Work permit and visitor record

[BA12]

I have a friend who is here on Visitor visa and has applied for a work permit from within Canada based on the Public policy allowing visitors to apply for work permits

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/visitor-work-permits.html

While the application for Work permit is in process now, his visitor visa expires in 10 days.

1. We know that he needs to stay in Canada till the decision is made on Work permit application but the question is that can he apply for a visitor record right now? If his application gets refused he would atleast have an maintained status as a visitor till the decision is made on visitor record application?

2. Or incase the work permit application is refused, should he then apply for a restoration of visitor status given he is still in the90-days period at that point?

3. Would putting in two applications, an existing one for work permit and another for a visitor record be a good decision or should we go in for restoration of visitor status after his work permit application is refused, if it is.

 

[Naturgrl]

I have a friend who is here on Visitor visa and has applied for a work permit from within Canada based on the Public policy allowing visitors to apply for work permits

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/work-permit/visitor-work-permits.html

While the application for Work permit is in process now, his visitor visa expires in 10 days.

1. We know that he needs to stay in Canada till the decision is made on Work permit application but the question is that can he apply for a visitor record right now? If his application gets refused he would atleast have an maintained status as a visitor till the decision is made on visitor record application?

2. Or incase the work permit application is refused, should he then apply for a restoration of visitor status given he is still in the90-days period at that point?

3. Would putting in two applications, an existing one for work permit and another for a visitor record be a good decision or should we go in for restoration of visitor status after his work permit application is refused, if it is.

1. Apply for visitor record now. Will have maintained status.
2. He will have status if visitor record is approved even if WP is refused.
3. If LMIA with WP is approved then status is worker.

When did friend apply for WP with LMIA? When was LMIA issued? What is NOC?

 

[BA12]

Thank you so much for your reply!

But if we apply for visitor record, is it okay to have two applications in process?

He applied for work permit on 13th June
His visitor visa as in the authorised stay period of 6 months ends on July 3rd
We don't know the Noc code but the job is in agriculture domain and don't know the issue date of LMIA. Please advise, thanks

 

[Naturgrl]

Thank you so much for your reply!

But if we apply for visitor record, is it okay to have two applications in process?

He applied for work permit on 13th June
His visitor visa as in the authorised stay period of 6 months ends on July 3rd
We don't know the Noc code but the job is in agriculture domain and don't know the issue date of LMIA. Please advise, thanks

So he needs to maintain status in Canada so can have two applications under process. Processing for WP is around 100 days. Issue date of LMIA is important.

https://www.canada.ca/en/employment-social-development/services/foreign-workers/lmia-expiry.html

 

[BA12]

Okay thank you,

Just wanted to understand, since the work permit is in process would that give him sufficient reason to stay? and leave the country if it is refused? This is if he does not apply for visitor record or is it a mandate to apply get a visitor record in such cases?

 

[Naturgrl]

Okay thank you,

Just wanted to understand, since the work permit is in process would that give him sufficient reason to stay? and leave the country if it is refused? This is if he does not apply for visitor record or is it a mandate to apply get a visitor record in such cases?

He must apply for a visitor record if staying or he loses status in Canada. WP may not be processed without status in Canada. If he is planning to leave within 10 days then no need for visitor record.

 

[BA12]

Oh okay, understood. Thank you so much for your response Have a great day!