Extension of work visa denied

[Rkfletch]

Hi I hope somebody can help me. I was in Canada on SWAP program, with work visa for 1 year. I was not able to renew this because I was late applying. I was than told to apply for extension of my work permit thru immigration. I continued to work on implied status.
I just received a letter denying my extension. It states my employment does not benefit opportunities for Canadian citizens. It goes on to say EIC program maximum allowable employment is one year and I have exhausted this period and no longer eligible to permit extension.

It than tells me my temporary resident status has expired and I can apply for restoration of status. I am very unclear what all of this means. Are they telling me I am not eligible for extension under this program but possibly another program? If I apply for restoration of status, will that give me another work permit?
I have been working as an electrical apprentice with a great company, from what I have read, I can no longer work past my visitor permit date?

So confused and just need some direction on which way to go. Thanks

 

[scylla]

Hi I hope somebody can help me. I was in Canada on SWAP program, with work visa for 1 year. I was not able to renew this because I was late applying. I was than told to apply for extension of my work permit thru immigration. I continued to work on implied status.
I just received a letter denying my extension. It states my employment does not benefit opportunities for Canadian citizens. It goes on to say EIC program maximum allowable employment is one year and I have exhausted this period and no longer eligible to permit extension.

It than tells me my temporary resident status has expired and I can apply for restoration of status. I am very unclear what all of this means. Are they telling me I am not eligible for extension under this program but possibly another program? If I apply for restoration of status, will that give me another work permit?
I have been working as an electrical apprentice with a great company, from what I have read, I can no longer work past my visitor permit date?

So confused and just need some direction on which way to go. Thanks

You didn't qualify for an extension which is why it was refused. You are now out of status in Canada (i.e. in Canada illegally) - this means you must stop working immediately. If you want to remain in Canada, you should apply to restore your status. You have to do this within 90 days of being refused. Restoring your status will allow you to remain in Canada as a visitor - but not work. You other option is to leave Canada.

If you want to be able to work again in Canada, there are a few things you should look into. It's not clear what your profession is. If your occupation falls on the NAFTA job list, you may qualify to apply for a new work permit at the border tied to your employer with just a job offer and some other documentation. If your occupation does not fall on the NAFTA occupation list, then your employer needs to obtain an approved LMIA before you will be able to apply for a closed work permit. The LMIA process takes around 4-6 months to complete usually and requires your employer to prove no Canadian could be found for the role.

Regardless, you must stop working immediately.

 

[Rkfletch]

I am working an electrical apprentice so would not be eligible under nafta. Is my best option to go back to USA and apply for another one year with SWAP program? If I get accepted I can return to Canada with an open work permit.

My longer term plan was to received an extension on my work permit, than apply for common law sponsorship with my Canadian girlfriend. We have been living together for well over a year. Will leaving the country for a couple of months, affect my eligibility for c/l?
I secure another with SWAP, can I immediately apply for c/l while here and working? That way I am able to continue working while they process the common law application?

 

[Rkfletch]

I am also wondering if I choose to apply for restoration status, I know I cannot work while it is being processed but am I able to leave the country for a visit?

 

[scylla]

I am working an electrical apprentice so would not be eligible under nafta. Is my best option to go back to USA and apply for another one year with SWAP program? If I get accepted I can return to Canada with an open work permit.

My longer term plan was to received an extension on my work permit, than apply for common law sponsorship with my Canadian girlfriend. We have been living together for well over a year. Will leaving the country for a couple of months, affect my eligibility for c/l?
I secure another with SWAP, can I immediately apply for c/l while here and working? That way I am able to continue working while they process the common law application?

I don't know if you qualify for another SWAP. You'll have to look into that.

Yes - if you qualify for another SWAP, you can certainly apply for common law sponsorship while living here. You can technically apply now while out of status however it will be quite a while before you'll be able to work again.

 

[scylla]

I am also wondering if I choose to apply for restoration status, I know I cannot work while it is being processed but am I able to leave the country for a visit?

Restoration is canceled if you leave. If you plan on leaving, then don't bother applying for restoration.

 

[Rkfletch]

I was told when I originally applied for SWAP that it could be renewed for 1 more year. I was not told I needed to reapply. I thought I could just renew it and when I contacted them the pool had closed, which is how I ended up having to try for an extension on the work permit.
Is there a grace period until I must leave? I know they said my temporary visa has expired but I only received notification today and need a few days to figure out my best option. I have 90 days to apply for restoration but can I stay for a month, not apply and than leave?

 

[canuck78]

I was also under the impression that apprenticeships were not supposed to go to foreign nationals.

 

[Rkfletch]

I am not sure about that. Only that I have taken the pre-apprenticeship program in Canada and now working as an electrician. Do you know how much time I have to get my affairs in order before I need to leave? Also can I cross the border and come back as a visitor?

 

[scylla]

I was told when I originally applied for SWAP that it could be renewed for 1 more year. I was not told I needed to reapply. I thought I could just renew it and when I contacted them the pool had closed, which is how I ended up having to try for an extension on the work permit.
Is there a grace period until I must leave? I know they said my temporary visa has expired but I only received notification today and need a few days to figure out my best option. I have 90 days to apply for restoration but can I stay for a month, not apply and than leave?

Yes - you were required to apply for a new SWAP. Extending never had any chance of working.

If you aren't going to apply for restoration, you should leave within 30 days of receiving the refusal (and of course, not work for your remaining time here). So yes - you can stay a month (depending on when you received the refusal).

 

[Rkfletch]

Just one more question, am I able to go across the border for a day and come back as a visitor? I am an American so that would be easy. If I must leave, is there a time frame that I must stay out before I return as a visitor?
You have been so helpful. Thanks

 

[scylla]

Just one more question, am I able to go across the border for a day and come back as a visitor? I am an American so that would be easy. If I must leave, is there a time frame that I must stay out before I return as a visitor?
You have been so helpful. Thanks

There are no black and white rules. Whether you are allowed in and for how long is always up to CBSA. At this point you're only allowed to visit Canada, so when you re-enter, it should be as a visitor temporarily without intent to remain long term. Ideally you should be able to show ties to the US if asked (which will be difficult for you to do given you've been living in Canada). The fact you applied for a work permit extension when you didn't qualify for one could work against you - or it may not. Really impossible to say. If you want the highest chance of being readmitted without issues, leave for a few months and then re-enter.

 

[canuck78]

Would also look into whether apprenticeships are actually available to non-PRs or citizens. They are in short supply so I believe they are not open to foreign nationals.