I applied LMIA already, but my work permit expired and I haven't get the result

[phrixus]

Hi guys, I have a question to ask:
My employer applied LMIA for me in September, 2014. And until now I haven't got any feedback, even no LMIA file number, my work permit is expired end of January, 2015. What can I do? Can I keep working in same company? How long can I stay in Canada? Can I stay until I got the result? Please if you know how to deal the problem. Thank you.

 

[ragluf]

Hi guys, I have a question to ask:
My employer applied LMIA for me in September, 2014. And until now I haven't got any feedback, even no LMIA file number, my work permit is expired end of January, 2015. What can I do? Can I keep working in same company? How long can I stay in Canada? Can I stay until I got the result? Please if you know how to deal the problem. Thank you.

You have not applied for any work permit extension, right?

If that is the case, unfortunately, right now - you have no status in Canada.
You can't continue working as you do not have any authorization to work (i.e. expired WP).
If you have not submitted any WP extension application BEFORE your WP expired, you do not have implied status.

With you out-of-status, and no LMIA yet, well the only thing you can do is
1. apply to change conditions to a visitor: http://www.cic.gc.ca/english/information/applications/visitor.asp
2. and with the application to change conditions, apply for for restoration of status:
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

The form for applying to change conditions (IMM5708) has a selection for *restoration of temporary resident status as a visitor

At this point what you are applying to restore is your temporary resident status. Things you have to understand here, given you are applying for this AFTER your WP has lapsed:
- You have 90 days (grace period) in which to apply for restoration - as soon as you file this application, you fall under "implied status" as a visitor/temporary resident and can stay until you get results of the restoration application.
- You CANNOT WORK during this time - you do not have authorization to work
- You do not have "implied status" as a worker as your WP has expired; you need to have submitted an application for a WP extension or new WP BEFORE your WP has expired to fall under "implied status" (as a worker).

Do you have any other recourse like a - getting a letter of nomination?

.../hth

 

[phrixus]

You have not applied for any work permit extension, right?

If that is the case, unfortunately, right now - you have no status in Canada.
You can't continue working as you do not have any authorization to work (i.e. expired WP).
If you have not submitted any WP extension application BEFORE your WP expired, you do not have implied status.

With you out-of-status, and no LMIA yet, well the only thing you can do is
1. apply to change conditions to a visitor: http://www.cic.gc.ca/english/information/applications/visitor.asp
2. and with the application to change conditions, apply for for restoration of status:
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

The form for applying to change conditions (IMM5708) has a selection for *restoration of temporary resident status as a visitor

At this point what you are applying to restore is your temporary resident status. Things you have to understand here, given you are applying for this AFTER your WP has lapsed:
- You have 90 days (grace period) in which to apply for restoration - as soon as you file this application, you fall under "implied status" as a visitor/temporary resident and can stay until you get results of the restoration application.
- You CANNOT WORK during this time - you do not have authorization to work
- You do not have "implied status" as a worker as your WP has expired; you need to have submitted an application for a WP extension or new WP BEFORE your WP has expired to fall under "implied status" (as a worker).

Do you have any other recourse like a - getting a letter of nomination?

.../hth

Thank you ragout for your reply, will it effect the result of LMIA and work permit extension after if I switch my condition as visitor?

 

[ragluf]

Thank you ragout for your reply, will it effect the result of LMIA and work permit extension after if I switch my condition as visitor?

No. The LMIA application will not be affected. You can apply online for the work permit - you should be permitted, having already resided in the country for more than a year already. But concentrate on the immediate task - applying to extend your stay as a visitor and getting restoration of your status as a temporary resident - this is what you need to do. After that, you can devote your time and resources in applying for a WP as soon as the LMIA is obtained, or if your nomination is approved.

.../atb

 

[phrixus]

Thank you ragfut