BTW, my employer applied on October 3rd for LMIA, although the current processing time is 57 days, I'm not sure how accurate these timelines are. My 57 days will be up around November 2nd.
Work Permit Rejected - I'm worried
- Thread starter track002
- Start date
It is a really bad ideal to flagpole if you are out of status. So no, this is absolutely not recommended in your situation.
On what basis do you qualify for a work permit without an LMIA? You need a job offer and LMIA to qualify for a work permit.
My employer is ready to do whatever it takes to keep me in the company as they do not want to spend another 6 months interviewing and training, they said that sponsoring me costs less than finding and spending resources on training plus hiring. Will that help me?
But having a US visa will not allow you entry to Canada if you are out of status. Do you have a valid TRV? I wouldn’t leave Canada. Once you have an approved LMIA, then you can apply for a closed work permit. That will take 4-5 months once you have an approved LMIA. Again you don’t want to flagpole if you have implied status.
If employer doesn’t have LMIA they have to prove that they have posted the job and no one qualified applied. How long have you been working for them?
Not immediately. You need to stop working now and restore your status to visitor.
Your employer needs to obtain an approved LMIA. If they do this, you can then apply for a closed work permit.
I do have a valid TRV (Visitor's Sticker with multiple entries). Yes, they've already interviewed for 2 months thru Job Bank, LinkedIn and Indeed. Usually interviewing process lasts for about 4 to 6 months to finalise a successful candidate in my company, 2 months or a month was too short to get any qualified candidates let alone a qualified citizen or pr holder. This will be my 5th year with them.
Yes, I've already informed my employer, they're pretty pissed. They're frustrated as they're already losing a resource to maternity leave and now me at the peak of deadlines. This refusal is very unfair to the employer.
Well you cannot work for them until they have an approved LMIA and a closed work permit. They need to look at the LMIA process. Honestly given that fact that you are without status leaving Canada and trying to re-enter as a visitor could backfire. You are not a visitor but wanting to work.
But I need at least some time to pack everything up and leave. I literally just put up my Christmas Tree to add to the extra work, and my furniture. Isn't there a way to take a couple of weeks to wind up my chapter in Canada and then leave without having to pay 500 dollars towards restoration application?
You should either apply to restore your status to visitor very soon or plan to leave Canada within 30 days.
To be honest, none of this should be coming as a surprise to you. You were given information on this forum over a month ago that you applied for the OWP without qualifying and will be refused.
Correct! The only surprise is the restoration. I'm not sure why I'm asked to restore when I clearly don't qualify for anything. I can leave the country but need 2 weeks to pack everything up. The letter seems to be contradicting the restoration and request to immediately leave the country otherwise. I'd like to take 2 weeks, pack things up and leave the country without have to worrying about restoration. I'm only not sure how bad it is to be in this country illegally for the next 2 weeks until I leave.