Advice on Restoration of Status

[sooze]

Hello Can Anyone Help(very Confused here)

Waiting on decision regarding LMO also waiting on decision regarding Restoration of Status. Can immigration ask us to leave before we have a decision from HRSDC, and is it true that they only give you 30 days in which to leave.


We have been in Canada 3yrs on TWP's (new LMO decilined Nov 07)
re-applied Jan 08) still waiting

So any info would be truly appreciated Thanks Sooze

 

[PMM]

Hi

Hello Can Anyone Help(very Confused here)

Waiting on decision regarding LMO also waiting on decision regarding Restoration of Status. Can immigration ask us to leave before we have a decision from HRSDC, and is it true that they only give you 30 days in which to leave.


We have been in Canada 3yrs on TWP's (new LMO decilined Nov 07)
re-applied Jan 08) still waiting

So any info would be truly appreciated Thanks Sooze

If CIC refuses restoration of status, you time in Canada is over and you have to leave.

PMM

 

[smp12]

Hello,

I have a bit of a tricky question, i have applied for my PR under CEC but have not yet received an AOR; since my working permit expired on October 25th, i decided to apply for an OBWP while waiting for my AOR as i have a very positive feeling about since ive been here for ten years now.

I recently received an answer from CIC saying that my application for OBWP has been refused; would it be possible to apply for a restoration of status once i have received a positive AOR? And if so, do i have to stay in Canada until then and then wait in Canada until i receive an answer? Or is there any other option?

Im also trying to see if my employer will be able to apply for a LMO for me, however im not sure if under NOC code B -621 this is possible, and if it is what the requirements are, as they have ask me to take care of it myself... anyone has any suggestions?

Also, since my status has nice now expired, as a European is it possible for me to stay in Canada for a while or do i need to leave right away?

Thanks in advance for the help

 

[scylla]

You no longer qualify to apply for an BOWP since your work permit has expired. One of the requirements to have a BOWP approved is a valid work permit.

Getting AOR for your CEC application won't allow you to get a work permit again. If you want to be able to work again, your employer needs to obtain an approved LMIA and then you need to apply for a closed work permit.

Without an approved LMIA your only option for remaining in Canada while your CEC application is being processed is to apply to restore your status and change your status to visitor. Naturally you won't be allowed to work as a visitor in Canada. (In fact you should have already stopped working on October 25th.) If you decide to pursue an LMIA with your employer, you should expect this process to take a number of month (longer than the 90 restoration period allowed). So either way, if you want to remain in Canada, you should apply to restore your status now and apply to change your status to visitor.

 

[smp12]

I already stopped working on the 30th as i was under implied status until i received the letter refusing me a new working permit on that day.
About how long does it take for the new LMIA to be process? I guess at this point that would be my only option, other than leaving and coming back once i have my PR. Also applying for a restoration of status and paying $300 to become a visitor when i can go to the boarder of Canada and get a free visitors visa doesn't make much sense to me...

thanks for the advice !

 

[scylla]

For the LMIA your employer will first have to advertise the job for a month. Then processing times for the application are anywhere from 6 to more than 16 weeks. It seems to be taking on the longer end of things for most applications these days. So I would plan for three months at an absolute minimum - quite possibly more. Your employer is also going to have to pay a $1K processing fee.

You can certainly leave Canada and then try to re-enter as a tourist. Note that you'll actually have to leave Canada (i.e. physically enter the US) since you no longer have status in Canada. You can't just flagpole. Note that you will be assessed as a visitor to Canada when you re-enter and there is always some chance you may be told you can't come back in. It's usually a bit safer to apply from within Canada rather than doing a border run. Having said that, a border run will certainly save you money. Your call.