In Canada Caregiver - WP and Visa arrive together?

[VermiciousKnish]

In Canada caregiver had work permit and visa expire. Applied with new LMIA for extension within the 90 days following the expiration. New Work permit app has been received and awaiting final approval. Will new visa arrive with the work permit or will that have to be applied for once new WP is approved?

 

[scylla]

In Canada caregiver had work permit and visa expire. Applied with new LMIA for extension within the 90 days following the expiration. New Work permit app has been received and awaiting final approval. Will new visa arrive with the work permit or will that have to be applied for once new WP is approved?

Your question is confusing. Is this person still in Canada?

The 90 days is the period someone has to restore their status after a visa/permit expires. Did they apply for restoration as well?

 

[VermiciousKnish]

Person is in Canada from the Philippines. After their work permit (LIC) and visa expired they applied for renewal, first got rejected because were told they needed a new LMIA. They re-applied and are waiting for new work permit. Now the 90 days have passed but they are still in Canada waiting for new work permit.

 

[scylla]

Yeah - I don't understand that. It feels like part of the story here is missing

If they were applying after the work permit and visa expired, they needed to apply to restore their status within 90 days of the work permit / visa expiring.

 

[VermiciousKnish]

They applied to restore status within the 90 days. They are now waiting for the work permit to arrive. In the meantime she would like to take a trip to the USA with their employer so that she can care for the kids. She would like to have a visa with her to do this so that there is no trouble upon her return.

 

[scylla]

She can't travel to the US right now. She has no status in Canada. She needs to wait for restoration to be approved and wait until she has valid status again. She cannot apply for a TRV right now either since she's out of status.

 

[VermiciousKnish]

To clarify, had she applied for a TRV while she still has status, she could have gotten one for 6 months and then get the new Visa for length of work permit with the new work permit?

 

[canuck_in_uk]

To clarify, had she applied for a TRV while she still has status, she could have gotten one for 6 months and then get the new Visa for length of work permit with the new work permit?

Regardless of the TRV, she can't leave Canada right now. She is currently in Canada illegally and has a good chance of being refused re-entry. She needs to wait for Restoration.

Also, if she is working for her employer now, she is working illegally.

 

[VermiciousKnish]

Yes, she is not technically working now. She is waiting for her work permit but still living with her employer. Will she have to apply for a new visa with the work permit or will that come automatically with it? Thanks for the feedback

 

[canuck_in_uk]

Yes, she is not technically working now. She is waiting for her work permit but still living with her employer. Will she have to apply for a new visa with the work permit or will that come automatically with it? Thanks for the feedback

Extremely hard to believe she is living with the employer and not working.

The TRV app is completely separate. And not automatic.

 

[VermiciousKnish]

Should I tell her to stop working then? She seems to be on very good terms and has not informed me that she would like to move out of their house while she waits.

 

[canuck_in_uk]

Should I tell her to stop working then? She seems to be on very good terms and has not informed me that she would like to move out of their house while she waits.

She is working illegally, so of course you should tell her to stop. If IRCC finds out, she can expect a refusal and to be told to leave Canada

 

[scylla]

To clarify, had she applied for a TRV while she still has status, she could have gotten one for 6 months and then get the new Visa for length of work permit with the new work permit?

I'll be honest. It's extremely difficult to answer questions without the full and accurate picture. You keep providing information piecemeal. And the information you've just provided above contradicts information provided earlier. I'd recommend that you sit down with her and get the full story in detail - then post it here as a chronology (i.e. list of dates and what happened on each of those dates). Only then will we be able to answer your questions accurately.

Having said that, based on the info you've provided so far, she certainly should not be working right now and should have stopped as soon as her work permit expired. Illegal work will put the approval of any new work permit in jeopardy and put her at risk of a six month illegal work ban from Canada. The fact she is on good terms with her employer is irrelevant - working for them (either paid or unpaid) is a violation of immigration law.

 

[VermiciousKnish]

I will tell her this. I just don't want her to have to leave the country on account of her employer and/or lawyer misadvising her and now she has no TRV and will not have one with her Work permit either. Her employer wanted her to travel with them on vacation.

 

[VermiciousKnish]

The information I got was that her Visa expired in July 2018 and then her work permit expired in August 2018. At that point they tried to apply for a new work permit but were denied because they were told they needed a new LMIA. They got a new LMIA and then applied for a new work permit all before the 90 day deadline. Now once they asked her to travel with them (not sure if this was a free vacation or that they expected her to help out with the kids on vacation but either way), she realized that it might be an issue since she has no visa to return. She said they asked a lawyer who told them that she can't apply for a visa yet (sounds like this may have been accurate) because she has to wait for her work permit first. They asked the lawyer again because she said she needed the visa in order to travel with the family on vacation and then finally the lawyer just said "he was too busy to help her and she should call back in mid-January".

In any case, I just wanted to know if she should be applying for a visa now (at least protect her in the meantime and let her travel) but it seems like since her status is gone, she can not apply now. I would also like to advise her on whether or not she needs to apply for a new visa once the work permit arrives or if that will come automatically with the new work permit.