Closed work permit expired

[eightbelles]

Hi guys ,
My boyfriends work permit expired waiting for a lmo , it was a fixed work permit for only that employer. The employer decided not to wait for the lmo to come back so they hired someone else. He has been living with me for 2 years. We are filling out the paper work now to sponsor him. anyway he found another employer thats willing to go through a lmo , my question is when he gets the positive lmo and contract from employer will canada let him back in the country since he over stayed his previous work permit? Hes a u.s citizen living with me. Also he didnt work with expired wp. Will he get in trouble at the canadian border when he reenters with lmo and contract?

 

[marsiangal]

There is such a thing as restoration of status.
read excerpts from CIC website below.

You can apply to restore your work permit in the first 90 days after it expires. If you do this, you can stay in Canada until you get further instructions, but you must stop working until you receive your restored work permit. There is no guarantee that your application will be approved.

Otherwise, you must leave Canada right away when your work permit expires. If you do not leave, you could be deported and will need permission from an immigration officer to come back.

To restore your work permit:

send an Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta,
on the form, say you are asking for your status to be restored and your work permit extended, and explain why you stayed in Canada longer than allowed, and
pay C$200 to for your status to be restored and C$150 for the work permit itself (for a total of C$350).


(Only if he get LMO within 90 days of his other work permit expiring and apply for a new work permit and restoration)
If he voluntarily leaves right now, and no record is stamped in his passport, he should be ok.

 

[amikety]

Hi guys ,
My boyfriends work permit expired waiting for a lmo , it was a fixed work permit for only that employer. The employer decided not to wait for the lmo to come back so they hired someone else. He has been living with me for 2 years. We are filling out the paper work now to sponsor him. anyway he found another employer thats willing to go through a lmo , my question is when he gets the positive lmo and contract from employer will canada let him back in the country since he over stayed his previous work permit? Hes a u.s citizen living with me. Also he didnt work with expired wp. Will he get in trouble at the canadian border when he reenters with lmo and contract?

Probably not. If you have already submitted the PR application, he can show that to the IO. If not, he shouldn't mention it because it conflicts with his temporary work permit (the part about leaving Canada when it's done - PR application means not leaving generally).

However, if he doesn't have status right now, that could be a problem. He needs to make sure he has status first.