Work Permit Restoration

[stoneway]

Hi
I am a spouse of international student. I had a work permit. My spouse changed school and the new school is not qualified for spouse work permit. She applied for study permit extension and got approved. I applied for a work permit and got refused (because the new school does not qualify) and I lost my status.

- I have a PR application under processing. I called CIC they said bridging option is not valid now because you lost your status already.
- I asked them what if my spouse change school to a qualified school? they said, after getting admitted, spouse has to go online and change the institution number then you might apply.

Do you have another advice for me in order to restore my work permit?

Thanks

 

[scylla]

Your options are very limited. You do not qualify for a bridging open work permit since you must be holding a valid work permit at the time you apply.

If your spouse switches schools, it may be possible to restore your status to a work permit. However that will largely depend on how much time has passed since your last work permit expired / extension was refused. Assuming you are still within the 90 days, I would recommend you apply to restore your status back to visitor now. This won't let you work but will get you back in status. Generally speaking, you must have valid status in Canada in order to apply for PR from within Canada. So remaining in Canada without status puts your PR application in jeopardy.

The only other option for restoring back to a work permit would be to secure a job offer and an approved LMIA from an employer. However this most likely isn't a feasible option given that LMIAs take many months to obtain and most employers aren't willing to go through the process.

 

[stoneway]

Your options are very limited. You do not qualify for a bridging open work permit since you must be holding a valid work permit at the time you apply.

If your spouse switches schools, it may be possible to restore your status to a work permit. However that will largely depend on how much time has passed since your last work permit expired / extension was refused. Assuming you are still within the 90 days, I would recommend you apply to restore your status back to visitor now. This won't let you work but will get you back in status. Generally speaking, you must have valid status in Canada in order to apply for PR from within Canada. So remaining in Canada without status puts your PR application in jeopardy.

The only other option for restoring back to a work permit would be to secure a job offer and an approved LMIA from an employer. However this most likely isn't a feasible option given that LMIAs take many months to obtain and most employers aren't willing to go through the process.

Thanks @scylla

1- My PR is in the Background Check processing. I passed the medical exam. As for the Eligibility, I met the eligibility but I have not passed the Eligibility yet.
2- I am still within the 90 days.

Q1: Can I restore my status back to Visitor? One told me that restoration has to be only to the previous lost status (i.e. Worker).

Q2: If my employer is welling to sponsor me and apply for new work permit for me, can I still apply at the same time for resoration to Visitor / Worker myself? So I have two applications at CIC: one submitted by employer and the other is submitted by me. Is that allowed?

 

[scylla]

Yes - you can restore back to visitor (you would be applying to change your status to visitor).

If your employer is willing to sponsor you, he needs to start by getting an approved LMIA. You cannot apply for a work permit until your employer has an approved LMIA. LMIAs typically take 4-6 months to obtain. So I don't see how restoring back to a work permit is feasible. Also, the employer would not submit the work permit application - you would. But again, you can't do that without having an approved LMIA first.

 

[stoneway]

Thanks @scylla
Q1: What if my employer is considering a LMIA exempt category? In that case, can I apply in parallel for a visitor?

Thanks

 

[scylla]

Thanks @scylla
Q1: What if my employer is considering a LMIA exempt category? In that case, can I apply in parallel for a visitor?

Thanks

I would not recommend submitting two applications. I would submit one. Either submit the restoration to visitor status or to work permit.

 

[Navin312]

I need urgent help on restoration. My consultant is condering applying visitor restoration and work permit restoration lmia exempt. Does anyone here knows if we can submit two application for restoration.
Thanks for your help.

 

[Patelankur3639]

I need urgent help on restoration. My consultant is condering applying visitor restoration and work permit restoration lmia exempt. Does anyone here knows if we can submit two application for restoration.
Thanks for your help.

Hi Navin,
Did you applied for both work permit and visitors visa during your restoration period? I have applied for work permit during my restoration but have not heard anything yet. My restoration (90 days) is about to expire soon. Should I apply for Visitor as well to keep my status active?

 

[scylla]

Hi Navin,
Did you applied for both work permit and visitors visa during your restoration period? I have applied for work permit during my restoration but have not heard anything yet. My restoration (90 days) is about to expire soon. Should I apply for Visitor as well to keep my status active?

Did you apply for restoration in addition to applying for the work permit?

 

[Navin312]

Hi I have applied only for work permit on restoration and i am still waiting for a response

 

[Navin312]

Hi patelankur did you get any response

Thanks

 

[Patelankur3639]

Hi

I do not get any updates for my workpermit so before 90 days I applied as visitor

 

[Navin312]

Ok your consultqnt applied it for you

 

[Patelankur3639]

I consult with consultant but applied my self

 

[Navin312]

Hi patel did you get any response about your visitor permit or work permit

Thanks