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Applying for CEC while on Restoration of Status

justtheme

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May 2, 2010
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Already in Canada
Quick question.

I lost my status after a long wait for an LMO (14 weeks!). The LMO was negative and my last day of implied status was Dec. 19, 2011.

I'm planning to apply for PR under Canadian Experience Class. If I fly back home before the 90 days allowed for restoration of status, would I be able to apply?

One of the conditions for PR is to not exceed the maximum period of stay in Canada. Apparently I violated that when my implied status ended...
 

imsamazing

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Aug 16, 2011
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justtheme said:
Quick question.

I lost my status after a long wait for an LMO (14 weeks!). The LMO was negative and my last day of implied status was Dec. 19, 2011.

I'm planning to apply for PR under Canadian Experience Class. If I fly back home before the 90 days allowed for restoration of status, would I be able to apply?

One of the conditions for PR is to not exceed the maximum period of stay in Canada. Apparently I violated that when my implied status ended...


hi. i am applying for a PR under CEC. I filed last july 2011 but need to submit my Police clearance from my home country (Police clearance submitted December 2011) My work permit according to the third party my employer cancelled my work permit last November 2011. I am currently in Canada and I am waiting for my LMO which was filed last November 2011. Do I need to have a valid work permit during the application of my PR under CEC? help please.
 

imsamazing

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Aug 16, 2011
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hi. i am applying for a PR under CEC. I filed last july 2011 but need to submit my Police clearance from my home country (Police clearance submitted December 2011) My work permit according to the third party my employer cancelled my work permit last November 2011. I am currently in Canada and I am waiting for my LMO which was filed last November 2011. Do I need to have a valid work permit during the application of my PR under CEC? help please.
 

jes_ON

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Jun 22, 2009
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For the CEC class, you either qualify at the time you apply, or you don't. There is no requirement that you remain in Canada during processing. So, no, there is no requirement that you keep a valid work permit during processing. However, as a general rule for all, if you are in Canada, you have to be authorized through a some type of emporary resident status (work permit, visitor's permit, study permit...).

I do not know what you mean by your employer cancelled your work permit - Employers do not issue work permits and cannot cancel them - only CIC does that. If you lost your job but your work permit has not yet expired, you may stay in Canada until it expires - but you cannot work for a new employer until you get a new LMO/Work Permit.

If your work permit has expired, that is a different matter. You have 90 days to apply to restore status and obtain a new work permit.
 

imsamazing

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Aug 16, 2011
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Hello jes. thanks for the info. The HR/Agency who process the work permit of my husband before inform us last november 2011 that they (with my employer) cancelled my work permit because my husband resigned last week of october. is it true that employer can not cancel work permit?
 

umairz

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imsamazing said:
Hello jes. thanks for the info. The HR/Agency who process the work permit of my husband before inform us last november 2011 that they (with my employer) cancelled my work permit because my husband resigned last week of october. is it true that employer can not cancel work permit?
Well, yes employers cannot cancel work permits but logic dictates since it was a closed work permit to that specific employer so what they can do is, once you resign they can inform citizenhip and immigration to let them know that the person does not work here. But it is possible that the work permit would be cancelled. But I am not sure about this one. Your best bet is to call 1-888-242-2100 and ask for clarification.
 

jes_ON

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imsamazing said:
Hello jes. thanks for the info. The HR/Agency who process the work permit of my husband before inform us last november 2011 that they (with my employer) cancelled my work permit because my husband resigned last week of october. is it true that employer can not cancel work permit?
Ok - so let's get this straight - you were on an open work permit on the basis of your husband's closed work permit. Your husband resigned in October. But you still haven't told us the expiration date on either work permit.

I honestly do not know what happens to a spouse's work permit - PMM?