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Expiring Work Permit/Restoration Of Status

Jones1976

Newbie
Mar 4, 2013
2
0
Hello all,

I am new to this forum and I have a number of questions. Any advice/tips/help would be much appreciated.

I am a Dutch citizen and me and my wife's ultimate goal is to permanently move to Canada, and the CEC seems like a good option for us.
I studied in Canada from March 2011 to March 2012 and I have since worked in my field of study for 7 months on a postgraduate workpermit.
However, I am currently not working and the expiry date of my work permit is fast approaching. (22 March 2013)

I am aware of the restoration of status option, which (at least the way I understand it) essentially means an extra 90 days in which to apply for a work permit.
I find it confusing because even though there is the "restoration of status" provision, am I not expected to leave the country after my work permit expires?
That would be my first question.

Also : If I do stay beyond the end date of my work permit to then apply for restoration of status when I find an employer, could this have negative consequences when I apply for PR later on down the road?

And my last question : can I have my status restored to visitor for the time being, would that be a possibility, or wise?

Like I said : March 22nd is not far off, and we would like to avoid having to go back to The Netherlands, since that would make the whole process of completing my year of work and eventually applying for PR that much harder. (It wouldn't stop us, but still...)

Once again, thank you so much for any and all help you can give.

Regards,
Frans
 

Pro_Public

Star Member
Dec 5, 2012
160
2
"I find it confusing because even though there is the "restoration of status" provision, am I not expected to leave the country after my work permit expires?
That would be my first question."
A: Restoration is an option to regularize status for people who stay in Canada beyond the authorized period of time. It does not mean you are not expected to leave.

"Also : If I do stay beyond the end date of my work permit to then apply for restoration of status when I find an employer, could this have negative consequences when I apply for PR later on down the road?"
A: Restoration is to "legalize" your expired status. Theoretically, it has no impact on your PR application. But if there is any unauthorized working or study or similar breach found during the period of waiting for restoration, that will be an issue. You still have to meet all other PR requirements at time of applying.

"And my last question : can I have my status restored to visitor for the time being, would that be a possibility, or wise?"
A: Yes, vivitor is another option.
 

Jones1976

Newbie
Mar 4, 2013
2
0
Thank you for the reply, as a follow up question :

As for "restoration of status" or "visitor", in my case, would one be
preferable over the other? So either continue looking for work and letting my work permit expire and then
when I find work apply for restoration of status OR applying for visitor status before the 22nd.

Thanks again.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
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It's better to apply for some kind of legal status BEFORE your current work permit expires. In that case, you will use the "Application to extend my stay in Canada or change status" form to change your status to "visitor"(can't work). If you do this, you will have "implied status" and can stay in Canada until a decision is made.
When you find an employer willing to obtain a LMO for you, you can again use the same form to change status to worker.

Also, while you were working EI(Employment Insurance) deductions were taken from your paycheque. This money is meant to help people when they are out of work through no fault of their own(i.e. you were not fired). You can apply for EI benefits to help you pay bills.


Jones1976 said:
Thank you for the reply, as a follow up question :

As for "restoration of status" or "visitor", in my case, would one be
preferable over the other? So either continue looking for work and letting my work permit expire and then
when I find work apply for restoration of status OR applying for visitor status before the 22nd.

Thanks again.