URGENT- OUT OF status

[sofiasofia]

Need help for friend!!!!!

Husband is out of status as his spouse open work permit got expired. Didn’t apply for any implied status.
His wife is on implied status with LMIA number but positive LMIA didn’t get back with wife’s name on it.
Don’t know when wife’s approved LMIA will come back with her name on it.

Husband and wife both very stressed..

what should husband do in this case ?
1. Wait for wife’s name approval and work permit approval ( husband’s 90 days are expiring in a month

2. should apply for restoration of status as visitor for husband for now and when wife get her permit , apply for 2nd restoration of status as worker?

can he apply for 2 restorations? Any negative affect ? Does he need to cancel his restoration of visitor application if he is going to apply for restoration of status as worker?

 

[Naturgrl]

Need help for friend!!!!!

Husband is out of status as his spouse open work permit got expired. Didn’t apply for any implied status.
His wife is on implied status with LMIA number but positive LMIA didn’t get back with wife’s name on it.
Don’t know when wife’s approved LMIA will come back with her name on it.

Husband and wife both very stressed..

what should husband do in this case ?
1. Wait for wife’s name approval and work permit approval ( husband’s 90 days are expiring in a month

2. should apply for restoration of status as visitor for husband for now and when wife get her permit , apply for 2nd restoration of status as worker?

can he apply for 2 restorations? Any negative affect ? Does he need to cancel his restoration of visitor application if he is going to apply for restoration of status as worker?

When was LMIA applicaiton submitted because March LMIAs are being processed. Change status to visitor since it is unlikely to come iin a month. He cannot work until his WP is approved which could be for 6+ months if spouse gets LMIA approval within the next few weeks.

 

[canuck78]

When was LMIA applicaiton submitted because March LMIAs are being processed. Change status to visitor since it is unlikely to come iin a month. He cannot work until his WP is approved which could be for 6+ months if spouse gets LMIA approval within the next few weeks.

He’ll need to restore his status first which I assume you meant but just for clarification.

 

[canuck78]

Need help for friend!!!!!

Husband is out of status as his spouse open work permit got expired. Didn’t apply for any implied status.
His wife is on implied status with LMIA number but positive LMIA didn’t get back with wife’s name on it.
Don’t know when wife’s approved LMIA will come back with her name on it.

Husband and wife both very stressed..

what should husband do in this case ?
1. Wait for wife’s name approval and work permit approval ( husband’s 90 days are expiring in a month

2. should apply for restoration of status as visitor for husband for now and when wife get her permit , apply for 2nd restoration of status as worker?

can he apply for 2 restorations? Any negative affect ? Does he need to cancel his restoration of visitor application if he is going to apply for restoration of status as worker?

You keep on mentioning your wife’s LMIA but LMIA’s are tied to the employer not the person. Is her current employer applying for the LMIA? If the employer has an LMIA and she has applied for a WP not sure what LMIA you are waiting for.

The spouse can not apply for a 2nd restoration and you can’t restore to a WP. You restore your status to remain legally in Canada but as a visitor.

 

[sofiasofia]

When was LMIA applicaiton submitted because March LMIAs are being processed. Change status to visitor since it is unlikely to come iin a month. He cannot work until his WP is approved which could be for 6+ months if spouse gets LMIA approval within the next few weeks.

Employer had pre approved LMIA. They sent it to service Canada to put wife’s name on it in mid October which hasn’t been done yet. If husband restore his status to visitor, will it cause any problem to him to obtain spouse based open work permit in future ?

 

[sofiasofia]

You keep on mentioning your wife’s LMIA but LMIA’s are tied to the employer not the person. Is her current employer applying for the LMIA? If the employer has an LMIA and she has applied for a WP not sure what LMIA you are waiting for.

The spouse can not apply for a 2nd restoration and you can’t restore to a WP. You restore your status to remain legally in Canada but as a visitor.

She applied for work permit on the basis of pre approved LMIA. request to add Wife’s name on LMIa is sent to service Canada which hasn’t been done yet(2 months been passed, usually take 10 business days). That’s what they have been waiting on.
If husband restore his status to visitor now, will it cause any problem in future to obtain his spousal based open work permit ?
best case scenario is if she get her LMIA back with her name. Husband can restore his status back to worker on the basis of his wife’s approved LMIA with a name on it.

 

[Naturgrl]

She applied for work permit on the basis of pre approved LMIA. request to add Wife’s name on LMIa is sent to service Canada which hasn’t been done yet(2 months been passed, usually take 10 business days). That’s what they have been waiting on.
If husband restore his status to visitor now, will it cause any problem in future to obtain his spousal based open work permit ?
best case scenario is if she get her LMIA back with her name. Husband can restore his status back to worker on the basis of his wife’s approved LMIA with a name on it.

He can restore status, and then apply for SOWP. He cannot work until it is approved.

 

[sofiasofia]

He can restore status, and then apply for SOWP. He cannot work until it is approved.

Both restoration and sopw will be done at the same time, I assume.
should we restore Husabnd status as visitor until wife’s work permit comes?
OR
Do we restore husband status as worker sopw on the basis of his wife’s LMIa number

 

[sofiasofia]

Can someone reply to this please and thank hou

 

[canuck78]

Both restoration and sopw will be done at the same time, I assume.
should we restore Husabnd status as visitor until wife’s work permit comes?
OR
Do we restore husband status as worker sopw on the basis of his wife’s LMIa number

He doesn’t qualify for SOWP so can only apply to restore status to visitor.