Please help Urgent - Work permit expiring in 10 days

[joss]

I am asking on behalf of my friend. Her work permit for caregiver is expiring on Sept 30,
2019. She find a new employer , but her employer is going to file LMIA for caregiver in october end.
By that time her work permit will expire and she will be on 90 days grace period to restore her status.

Customer service agent at CIC told that if she apply for visitor visa before the expiry of her work permit,
she will be on visitor visa implied status. Then she cannot apply for work permit for caregiver in canada once she receives LMIA from her new employer. Please verify if this information is correct? or she will be on implied status for caregiver work permit?

She is worried just in case her employer's LMIA does not get approved on time( within 90 days) then it will be a big problem for her.

Should she change to student permit and if yes then how long does the processing takes for student permit ?
If in the middle of the processing she gets positive LMIA , can she apply for work permit for caregiver ?

Please reply to my queries. Hope someone can understand the urgency of the situation.

 

[canuck_in_uk]

I am asking on behalf of my friend. Her work permit for caregiver is expiring on Sept 30,
2019. She find a new employer , but her employer is going to file LMIA for caregiver in october end.
By that time her work permit will expire and she will be on 90 days grace period to restore her status.

Customer service agent at CIC told that if she apply for visitor visa before the expiry of her work permit,
she will be on visitor visa implied status. Then she cannot apply for work permit for caregiver in canada once she receives LMIA from her new employer. Please verify if this information is correct? or she will be on implied status for caregiver work permit?

She is worried just in case her employer's LMIA does not get approved on time( within 90 days) then it will be a big problem for her.

Should she change to student permit and if yes then how long does the processing takes for student permit ?
If in the middle of the processing she gets positive LMIA , can she apply for work permit for caregiver ?

Please reply to my queries. Hope someone can understand the urgency of the situation.

She needs to apply to change her status prior to her permit expiring. It would be really stupid to allow her status to expire when she doesn't need to. The 90 days isn't really a "grace period". She will be in Canada illegally as of Oct 1st if she doesn't do anything.

How exactly does she plan to apply for a study permit? She needs to actually be accepted to a school and show sufficient proof of funds.

She will not qualify for apply for a new work permit within Canada. She will have to apply to a visa office outside of Canada.

 

[joss]

I just verified with IRCC agent that during 90 day period she can apply for restoration of work permit if she finds new employer with positive LMIA.
In case she does not find employer, she can always apply for study permit in those 90 days.

Even this agent today said that if candidate applied for visitor visa and during the processing of visitor visa she will be on implied status and during that period she applies for work permit as caregiver with LMIA , she can do restoration of status.
Even if the visitor visa is refused , she will have 90 days to restore the status, it buys her more time.

I am not sure whom to trust , this immigration agent gives different information than the prior one.

 

[scylla]

I just verified with IRCC agent that during 90 day period she can apply for restoration of work permit if she finds new employer with positive LMIA.
In case she does not find employer, she can always apply for study permit in those 90 days.

Even this agent today said that if candidate applied for visitor visa and during the processing of visitor visa she will be on implied status and during that period she applies for work permit as caregiver with LMIA , she can do restoration of status.
Even if the visitor visa is refused , she will have 90 days to restore the status, it buys her more time.

I am not sure whom to trust , this immigration agent gives different information than the prior one.

As already said above, she should avoid going out of status and having to apply to restore her status.

 

[canuck_in_uk]

I just verified with IRCC agent that during 90 day period she can apply for restoration of work permit if she finds new employer with positive LMIA.
In case she does not find employer, she can always apply for study permit in those 90 days.

Even this agent today said that if candidate applied for visitor visa and during the processing of visitor visa she will be on implied status and during that period she applies for work permit as caregiver with LMIA , she can do restoration of status.
Even if the visitor visa is refused , she will have 90 days to restore the status, it buys her more time.

I am not sure whom to trust , this immigration agent gives different information than the prior one.

Only certain people qualify to apply for a work permit from within Canada. Whether she has applied for a visitor extension or not, she will not qualify. She will have to apply to an office outside of Canada.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=172&top=17

 

[joss]

Thanks for the response. I called again today to IRCC , the immigration agent told that she can apply for restoration of work permit within those 90 days. She is not illegal in those 90 days but she cannot work. 90 day period is gray area where nobody is clear .
He also send me email which says the she can apply for restoration of work permit with new employer or study permit within 90 days.

 

[21Goose]

Thanks for the response. I called again today to IRCC , the immigration agent told that she can apply for restoration of work permit within those 90 days. She is not illegal in those 90 days but she cannot work. 90 day period is gray area where nobody is clear .
He also send me email which says the she can apply for restoration of work permit with new employer or study permit within 90 days.

No, she is illegal in those 90 days. There is no gray area whatsoever. The law allows some time to try and get back in status, but don't think that she is legally in status after her documents expired.

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.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html