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
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