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Blocked in a strange situation

AlexSBT

Star Member
Jul 29, 2019
138
33
Ok, this is the point.

I had a visa expired in January.
At the last moment i found a job where the employer said that he could sponsor me without any problems. Perfect.

I went to a lawyer and first thing we needed the time to do it because my visa was practically expired. So we did the classic extension, you know that they'll refuse it but in the meantime you are in implied status and that give you the time to do the actual paperwork.

In my case i could do the "pnp tech pilot", my lawyer said that it was the best way because it requires only 1 month (vs the normal sponsor with 2-3 months).
When we were ready with all the documents the covid situations happened.
At the end of march i received the invitation to apply but this is the point.

Now my employer has less people then before and we don't have the minimum number of employees necessary for a company to sponsor someone.
I'm still regularly working for him but the majority of people are under EI. My employer was very clear that it's only temporary and in 2-3 months he'll take everyone back.
But my lawyer is saying that we can't technically apply now because there are not the correct number of people and if the immigration will call my office and found out that there are less people they can refuse the application. It's a risk.

BUT, and this is what i'm trying to understand, in one max two months i'll receive the (negative) response for the extension and at that point it will not be a risk, it will be certainty that i'll have to leave the country. I won't be able to work.

So i have 2 options here:
-apply now hoping that they'll understand the employees situation
-wait and probably finish my time with the implied status before i can apply with the correct number of employees.

And i don't like the fact that i was legally ok with everything but now seems that i'm risking everything because a time-technicality for the covid-situation.

So what i would like to know is this. The immigration will be strict with the number of employees rule or given the situation i can apply because probably they'll understand?
I know that there's not an answer for that but maybe some of you was in a similar situation.

Thank you
 

scylla

VIP Member
Jun 8, 2010
97,010
22,939
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ok, this is the point.

I had a visa expired in January.
At the last moment i found a job where the employer said that he could sponsor me without any problems. Perfect.

I went to a lawyer and first thing we needed the time to do it because my visa was practically expired. So we did the classic extension, you know that they'll refuse it but in the meantime you are in implied status and that give you the time to do the actual paperwork.

In my case i could do the "pnp tech pilot", my lawyer said that it was the best way because it requires only 1 month (vs the normal sponsor with 2-3 months).
When we were ready with all the documents the covid situations happened.
At the end of march i received the invitation to apply but this is the point.

Now my employer has less people then before and we don't have the minimum number of employees necessary for a company to sponsor someone.
I'm still regularly working for him but the majority of people are under EI. My employer was very clear that it's only temporary and in 2-3 months he'll take everyone back.
But my lawyer is saying that we can't technically apply now because there are not the correct number of people and if the immigration will call my office and found out that there are less people they can refuse the application. It's a risk.

BUT, and this is what i'm trying to understand, in one max two months i'll receive the (negative) response for the extension and at that point it will not be a risk, it will be certainty that i'll have to leave the country. I won't be able to work.

So i have 2 options here:
-apply now hoping that they'll understand the employees situation
-wait and probably finish my time with the implied status before i can apply with the correct number of employees.

And i don't like the fact that i was legally ok with everything but now seems that i'm risking everything because a time-technicality for the covid-situation.

So what i would like to know is this. The immigration will be strict with the number of employees rule or given the situation i can apply because probably they'll understand?
I know that there's not an answer for that but maybe some of you was in a similar situation.

Thank you
To the best of my knowledge, if there is a requirement around the number of employees, it's typically not flexible. A good immigration lawyer will be in the best position to comment.

I'm assuming you realize that once the work permit extension is refused, you'll most likely lose status in Canada effective the date your original work permit expired and will need to apply to restore your status (during which time you of course will not be able to work). This process can easily take several months - I would especially plan for that now due to covid-19 and slower processing times.
 

AlexSBT

Star Member
Jul 29, 2019
138
33
To the best of my knowledge, if there is a requirement around the number of employees, it's typically not flexible. A good immigration lawyer will be in the best position to comment.

I'm assuming you realize that once the work permit extension is refused, you'll most likely lose status in Canada effective the date your original work permit expired and will need to apply to restore your status (during which time you of course will not be able to work). This process can easily take several months - I would especially plan for that now due to covid-19 and slower processing times.
Yes exactly. If i wait for the correct number of employees it will be too late. And if i will need several months for restoring the status it will be useless (because in the meantime i could loose my job).
And technically i can't apply now cause the virus.

So this is means that i'll lose my job (and the residence) only for a time-technicality for the virus. Seems crazy to me.
If i had applied a couple of weeks earlier i could have done everything (because at that time my company still had everyone).

Is it possible that at the immigration anyone is considering this kind of situation?
 

scylla

VIP Member
Jun 8, 2010
97,010
22,939
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010