Work Permit Restoration

[sreenathvs]

Hi guys,

I am currently in Canada on work permit. My wife is sponsoring me(outland application). We applied for sponsorship last month to New Delhi visa office. Yesterday we got the file number. So I assume it will take around 8-12 months for the approval. But my main problem is my work permit is expiring on December 2015. So what should I do now? What is my best option to stay in Canada? Can i apply for work permit restoration with the file number? What are all the chances for me to stay in canada as a worker till I get the approval for my PR?


Thanks in advance.

 

[scylla]

No - you can't apply to extend your work permit with the outland application file number. Having an outland application in progress does not qualify you to apply for a work permit extension. You need a full time job offer and an approved LMIA from your employer in order to extend your work permit. If you cannot secure a job offer and approved LMIA, then you would have to apply to change your status to visitor and stop working once your work permit expires.

 

[sreenathvs]

I came here in student visa for 1 year program. I got only one year work permit. So I heard from some people that if you only got a one year work permit, there are chances that cic might extend your work permit if you apply for work permit restoration. Is there anything like that?

 

[scylla]

I came here in student visa for 1 year program. I got only one year work permit. So I heard from some people that if you only got a one year work permit, there are chances that cic might extend your work permit if you apply for work permit restoration. Is there anything like that?

No - there is nothing like that. Since you took a 1 year program you only qualify for a 1 year work permit. Again, your only option for extending your work permit before you get PR are to secure a full time job offer and an approved LMIA. If your work permit expires and you have to apply for restoration, you once again can only restore your work permit with a full time job offer and approved LMIA.

 

[sreenathvs]

Thank you so much scylla for your kind reply. I am searching for LMIA jobs currenlty, but they are asking too much money.Don't have that much money now.

I might extend my stay as a visitor, that is the option I am thinking about now. After all its a matter about 3 or 4 months.
And one lawyer told me to just apply for a work permit restoration. To get a rejection from cic it will take 3 months. In those 3 months I can work. IS that right?

 

[atulmaini]

Incomplete applications for extension of work permit i.e without LIMA job will take only a week.

 

[screech339]

Thank you so much scylla for your kind reply. I am searching for LMIA jobs currenlty, but they are asking too much money.Don't have that much money now.

I might extend my stay as a visitor, that is the option I am thinking about now. After all its a matter about 3 or 4 months.
And one lawyer told me to just apply for a work permit restoration. To get a rejection from cic it will take 3 months. In those 3 months I can work. IS that right?

Actually I think the lawyer is incorrect to say "work permit restoration". When you apply for status of restoration, it will be granted visitor's status once restored, regardless of what permit status you had when it expired.

 

[scylla]

And one lawyer told me to just apply for a work permit restoration. To get a rejection from cic it will take 3 months. In those 3 months I can work. IS that right?

No - 100% wrong.

The lawyer who told you to apply for "restoration" is an idiot. To apply for restoration you first have to let your work permit expire. Once your work permit has expired - you are out of status and must apply for restoration within 90 days of your work permit expiring to get yourself back in status. However you also have to stop working as soon as your work permit expires and cannot legally work while the restoration application is being processed.

 

[screech339]

as mentioned above.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

Continue to work or study

Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

Your lawyer need to brush up on his/her CIC rules.

 

[sreenathvs]

I know the lawyer was not so good. That is why I posted here.Thank you so much guys for the help.

I think the best option for me is to apply for visitor status. And I can manage for 3 or 4 months rather than spending thousands of dollars for an LMIA.

 

[Majromax]

And I can manage for 3 or 4 months rather than spending thousands of dollars for an LMIA.

The LMIA is not something that you apply for, it is something that your prospective employer would apply for. That is their authorization to hire a foreign worker, whether or not it happens to be you.

 

[danny87]

if you really need to keep working and want to stay in Canada anyway, withdraw your outland application and file an inland application with an open work permit application both at the same time to Mississauga. Processing time is a lot longer and you should not leave Canada during processing, but you wouldn't need an LMIA and besides that it's an open work permit, so no employer restrictions. Also it would be valid for 2 years after the date of issue of the permit or until the expiry date of your passport. If the latter is the case, renew your passport first.

It's the only option I can think of that allows you to keep working for the next few years without LMIA and will eventually get you permanent residency and keeps you and your spouse together during the process.

Keep in mind that the open work permit pilot could be discontinued somewhere in December. So you have limited time to make this happen if you think it's the way to go.

Pros of inland (from my personal experience):
- You can get an LMIA-exempt work permit in 2-4 months after applying and keep working for two years and really settle in, get to know Canada, it's people and culture better and gain more full time work experience that will allow you to eventually apply for PR in other categories in case your spousal sponsorship PR application gets refused/rejected for some reason, like the Canadian Experience Class. If you do get approved, you're already settled and good to go!
- You can stay in Canada with your spouse, you will not be separated for the duration of the process, which to me is the most important.

Cons of inland (from my personal experience):
- Re-entering Canada with travel is really risky, since the CBSA border agent could refuse you for whatever reason. If that happens your entire application will be rejected and you would have to start over from scratch including the fees. Therefore it's best not to leave Canada for the duration of the process. On the other hand, this will give you the opportunity (and kind of forces you when you take a holiday) to travel within this huge country and discover it's diversity.
- The process takes a lot longer than an outland application for god knows what stupid reason.

Good luck!

 

[sreenathvs]

Thank you so much for the detailed information. I am going with outland anyways. I might have to stay without a job for 3 months or so. But after that I can start my life again.

 

[Preetvir]

Hello,
I have some concerns in regards to my situation.
I am a bc pnp nominee and my federal file (NON EXPRESS ENTRY) has been submitted and i have been already been asked to submit landing fees. My work permit expired on sep. 2017 and i applied one month ahead of expiration however it got rejected as i missed paying $100.00 fees.
I got migration consultant to ile restoration application where he made me pay $200.00 (restoration application)+ $155.00 (work permit application) +$100.00 ((open work permit fees)
My work permit before was open work permit and had no restrictions on my permit or nomination certificate.

Do u think my lawyer has done right thing as lately i am hearing about this compliance fees. Kindly help any type of suggestions/input are helpful as very stressed right now and dont know what to do

 

[scylla]

Hello,
I have some concerns in regards to my situation.
I am a bc pnp nominee and my federal file (NON EXPRESS ENTRY) has been submitted and i have been already been asked to submit landing fees. My work permit expired on sep. 2017 and i applied one month ahead of expiration however it got rejected as i missed paying $100.00 fees.
I got migration consultant to ile restoration application where he made me pay $200.00 (restoration application)+ $155.00 (work permit application) +$100.00 ((open work permit fees)
My work permit before was open work permit and had no restrictions on my permit or nomination certificate.

Do u think my lawyer has done right thing as lately i am hearing about this compliance fees. Kindly help any type of suggestions/input are helpful as very stressed right now and dont know what to do

You need to post your question to the Provincial Nomination section of the forum.