Hello!! I need a legal advice regarding my case. Here is my story. I used to be a temporary foreign worker my work permit expired December 4, 2014. My employer was not able to apply a new LMIA for me due to 20% cap during that time so what I did was to look for another employer who can sponsor an LMIA for me. By December 3,2014, I submitted an application for restoration. January 2015 my prospective employer applied for an LMIA for me and March 5, 2015 I received an email stating 3 months after my work permit expired I'm on implied status and I am only allowed to apply for restoration the following 3 months. By April 28, 2015 I submitted an application for restoration again and initial work permit I attached supporting documents from the LMIA application of my prospective employer. June 2015 my prospective employer received the result of LMIA application and it was refused reasons are he didn't follow the median wage in his application and the years of contract I think since the job is low skilled its supposed to be 1 year only and in the application he wrote 2 years. My prospective employer promised to do the second application so I decided to stay and wait again. I also prepared my supposed to be third application for restoration I'm just waiting for the supporting documents from the second application for my LMIA. Unfortunately, the second application for my LMIA was not done yet and I already received a letter by September 17, 2015 stating I lose status and need to leave Canada. I went home October 3, 2015.
Letter content:
Based on your application and accompanying documentation that you have provide, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act Regulations. Your application as requested is therefore refused.
[X] After considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 on the Immigration and Refugee Protection Regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.Your prospective employer is responsible for obtaining this confirmation.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection regulations.
[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
My questions are If I can get an LMIA now will this letter cause a refusal if I apply for a work permit? And, do I need to attach a letter explaining my situation before when I apply for a work permit? Thank you..
Letter content:
Based on your application and accompanying documentation that you have provide, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act Regulations. Your application as requested is therefore refused.
[X] After considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 on the Immigration and Refugee Protection Regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.Your prospective employer is responsible for obtaining this confirmation.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection regulations.
[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
My questions are If I can get an LMIA now will this letter cause a refusal if I apply for a work permit? And, do I need to attach a letter explaining my situation before when I apply for a work permit? Thank you..
