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Is it possible that restoration of status as a worker if my husband has his own company?

Jun 12, 2023
16
1
Hi! My husband established the company while his work permit was valid. But now his work permit is expired, can he restore his status as a worker or a visitor?

Thank you.
 

Naturgrl

VIP Member
Apr 5, 2020
44,947
9,524
Hi! My husband established the company while his work permit was valid. But now his work permit is expired, can he restore his status as a worker or a visitor?

Thank you.
As a visitor, if eligible but he cannot work for the company. He has to have his employees manage the company for him. Establishing a company in Canada gives no benefits. He should move company to home country.
 

scylla

VIP Member
Jun 8, 2010
95,873
22,121
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi! My husband established the company while his work permit was valid. But now his work permit is expired, can he restore his status as a worker or a visitor?

Thank you.
He can restore his status to visitor (provided the work permit expired less than 90 days ago) but this will not allow him to work.

Restoring to worker status is only possible if he's obtained an approved LMIA. Has he done that?
 
Jun 12, 2023
16
1
He can restore his status to visitor (provided the work permit expired less than 90 days ago) but this will not allow him to work.

Restoring to worker status is only possible if he's obtained an approved LMIA. Has he done that?
Regarding LMIA, he hasn't done that. The issue is that i'm a permanent resident, i'm about to sponsor him but we are waiting for our marriage certificate and i am now pregnant. so my plan is to restore his status as a visitor to make him to stay in Canada legally and we wait until we get all required documents for the spouse sponsorship and apply for open work permit. Does it make sense?
 

Naturgrl

VIP Member
Apr 5, 2020
44,947
9,524
Regarding LMIA, he hasn't done that. The issue is that i'm a permanent resident, i'm about to sponsor him but we are waiting for our marriage certificate and i am now pregnant. so my plan is to restore his status as a visitor to make him to stay in Canada legally and we wait until we get all required documents for the spouse sponsorship and apply for open work permit. Does it make sense?
He can change status to visitor and once he has AOR then apply for open work permit. He cannot work until then.
 

scylla

VIP Member
Jun 8, 2010
95,873
22,121
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Regarding LMIA, he hasn't done that. The issue is that i'm a permanent resident, i'm about to sponsor him but we are waiting for our marriage certificate and i am now pregnant. so my plan is to restore his status as a visitor to make him to stay in Canada legally and we wait until we get all required documents for the spouse sponsorship and apply for open work permit. Does it make sense?
Yes, that makes sense. He should apply to restore his status as soon as possible to visitor. Assume he lost status less than 90 days ago.