EXPIRED WORK PERMIT AND WAITING FOR NEW LMIA

[DiegoG]

I have been reading a lot online about status extensions, status restorations, change of status, etc. and I only got very confused. I am currently in between jobs in Vancouver, BC, and I have a job offer from an employer.

My work permit from a previous employer expired a week ago (Feb 26) and now I am waiting for a new LMIA that got filed from my future employer a couple of days after my work permit expired (March 1).

At the moment I am waiting for the new LMIA, then if it goes through, I will go to the border to flagpole and get my work permit. Do I need to restore my status while I wait for the LMIA? Will my LMIA be approved without problems or might I run into problems because of it? Will I have to wait a few months to restore my status before I will be able to work again?

I am from Italy so I do not need a visa.

If you have any insights I'd love to hear them. The CIC website is very vague and the call centers does not pick up my calls.

Thanks in advance.
Diego

 

[scylla]

Based on what you've written, I'm assuming that you did not apply to change your status to visitor before your work permit expired and you are now out of status in Canada.

If that's the case, technically you cannot flagpole since you must have valid status in Canada in order to be able to flagpole. I would apply to restore your status to visitor as soon as possible. This can take quite some time to process.

 

[DiegoG]

Hi Scylla,

Thanks for the reply. I was finally able to talk to the CIC people and they told me almost the same thing.

They also told me that while I wait for the restoration and I have my LMIA approved and a job offer I could fly out of Canada and back in and, at the airport they should give me the Work Permit.

Do you know if that could work or does that sound like a problem?

Thanks

 

[Mrsharma]

Hi Scylla,

Thanks for the reply. I was finally able to talk to the CIC people and they told me almost the same thing.

They also told me that while I wait for the restoration and I have my LMIA approved and a job offer I could fly out of Canada and back in and, at the airport they should give me the Work Permit.

Do you know if that could work or does that sound like a problem?

Thanks

I would suggest you to apply for trv right now and don't leave the country.!

 

[DiegoG]

So I've spent most of yesterday and today trying to wrap my head around this "restoration of status" application on the CIC website.

I have already paid the fee for both the restoration and the new work permit, yet I cannot even apply for the restoration until I get all the documents, including the LMIA, even though the CIC agent told me differently.

The "restoration" guide (IMM 5553) and the actual application on the CIC website even indicate different documents needed for the application, it is very confusing.

Furthermore the main document (IMM 5710) needed is not loading on their system, I will try to call them again in the morning (apparently the only time that I can reach someone to talk to).

The CIC restoration application requires some supporting documents, including a "proof that you meet the requirements of the job being offered", but it does not have a link to a form of sort.

If you have any knowledge of this and you can shed some light, I'd love to hear what you have to say of it.

 

[canuck_in_uk]

So I've spent most of yesterday and today trying to wrap my head around this "restoration of status" application on the CIC website.

I have already paid the fee for both the restoration and the new work permit, yet I cannot even apply for the restoration until I get all the documents, including the LMIA, even though the CIC agent told me differently.

The "restoration" guide (IMM 5553) and the actual application on the CIC website even indicate different documents needed for the application, it is very confusing.

Furthermore the main document (IMM 5710) needed is not loading on their system, I will try to call them again in the morning (apparently the only time that I can reach someone to talk to).

The CIC restoration application requires some supporting documents, including a "proof that you meet the requirements of the job being offered", but it does not have a link to a form of sort.

If you have any knowledge of this and you can shed some light, I'd love to hear what you have to say of it.

As scylla already told you, you need to apply for Restoration as a visitor. You don't qualify to restore your status as a worker.

 

[DiegoG]

Thanks for getting back to me.

I don't understand why you say that I need to restore the status as visitor instead of worker .

Based on what I read on the CIC website:

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.

I am trying to restore my work status. My permit expired just about 10 days ago.

Am I wrong?

 

[scylla]

You can't restore to worker without an approved LMIA. So your only option at this time is to restore to visitor.

 

[DiegoG]

I see.

Well the new LMIA is being processed and it will hopefully come back approved1

 

[canuck_in_uk]

I don't understand why you say that I need to restore the status as visitor instead of worker .

Based on what I read on the CIC website:

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.

You can't restore your status to something you don't qualify for. You don't qualify as a worker; you don't have an LMIA and don't meet the requirements for any other work permit.

Your only option for Restoration right now is visitor.

 

[addalaravi]

I am in same situation as my Visa expired and waiting for LMIA.. Just to be sure, can i restore as Visitor ? and later change it to worker. are my Kids also need to change to Visitor or they can apply to restoration of Student Visa (primary School).

 

[track002]

I have been reading a lot online about status extensions, status restorations, change of status, etc. and I only got very confused. I am currently in between jobs in Vancouver, BC, and I have a job offer from an employer.

My work permit from a previous employer expired a week ago (Feb 26) and now I am waiting for a new LMIA that got filed from my future employer a couple of days after my work permit expired (March 1).

At the moment I am waiting for the new LMIA, then if it goes through, I will go to the border to flagpole and get my work permit. Do I need to restore my status while I wait for the LMIA? Will my LMIA be approved without problems or might I run into problems because of it? Will I have to wait a few months to restore my status before I will be able to work again?

I am from Italy so I do not need a visa.

If you have any insights I'd love to hear them. The CIC website is very vague and the call centers does not pick up my calls.

Thanks in advance.
Diego

Hi Diego, don't think you might be active to share your story to what happened next or what worked out for you, but I'd love to know if there's anyone in a similar situation right now?

 

[Naaz_Sheth]

I have been reading about LMIA to support the PR process. Regarding LMIA, I have few questions.
My work permit will expire on February 15, 2024, I am going to apply for restoration of my work visa status and simultaneously, my employer will apply for LMIA to support my PR process. If before approval of my LMIA, I will rejected for work visa extension. So, can I work after IRCC has given me the decision as my LMIA is in process?

 

[scylla]

I have been reading about LMIA to support the PR process. Regarding LMIA, I have few questions.
My work permit will expire on February 15, 2024, I am going to apply for restoration of my work visa status and simultaneously, my employer will apply for LMIA to support my PR process. If before approval of my LMIA, I will rejected for work visa extension. So, can I work after IRCC has given me the decision as my LMIA is in process?

No