish the OP all the best as I can understand that he's upset and feel for him.
Really need more information on where I can read the guidelines on this. I read on another forum that aslong as my application for LMO and the TWP arrived at whichever office before my WHV expired 19/03/13 (which it did) then I would be on implied status.
I emailed my lawyer to get a clear idea on this and emailed another one just in case.
Apr 11th 2013, 11:36 pm
#17
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Re: LMO rejected twice - options
I also just spoke with the lawyer and he was adament that because my application was done before expiration of my WHV that I am on implied status.
Apr 11th 2013, 11:41 pm
#18
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Re: LMO rejected twice - options
Perhaps you should look at getting your own lawyer. The company's lawyer works for the company's best interests, not yours.
Apr 11th 2013, 11:52 pm
#19
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Re: LMO rejected twice - options
I would question your lawyers answer, there have been many discussions on the boards about this subject and the consensus has been that someone who has an IEC visa cannot be on implied status whilst awaiting the outcome of a TWP application - or continue to work.
There are many many threads on here discussing it - perhaps you could have a look over a few: http://britishexpats.com/forum/searc...archid=5839774
Apr 11th 2013, 11:54 pm
#20
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Re: LMO rejected twice - options
Lot of IFs in my head at the moment so need to asses this again in the morning with a fresh mind.
Apr 11th 2013, 11:56 pm
#21
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Re: LMO rejected twice - options
Could I suggest you ask Former Lancastrian by pm what his opinion is? As a Border Service Officer he is likely to know.
I would question your lawyers answer, there have been many discussions on the boards about this subject and the consensus has been that someone who has an IEC visa cannot be on implied status whilst awaiting the outcome of a TWP application - or continue to work.
There are many many threads on here discussing it - perhaps you could have a look over a few: http://britishexpats.com/forum/searc...archid=5839774
I would question your lawyers answer, there have been many discussions on the boards about this subject and the consensus has been that someone who has an IEC visa cannot be on implied status whilst awaiting the outcome of a TWP application - or continue to work.
There are many many threads on here discussing it - perhaps you could have a look over a few: http://britishexpats.com/forum/searc...archid=5839774
I would like to think i have not overstayed and therefore am still on implied status but at the same time I have no confidence in the lawyer my employer used.
The link you posted did not work.
Bobby
Apr 12th 2013, 12:21 am
#23
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Re: LMO rejected twice - options
the link that didnt work was the link to other discussion threads
Apr 12th 2013, 12:25 am
#24
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Re: LMO rejected twice - options
You really cannot submit a valid application for Restoration if you still have status.
Since you have lost confidence in your lawyer, if you want another opinion on this issue try calling Ron McKay, Tel. (1) (604) 643- 3148
And ask for his advice. He is a former visa officer who specializes in work permits and has been recommended on this forum. I know he believes you have implied status in your situation too. He might have some practical advice for you.
Apr 12th 2013, 12:40 am
#25
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Re: LMO rejected twice - options
Well no, the lawyer is not allowed to advise the OP to work ilegally. The employer would probably be breaking the law too by employing someone without a work permit.
Well, yes, I personally agree with your lawyer. IMHO Reg, 186(u) allows you to continue working now if your IEC work visa has expired. You are not applying for an extension of your IEC work permit, you are applying for a new TWP. However as siouxie states most of the respected people on this forum are equally adamant that you are not on implied status. CBSA in general do not agree either, which can create problems if you go to the border.
You really cannot submit a valid application for Restoration if you still have status.
Since you have lost confidence in your lawyer, if you want another opinion on this issue try calling Ron McKay, Tel. (1) (604) 643- 3148
And ask for his advice. He is a former visa officer who specializes in work permits and has been recommended on this forum. I know he believes you have implied status in your situation too. He might have some practical advice for you.
Well, yes, I personally agree with your lawyer. IMHO Reg, 186(u) allows you to continue working now if your IEC work visa has expired. You are not applying for an extension of your IEC work permit, you are applying for a new TWP. However as siouxie states most of the respected people on this forum are equally adamant that you are not on implied status. CBSA in general do not agree either, which can create problems if you go to the border.
You really cannot submit a valid application for Restoration if you still have status.
Since you have lost confidence in your lawyer, if you want another opinion on this issue try calling Ron McKay, Tel. (1) (604) 643- 3148
And ask for his advice. He is a former visa officer who specializes in work permits and has been recommended on this forum. I know he believes you have implied status in your situation too. He might have some practical advice for you.
I will contact Ron in the morning.
if by IMHO Reg, 186(u) I am infact on implied status - this means for now I am still okay to work?
As i originally posted before my IEC work visa applied the lawyer had submitted a LMO application (rejected this week) and a TWP (no decision yet but most likely reject) so does that mean I have implied status until i get the decision on the TWP?
WHICH will mean by 23rd of April I will have been working for one year and perhaps be eligable for CEC (Canada experiece class)?
Again thanks for the help.
Bobby
Apr 12th 2013, 12:54 am
#26
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Re: LMO rejected twice - options
Thanks
I will contact Ron in the morning.
if by IMHO Reg, 186(u) I am infact on implied status - this means for now I am still okay to work?
As i originally posted before my IEC work visa applied the lawyer had submitted a LMO application (rejected this week) and a TWP (no decision yet but most likely reject) so does that mean I have implied status until i get the decision on the TWP?
WHICH will mean by 23rd of April I will have been working for one year and perhaps be eligable for CEC (Canada experiece class)?
Again thanks for the help.
Bobby
I will contact Ron in the morning.
if by IMHO Reg, 186(u) I am infact on implied status - this means for now I am still okay to work?
As i originally posted before my IEC work visa applied the lawyer had submitted a LMO application (rejected this week) and a TWP (no decision yet but most likely reject) so does that mean I have implied status until i get the decision on the TWP?
WHICH will mean by 23rd of April I will have been working for one year and perhaps be eligable for CEC (Canada experiece class)?
Again thanks for the help.
Bobby
You should also be aware that other former immigration officers on BE disagree with firstchoice's interpretation of the law.
Apr 12th 2013, 12:58 am
#27
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Re: LMO rejected twice - options
Be careful is all I can say. In the end it is a CBSA officer that has to give you a work permit and if he thinks you have been working illegally you will probably have to leave the country and be banned for at least 6 months from obtaining a new work permit. And like Siouxie said ask FormerLancastrian he is a CBSA officer and will know what's what and how things like this get handled. Also firstchoice is pretty much the only one on BE that insists that you can get implied status after the IEC expired.
Apr 12th 2013, 1:00 am
#28
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Re: LMO rejected twice - options
Hi,
I'll let Ron McKay answer your first question. If you are on implied status you are Ok to work. If you are not on implied status, you are not OK to work. I am sure he'll give you conservative advice, and he may not charge you for answering a few questions. He knows all about the issues with CBSA. I will pm you my name and you can tell him I referred you.
Sorry, this is not such a good luck story that you qualify for CEC. R186(u) allows work without a work permit while awaiting a decision on a new TWP. Qualifying work experience on CEC must be under a work permit.
I'll let Ron McKay answer your first question. If you are on implied status you are Ok to work. If you are not on implied status, you are not OK to work. I am sure he'll give you conservative advice, and he may not charge you for answering a few questions. He knows all about the issues with CBSA. I will pm you my name and you can tell him I referred you.
Sorry, this is not such a good luck story that you qualify for CEC. R186(u) allows work without a work permit while awaiting a decision on a new TWP. Qualifying work experience on CEC must be under a work permit.
Last edited by firstchoice; Apr 12th 2013 at 1:08 am.
Apr 12th 2013, 1:12 am
#29
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Re: LMO rejected twice - options
Hi,
I'll let Ron McKay answer your first question. If you are on implied status you are Ok to work. If you are not on implied status, you are not OK to work. I am sure he'll give you conservative advice, and he may not charge you for answering a few questions. He knows all about the issues with CBSA. I will pm you my name and you can tell him I referred you.
Sorry, this is not such a good luck story that you qualify for CEC. R186(u) allows work without a work permit while awaiting a decision on a new TWP. Qualifying work experience on CEC must be under a work permit.
I'll let Ron McKay answer your first question. If you are on implied status you are Ok to work. If you are not on implied status, you are not OK to work. I am sure he'll give you conservative advice, and he may not charge you for answering a few questions. He knows all about the issues with CBSA. I will pm you my name and you can tell him I referred you.
Sorry, this is not such a good luck story that you qualify for CEC. R186(u) allows work without a work permit while awaiting a decision on a new TWP. Qualifying work experience on CEC must be under a work permit.
Apr 12th 2013, 1:26 am
#30
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Re: LMO rejected twice - options
Section 186(u) states:
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.
Please note the bold part. "under subsection 201(1)"
Section 201(1) states:
Application for renewal
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.
Please note "apply for the renewal" - it doesn't say "apply for a new TWP" - it categorically states "apply for the renewal of their work permit"
You cannot "renew" an IEC visa.
How can you be on implied status (and able to continue working) if your IEC work permit can't be renewed?
If you are concerned then consult a lawyer or an Immigration Consultant (making sure they are registered) and get a definitive answer - please be extremely careful on how you proceed, the wrong decision could make a huge difference to what the end result will be.
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.
Please note the bold part. "under subsection 201(1)"
Section 201(1) states:
Application for renewal
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.
Please note "apply for the renewal" - it doesn't say "apply for a new TWP" - it categorically states "apply for the renewal of their work permit"
You cannot "renew" an IEC visa.
How can you be on implied status (and able to continue working) if your IEC work permit can't be renewed?
If you are concerned then consult a lawyer or an Immigration Consultant (making sure they are registered) and get a definitive answer - please be extremely careful on how you proceed, the wrong decision could make a huge difference to what the end result will be.