youngmimesofharlem

Quick Back Story:

Came to Vancouver in December, landed a maternity cover contract in Jan, now my work wants me to stay on even if the woman I replaced doesn't come back.

They've said they'll give me a letter with a job offer and have basically asked me to sort out the application to change my status from Working Holiday to.... er..... whatever it needs to be to stay.

I think I can go on to implied status in December, but I don't even know what to apply for then. Permanent Resident? Work Permit?

The company has asked me to do it because their legal team is a pharmaceutical patent lawyer who has no experience/interest in sorting it out.

Cheers.

christmasoompa

You need your work to apply for either a LMO or AEO for you (they have to do this, you can't), and can then apply under category 2 of the Skilled Worker program (arranged employment) or your province's PNP program.

Both take anywhere between 6-12 months, plus another few weeks/months for the AEO/LMO, so you need to get started asap so that you can have PR before your Bunac ends.

Good luck and congrats on the job offer!

youngmimesofharlem

Can I keep going under 'implied status' while the wheels of bureaucracy grind along?

PMM

Hi


Not really, you employer has to obtain an LMO for you to continue work. If s/he doesn't and you apply for an extension of the work permit without it, you could continue working until you receive a decision (weird anomaly in the regulations) but you will be refused and receive instructions to leave Canada.

youngmimesofharlem

But whilst the LMO is being sought/applications are being submitted etc. could I continue to work under implied status or do I have to cease work the moment my BUNAC visa ends?

JamesM

You have quoted the answer to your own question.

With out an LMO approved you cannot continue working.

youngmimesofharlem

No but I haven't.

PMM then goes on to say:

"If s/he doesn't and you apply for an extension of the work permit without it, you could continue working until you receive a decision"

So it appears I can indeed continue working. I don't want to game the system, I just want to know;

if my work gets an LMO application in, followed by a work permit application well before my BUNAC expires, BUT my BUNAC does indeed expire before I receive a decision, can I continue working on 'implied status' whilst said decision is arrived at by the Canadian Government?

Or do I have to stop work IMMEDIATELY even though the paperwork is passing through the machinations of the system.

JamesM

Without an approved Labour Market Opinion you would be working illegally. Your Work Holiday visa is not extendable.

christmasoompa

Not actually correct. As PMM said, if the OP's employer applies for a LMO before his Bunac ends, then he can keep working under 'implied status' whilst the LMO application is being processed.

If it's refused, then he has to stop work immediately however.

JamesM

PMM also clearly states that with out the LMO obtained the Work permit will be rejected regardless- so I am correct because the LMO is required first or the outcome is negative anyway.

"If s/he doesn't and you apply for an extension of the work permit without it, you could continue working until you receive a decision (weird anomaly in the regulations) but you will be refused and receive instructions to leave Canada".

Eitherway obtaining an LMO is by no means a formality so unless the OP wants to get asked to leave the country with hardly any notice I would recommend that they get on with arranging it asap.

HR people in Canada get very nervous when it come's to dealing directly with HRDC. I know I have been on the negative end of a work permit process and I had a well resourced Canadian firm involved. The HR department or person responsible will have to produce a reasonable amount of documentation and evidence for HRDC. HRDC will not liaise with the employee.

It also states quite clearly on the Work Holiday Visa that it's non-extendable.

The OP has to understand that it is in no way a straightforward process and a sense of urgency is required. I am just trying to help them.

christmasoompa

Absolutely, I completely agree but you said 'without an approved LMO you would be working illegally' which is not actually correct. The OP would not be working illegally, as they have implied status until the TWP is refused.

Obviously it will be refused without a LMO, but they can continue to work for those few extra weeks/months whilst the TWP application is processed, and that is perfectly legal.

JamesM

Great stuff.

I am not trying to argue.

My point is the OP should not wait till December and if they are serious about staying in Canada they need to start persuing the various route's now not when their WHV is nearly up. I started my work permit application with 5 month's to run and wish I had started at least 3 months earlier.

As we know with LMO there are a number of criteria that their company will have to prove. HRDC will be ruthless when reviewing this criteria and there will be no second chance if the OP has no status in Canada when rejected.

christmasoompa

Totally agree. We always advise clients that they try and sort things out to stay permanently asap when on Bunac, as the longer the better.

I think we were talking at cross purposes, I don't disagree with most of what you've said at all, but was just pointing out that the OP wouldn't be working illegally with no LMO necessarily.

But definitely a good idea to get LMO applied for asap and it's approved!

youngmimesofharlem

Thank you.

That was what I was after.

Checkmate

My experience, the LMO took about four weeks, and then after that the Work Permit took about two or three weeks. Not more than 2 months end to end.

The official website says there is a 34 day processing time betwen sending off for the Work Permit (having already gotten positive LMO, of course) and receiving Work Permit, but i think it can be a lot quicker as with me.