Extension Status. Re-enter Canada in Border for Work Permit

[jehan.emporio]

Good day to all. I need an advise. Im in Canada and my work permit was expired since April 04. But im in extension status now possibly until July. I just found a new employer that applied me in existing LMIA which was sent already. And i need to go to the border to apply for my work permit when Mercan received the named LMIA or positive LMIA. I am actually preparing all the documents needed. Is it risky doing it? Im just worried because of my current status. I might not be issued a work permit and be denied. Or be sent home at the border.

Hope to hear from you. Thank you in advance!

 

[fkl]

I don't know what you mean by EXTENSION status.

If you mean a work permit extension was applied for you BEFORE the expiry of current one i.e. April 04, then you are under IMPLIED status. In that case you are good to go to border to get a new wp. Just carry proof of being under implied status i.e. your expired permit and your proof of submitted application.

If you mean your status expired WITHOUT submitting any application, then I am sorry to say you cannot go to border. You can no longer apply for a work permit extension. What you need to apply for is called "restoration of status".

You can have an LMIA and eventually get a work permit but restoration application includes more than that. It is a separate fee and you have to justify to CIC why you let your status expire. One good and frequent reason is that you applied for WP extension and it was refused. You believe you had genuine grounds for getting WP and hence are providing them with restoration application.

As far as I know, restoration of status is not handled by CBSA. So you have to apply to CIC. And restoration application has to be submitted with in 90 days of your status expiry. The 90 days started on April 4. So you only have until July 4 to even be considered for restoration. After that you have to exit Canada no matter what.

 

[jehan.emporio]

Hi fkl!

Yes my employer applied me for an extension March 29 before the end of my work permit which was on April 04. That was his term. That must be implied status anyway. So if i receive the NAMED LMIA or positive LMIA together with the other documents like passport, contract signed by me and employer etc i can go to the border right away and apply for my work permit?

That must be good. I just wish the processing of LMIA will get approve before July because that is my expected month that my extension or implied status end. Anyway my employer applied my name in his existing LMIA 2 weeks ago.

Thank you so much for your reply! That's a great help.

Jehan

 

[fkl]

You are most welcome and all the best.

If you do this, don't forget to carry a copy of proof that your current employer applied for extension and you are currently under implied status.