Immigration Issues/Work permit and LMO

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Question
Hi,

I am on my PGWP which is now expired.Before expiry I have applied for an extension alongwith a letter from my employer saying they are considering to apply for LMO.My employer is now willing to apply for LMO....is it too late for them ?
Secondly once they apply for LMO I am planning to call CIC and inform them about the application for LMO.Since I am under implied status now...still working and am just waiting for a reply for my application of an extension of work permit...will they consider my request and hold on my application for work permit for 2 months until a positive LMO is received ??
Please suggest me what is the best way to deal with such situation.

Thank you

Answer
Hi Shaz,

Thank you for your question.  Unfortunately the answer to your question is no.  CIC will not hold your work permit application until the LMO is decided.  Your employer should have applied for the LMO before your work permit expired.  CIC does not care that they were "considering" applying for an LMO when you applied for your work permit extension.  This is truly unfortunate because if you were in a skill level 0, A or B position, your employer would have had an easier time applying for the LMO while your PGWP was STILL valid.  They would not have had to do any advertising.  But since it is now expired, they are not eligible to take advantage of this and now must do a regular LMO application which includes proof of recruitment.

You will very likely receive a refusal of your work permit application before your employer is able to get the decision on the LMO.  If that is the case, you will have to stop working immediately (on the day you receive the refusal), and hope that a positive LMO is received by the employer within 90 days.  You will have 90 days from the date of your refusal letter to apply for Restoration and a new work permit if the employer receives the positive LMO.

Sincerely,

Roxanne Jessome, RCIC
Regulated Canadian Immigration Consultant
roxanne @ joincanada.com
www.joincanada.com

Immigration Issues

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Roxanne Jessome

Expertise

I can answer questions pertaining to Canadian Immigration laws, policies and procedures as well as Canadian citizenship.

Experience

I am a Regulated Canadian Immigration Consultant specializing in the areas of family classes (spousal sponsorships, parents and grandparents), economic classes (federal skilled worker, provincial nominees, Canada experience class), and temporary entry (temporary foreign workers, visitors) and permanent residency obligations and citizenship requirements.

Organizations
Immigration Consultants Regulatory Council of Canada Canadian Association of Professional Immigration Consultants

Education/Credentials
Graduate of the University of British Columbia, Certificate in Immigration Laws, Policies and Procedures.

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