Hello,
my partner is being sponsored by his employer. We are currently awaiting whether the LMIA is positive or negative. Our current visa expires on September 7 (we are both on an open work permit from a Working Holiday Visa). Our lawyer proposed the following, among other options:
- My partner would apply for a new work permit while awaiting resolution of his LMIA, whereupon he would have a mantained status and we could continue working until the LMIA is positive, or we are rejected.
- I would apply for an Open Work Permit with my partner's common law, being the same scenario as above.
Hello,
my partner is being sponsored by his employer. We are currently awaiting whether the LMIA is positive or negative. Our current visa expires on September 7 (we are both on an open work permit from a Working Holiday Visa). Our lawyer proposed the following, among other options:
- My partner would apply for a new work permit while awaiting resolution of his LMIA, whereupon he would have a mantained status and we could continue working until the LMIA is positive, or we are rejected.
- I would apply for an Open Work Permit with my partner's common law, being the same scenario as above.
I believe your partner can apply to extend his work permit while waiting on LMIA. If the decision comes back negative (wp refusal) then he would be on maintained status (90 days)
so, my long story short:
I applied for an extension in November last year, at the same time my employer applied for a LMIA.
In February 2024, I received a letter that the extension got refused as the LMIA hadn’t been approved. In May, we finally got the LMIA, but since my implied status was expiring (you have 90 days to be legally in country-without working) we had to apply for restoration of status and a new work permit after we received the LMIA approval.
So I finally received the new work permit by August. But was basically not allowed to work from February until August.
I would suggest that if you receive the extension refusal before the LMIA approval, ask your bank for a loan as you will be stuck in the country without permission to legally work.
Hope this helps!