Staying in Canada waiting for LMO
Oct 2nd 2007, 12:05 pm
#1
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Staying in Canada waiting for LMO
We employ a British cabinetmaker who is in Canada on a BUNAC 1 year visa. Sometime ago he applied to CIC for an extension as the visa expires on October 10th. CIC rejected his application saying the could not approve it without a LMO.
HRSDC are currently taking 5-6 month to process a LMO.
He says he has been told that he is allowed to stay in Canada as long as his application is still "in process" - and it will be if we are waiting for the LMO.
He is a great guy and very talented and we would love to keep him, but this doesn't sound right to me. Does anyone know if this is correct?
HRSDC are currently taking 5-6 month to process a LMO.
He says he has been told that he is allowed to stay in Canada as long as his application is still "in process" - and it will be if we are waiting for the LMO.
He is a great guy and very talented and we would love to keep him, but this doesn't sound right to me. Does anyone know if this is correct?
Oct 2nd 2007, 12:22 pm
#2
Sawdust making harpy
Joined: Sep 2007
Location: Alberta
Posts: 11,291
Re: Staying in Canada waiting for LMO
I thought that you could only stay on and work if you had applied for and were waiting for decisions on either an extension to your current TWP, or for PR from TWP.
Could be wrong and most probably am tho? Is there nothing on the CIC website regarding this?
Fingers crossed anyhow
Could be wrong and most probably am tho? Is there nothing on the CIC website regarding this?
Fingers crossed anyhow
Last edited by mandymoochops; Oct 2nd 2007 at 12:22 pm. Reason: No brains
Oct 2nd 2007, 12:33 pm
#3
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Re: Staying in Canada waiting for LMO
Thanks, I'll keep digging.
Oct 2nd 2007, 1:42 pm
#4
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Re: Staying in Canada waiting for LMO
We were on BUNAC, then got accepted by BC PNP a month before our BUNAC WP ran out.
We couriered off our new WP applications to CIC Vegreville along with the supporting letter from BC PNP and a few other items that looked like a small rainforest in a FedEx package, but didn't get the new WP back to put in our passports before BUNAC expired.
Apparently we are on "implied status" but can't leave the country until new WP are back and safely in passports.
Important to keep proof of CIC receiving the application hence FedEx used.
I'm not sure if you have to have had a positive result on the LMO and just be waiting for the WP back from CIC to be on implied status, or whether you can be on implied status whilst waiting for the LMO result whicj is probably the question you are asking.
I've just found these 2 which suggest that you need to be waiting for the actual WP to be on implied status rather than be waiting for the LMO or whatever else you need. Sorry.
http://www.cic.gc.ca/english/resourc...s/ip/ip06e.pdf
http://www.hr.ubc.ca/faculty_relatio...k_permits.html
I'm not sure if I am missing something in your orginal posting but under what circumstances and to what was this BUNAC'er applying to CIC for an extension to? Everywhere you go round BUNAC they tell you that you can not get an extension to your BUNAC WP, and hence, not that they tell you this part, if you want to stay on, you need to find another route, e.g. LMO, PNP, spouse sponsorship, visitor visa etc.
Has he been told by CIC that he can stay in Canada as a visitor?
Have you seen the letter from CIC that gave him this information?
Have you applied for the LMO since his rejected and have proof of delivery / letter from HRSDC saying that they have received it?
Tread carefully cos if he can't stay here on whatever type of visa he needs to leave Canada next week or else he'll screw up any chances of coming here, if he stays here illegally. In which case he should swing round the Peach Arch and hope they let him back in on a visitor visa. If he does has implied status (which I doubt) he will loose it if he swings round the Peace Arch.
But as you say, keep digging.
We couriered off our new WP applications to CIC Vegreville along with the supporting letter from BC PNP and a few other items that looked like a small rainforest in a FedEx package, but didn't get the new WP back to put in our passports before BUNAC expired.
Apparently we are on "implied status" but can't leave the country until new WP are back and safely in passports.
Important to keep proof of CIC receiving the application hence FedEx used.
I'm not sure if you have to have had a positive result on the LMO and just be waiting for the WP back from CIC to be on implied status, or whether you can be on implied status whilst waiting for the LMO result whicj is probably the question you are asking.
I've just found these 2 which suggest that you need to be waiting for the actual WP to be on implied status rather than be waiting for the LMO or whatever else you need. Sorry.
http://www.cic.gc.ca/english/resourc...s/ip/ip06e.pdf
5.5. Implied status
A temporary resident must apply to renew their status before it expires. If they have done so, their original temporary status (whether as a student, worker or visitor) continues until a decision is made and they are notified (R183(5)). If a visitor or any other class of TR leaves Canada, their status as a temporary resident expires upon leaving.
If a person applied for a renewal of a work or study permit and their status expired before a decision was made, R186(u) and R189 (the right to continue working or studying under the same conditions) apply as long as the person remains in Canada.
A temporary resident must apply to renew their status before it expires. If they have done so, their original temporary status (whether as a student, worker or visitor) continues until a decision is made and they are notified (R183(5)). If a visitor or any other class of TR leaves Canada, their status as a temporary resident expires upon leaving.
If a person applied for a renewal of a work or study permit and their status expired before a decision was made, R186(u) and R189 (the right to continue working or studying under the same conditions) apply as long as the person remains in Canada.
If a copy of the work permit does not arrive prior to the expiry of the current work permit, the faculty member must provide Faculty Relations with a copy of the receipt for payment of the CIC application fee. This provides UBC with the confirmation that the member has implied status, which allows UBC to continue to pay the faculty member. An individual will only have implied status as long as they have submitted their application for a new work permit prior to the expiry of their old one, and the conditions of their employment have not changed.
It is important to note that while a member has implied status they may not leave Canada.
It is important to note that while a member has implied status they may not leave Canada.
I'm not sure if I am missing something in your orginal posting but under what circumstances and to what was this BUNAC'er applying to CIC for an extension to? Everywhere you go round BUNAC they tell you that you can not get an extension to your BUNAC WP, and hence, not that they tell you this part, if you want to stay on, you need to find another route, e.g. LMO, PNP, spouse sponsorship, visitor visa etc.
Has he been told by CIC that he can stay in Canada as a visitor?
Have you seen the letter from CIC that gave him this information?
Have you applied for the LMO since his rejected and have proof of delivery / letter from HRSDC saying that they have received it?
Tread carefully cos if he can't stay here on whatever type of visa he needs to leave Canada next week or else he'll screw up any chances of coming here, if he stays here illegally. In which case he should swing round the Peach Arch and hope they let him back in on a visitor visa. If he does has implied status (which I doubt) he will loose it if he swings round the Peace Arch.
But as you say, keep digging.
Oct 3rd 2007, 3:50 am
#5
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Re: Staying in Canada waiting for LMO
WOW, that is great information. Thank you.
The letter from CIC says, "After considering all the circumstances of your case, your application for a work permit cannot be approved as requested without a valid Labour Market Opinion and Confirmation from HRSDC." It then goes on to say he must leave Canada when his WP expires.
If it had said, "Your application has been rejected" then things would be reasonably clear cut, but it seems to say that the application would have been accepted if we had a LMO. This leaves me wondering if we have some wiggle room, that he may be considered to be on implied status while we are waiting for the LMO.
Our other option, I suppose, is to apply under the PNP, but then he would also have to apply for permanent residency.
The letter from CIC says, "After considering all the circumstances of your case, your application for a work permit cannot be approved as requested without a valid Labour Market Opinion and Confirmation from HRSDC." It then goes on to say he must leave Canada when his WP expires.
If it had said, "Your application has been rejected" then things would be reasonably clear cut, but it seems to say that the application would have been accepted if we had a LMO. This leaves me wondering if we have some wiggle room, that he may be considered to be on implied status while we are waiting for the LMO.
Our other option, I suppose, is to apply under the PNP, but then he would also have to apply for permanent residency.
Oct 3rd 2007, 3:54 am
#6
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Re: Staying in Canada waiting for LMO
Yes
Have you applied for the LMO since his rejected and have proof of delivery / letter from HRSDC saying that they have received it?
Yes, we sent the application by courier so we can get proof of delivery if we need it.
Have you applied for the LMO since his rejected and have proof of delivery / letter from HRSDC saying that they have received it?
Oct 3rd 2007, 4:44 am
#7
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Re: Staying in Canada waiting for LMO
I think I can see one way we can do this, at least for the moment. From CIC website:
"Under Canada’s Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident visa decisions. Instead, applicants can reapply and, whenever possible, a different visa officer will examine the application."
So it seems that as long as we get a second application in before his WP expires, he will be on implied status until this new application is rejected or accepted. Of course, as we still don't have a LMO, this second application will almost certainly be rejected and we will be up the creek then as his current WP will have expired.
"Under Canada’s Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident visa decisions. Instead, applicants can reapply and, whenever possible, a different visa officer will examine the application."
So it seems that as long as we get a second application in before his WP expires, he will be on implied status until this new application is rejected or accepted. Of course, as we still don't have a LMO, this second application will almost certainly be rejected and we will be up the creek then as his current WP will have expired.
Oct 3rd 2007, 9:47 am
#8
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Re: Staying in Canada waiting for LMO
Spoke to a nice lady at CIC who, after a bit of moaning on our part, said the best thing to do was to apply to extend his visa as a visitor. These currently take 82 days to process. Until he gets a response he can have implied status and carry on working for us.
Of course, if he is approved he will no longer have the right to work but at least it gives us a bit of breathing space.
Of course, if he is approved he will no longer have the right to work but at least it gives us a bit of breathing space.
Oct 3rd 2007, 10:00 am
#9
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Re: Staying in Canada waiting for LMO
Good stalling tactic until LMO comes through.
I know of people who have worked in this sort of interium period but not been paid for it, and then, according to the tax man, work a lot of overtime in their first few weeks.
I know of people who have worked in this sort of interium period but not been paid for it, and then, according to the tax man, work a lot of overtime in their first few weeks.
Oct 3rd 2007, 10:33 am
#10
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Re: Staying in Canada waiting for LMO
Hi
Except that he is applying for visitor permit, not a work permit, so there is no implied work status, only that as a visitor. So he should not be working.
You may wish to read:
5.5. Implied status
A temporary resident must apply to renew their status before it expires. If they have done so, their original temporary status (whether as a student, worker or visitor) continues until a decision is
made and they are notified (R183(5)). If a visitor or any other class of TR leaves Canada, their status as a temporary resident expires upon leaving.
If a person applied for a renewal of a work or study permit and their status expired before a
decision was made, R186(u) and R189 (the right to continue working or studying under the same conditions) apply as long as the person remains in Canada. If the person left Canada and, upon returning to a Canadian port of entry
• no decision had been made, the person must re-apply at the POE if they have the right to do so, or re-apply outside Canada if they do not.
• a renewal of the work or study permit had been issued, the person may be authorized to enter as a TR who does have the right to work or study in accordance with the conditions on the issued permit.
You may wish to read:
5.5. Implied status
A temporary resident must apply to renew their status before it expires. If they have done so, their original temporary status (whether as a student, worker or visitor) continues until a decision is
made and they are notified (R183(5)). If a visitor or any other class of TR leaves Canada, their status as a temporary resident expires upon leaving.
If a person applied for a renewal of a work or study permit and their status expired before a
decision was made, R186(u) and R189 (the right to continue working or studying under the same conditions) apply as long as the person remains in Canada. If the person left Canada and, upon returning to a Canadian port of entry
• no decision had been made, the person must re-apply at the POE if they have the right to do so, or re-apply outside Canada if they do not.
• a renewal of the work or study permit had been issued, the person may be authorized to enter as a TR who does have the right to work or study in accordance with the conditions on the issued permit.
