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Work permit about to expire.

InCanada

Hi,

I have a bit of a problem so hopefully someone hear can offer some advice. Im Irish and have been working in Ontario for two years now. I have no visa or work permit in place for another year so I approached my company a few months ago and they agreed to apply for an LMO for me. The problem is the LMO application still hasn’t been sent in yet and my current work permit is up in 2 weeks. I’ve called and left messages at the embassy, immigration experts etc. the last couple of days but have no replies yet.

Can anyone tell me what my options are? Am I eligible for a 90 day extension?

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bstar

If your work haven't sent the LMO application in yet you wouldn't be eligible for an extension. You can only get an extension if you are waiting on the work permit coming through but to apply for the work permit you need the LMO. You can apply to stay as a visitor while its going through but you would have to quit work when your current permit expires in 2 weeks. This is from experience as we are currently on visitor status while waiting on ours coming through but ours went in over 8 weeks ago so we should hear soon.

Have your work even re-advertised the job yet as it has to be advertised for a min of 2 weeks to put the application in.

InCanada

The job has been advertised and was up for well over a month. As far as I know they just need to complete the paperwork.
Is there an extension that can be applied for if your waiting for an LMO?

bstar

No there isn't one for the LMO application at all. Sorry. If they have had an LMO issued in the past 2 years they may qualify for an accelerated lmo which only takes up to 10days to issue.

trojanshorse

You need to apply for an extension of your saty in canada but you wont be able to work. Your company needs to have an LMO accepted and then you need to apply for a change of work permit. You can stay in the country for about 3 months while you company gets the LMO. I applied for my work permit before my visa expired and i have a 90 day extension to my previous permit while the application gets done. So, you can stay but cant work........legally.

bstar

trojanshorse wrote: »

You need to apply for an extension of your saty in canada but you wont be able to work. Your company needs to have an LMO accepted and then you need to apply for a change of work permit. You can stay in the country for about 3 months while you company gets the LMO. I applied for my work permit before my visa expired and i have a 90 day extension to my previous permit while the application gets done. So, you can stay but cant work........legally.

The company having applied for LMO already (or not as on your case) makes no difference, You can get an extension once the work permit application is in but not LMO. Also it is not a set 90 days, they can grant any length of extension from a month to even 6 or 7. You have to provide details of funds to stay and that helps them decide. But to get and extension or valid implied status you have to have applied 30 days before your permit expires. It used to be as long as you applied the day before expiration you were fine but they changed it to 30 days.

Also I don't recommend working illegally as if they find out they can refuse you entry for the rest of your life and deport you. They are even revoking citizenship and PR at the moment for people who have lied on their applications.

trojanshorse

Well, you need an LMO number as part of the application for the TWP temp workers permit and THEN your on whats called implied status, which allows you to continue to work under your current visa (working holiday visa) provided you apply before it expires. Thats under the new TMP rules. The usual foriegn workers visa cannot be extended at all. You must apply for a totally new type permit (TWP). Which often requires your employer to sponsor you which is where the LMO comes in. At least thats in my case anyway...

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