work permit extension |
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me123
New Member Joined: 09 Mar 2010 Status: Offline Points: 25 |
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Posted: 10 Mar 2010 at 5:21pm |
Hi, I posted this in a different topic, but this looks more appropriate....Hi, I had a work permit that expired in December, 2009, I still had a valid LMO (my LOM was valid for 2 years, but I was only issued a 1 year work permit, on the understanding the work permit could be extended to the full 2 years.) I applied for my extension but my extension request was refused and my work and I have been told that there are new rules and the LMO is no longer valid..... not a nice way to find out as my work permit is now long expired and I'm not sure what my status is (they told me over the phone when I called to enquire to what was happening, they said they were sending a letter, haven't received it yet, so I figure I still have implied status). Is it correct that I have 90 days to restore my status tho if I am now actually out of status? My work has acted fast tho (they are a law firm) in applying for a new LMO, the application will go in next week, and then hopefully we can get the process speed up a bit to get the new work permit as I am no longer allowed to work... It's frustrating as my work really needs me yet we're tied up now in a bit of a mess. The immigration lawyer at my firm doesn't think we'll have any problems getting a new LMO, I really hope not!!! as I have built a life here and will be applying for residence under CEC soon. has anyone else had this probblem? and if anyone has any advice on my problem? and has there been problems getting new LMO's for the same position you have already had one for with the same company? annnnnd once I get the new LMO (fingers crossed!!) can I just send it into immigration to go with the original extension application? If anyone can help I'd really aprpeciate it!! immigration aren't very helpful :(
Thanks!
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job_seeker
Senior Member Joined: 29 Nov 2009 Status: Offline Points: 627 |
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Hi,
Submit an application for restoration of status now and cite waiting for LMO/Work Permit as your reason. You can also attach a letter explaining why you run out of status. I don't know if your position allows concurrent application (applying for the WP) while waiting for the LMO. Check your NOC if you are eligible: http://www.cic.gc.ca/EnGLIsh/work/processing.aspIf your NOC is eligible maybe you can also apply for the WP together with your application for restoration of status. Note that you have to pay for both apps.
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me123
New Member Joined: 09 Mar 2010 Status: Offline Points: 25 |
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Thanks. I haven't actually received the letter yet from immigration, and the lawyer at my work said that I have implied status until I actually receive the letter. That being the case, we have just applied for a new LMO, if we are issued a positive one, as I am in Canada can I go over the boarder and come back again and apply for the work permit at the port of entry only being on implied status? As that would be much faster than applying to an immigration office!
Thanks,
Alex Edited by me123 - 17 Mar 2010 at 12:16pm |
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job_seeker
Senior Member Joined: 29 Nov 2009 Status: Offline Points: 627 |
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But your 90 days may be over by the time the response from CPC arrives. Act now. You can always withdraw your application should your LMO and WP gets approved before your restoration. It is your status, not your lawyers'.
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me123
New Member Joined: 09 Mar 2010 Status: Offline Points: 25 |
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ok, that's a good point, so I'll apply to restore my status, and when the LMO arrives (positive thinking) it's ok for me to cross the boarder then apply for the work permit at the port of entry when I come back to Canada?
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job_seeker
Senior Member Joined: 29 Nov 2009 Status: Offline Points: 627 |
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Yup, you can do that. I am assuming you don't need a visa to enter Canada. |
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me123
New Member Joined: 09 Mar 2010 Status: Offline Points: 25 |
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Nope, visa excempt (NZ citizen)
Thanks so much!!! I think I now have a pretty good plan!
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job_seeker
Senior Member Joined: 29 Nov 2009 Status: Offline Points: 627 |
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That's great then! All the best mate |
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me123
New Member Joined: 09 Mar 2010 Status: Offline Points: 25 |
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cheers! have everything crossed we get a positive LMO (we've had 1 once before for me, so hopefully we'll get it again!)
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me123
New Member Joined: 09 Mar 2010 Status: Offline Points: 25 |
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Hi, we just found out that they aren't going to issue us a positive LMO. The reason being that we haven't meet the recruitment requirments. We advertised the job on canada job bank for over 14 days and wrote a detailed letter of the applicants and why they don't meet the criteria for the posistion, apparently it's not enough tho and we have to advertise further within our profession. I'm confused as our immigration lawyer did most of the application (I work for a top law firm). Is it a new rule that you have to advertise on both the job bank and within your own profession for a NOC B position? as we only advertised within the profession for the first LMO that we got (which has now expired) it seems strange to me that our immigration lawyer wouldn't have known this... or are service canada just being difficult? My work are going to keep trying, but I can't believe we're having yet more problems.... we thought we had done everthing right.... any advice?
thanks....
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