LCP Restoration of status--Need advice.

[KPJ]

My friend is a Live-In caregiver who applied for a restoration of her status within the appropriate 90 days. The reason she applied was that an employer backed out at the last moment applying for a LMO in order to sponsor her, which left her with out status. While her application was being processed for restoration she found a new employer who filled and application with Service canada and was granted a positive labour market opinion (LMO). My friend then applied for a a new work permit (which is still in process) and her restoration of status application was sent back to her because she only payed the $200 application and failed to include the $150 for her new work permit.

Immigration sent her a letter stating that she had until April 2010 to send in the $150 to complete her Restoration application.

My question is, since she has applied for a new work permit under the Live in Caregiver program does she need to resend her restoration application along with the $150? or will Immigration notice that she perviously applied for restoration (which was returned to her) and carry on with processing her work permit application? or should she resend her restoration application with the required $150?

I hope someone will be able to lead us in the right direction.

Thank you in advance.

KPJ

 

[job_seeker]

My friend is a Live-In caregiver who applied for a restoration of her status within the appropriate 90 days. The reason she applied was that an employer backed out at the last moment applying for a LMO in order to sponsor her, which left her with out status. While her application was being processed for restoration she found a new employer who filled and application with Service canada and was granted a positive labour market opinion (LMO). My friend then applied for a a new work permit (which is still in process) and her restoration of status application was sent back to her because she only payed the $200 application and failed to include the $150 for her new work permit.

Immigration sent her a letter stating that she had until April 2010 to send in the $150 to complete her Restoration application.

My question is, since she has applied for a new work permit under the Live in Caregiver program does she need to resend her restoration application along with the $150? or will Immigration notice that she perviously applied for restoration (which was returned to her) and carry on with processing her work permit application? or should she resend her restoration application with the required $150?

I hope someone will be able to lead us in the right direction.

Thank you in advance.

KPJ

If she has already paid for the Work Permit application, then she just needs to send her application for restoration of status together with the cost recovery fee of $200. Attach a letter explaining that an application for work permit has already been sent, and if she has a copy of the receipt of the work permit payment, attach a copy of that too.

 

[KPJ]

Thank you Job Seeker for your reply. What is the cost recovery fee of $200 for? My friend has already applied for her work permit with her new employer she just has not received a response yet.

 

[job_seeker]

Thank you Job Seeker for your reply. What is the cost recovery fee of $200 for? My friend has already applied for her work permit with her new employer she just has not received a response yet.

For the restoration of status. You mentioned that she was out of status so she applied for restoration.

Applying to change conditions or extend your stay in Canada — Worker (IMM 5553)
Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, if you have only failed to comply with one or more of the following conditions:

* You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days)
* You changed employers, type of work, or location of work without applying to change these conditions if they were specified on your work permit.
* You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit
* You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.

You have committed an offence under the Immigration and Refugee Protection Act if you have not abided by the conditions that were imposed when your entry was authorized or when your work or study permit was issued. You may voluntarily leave Canada or you may be subject to an admissibility hearing that could lead to removal from Canada. Your temporary resident status in Canada will have been lost, and (if applicable) your student and/or work permit will have ceased to be valid.

You may wish to complete an application to apply for restoration of temporary resident status and for a new work permit. There is no guarantee that your application will be accepted. On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence.

If you apply for a work permit, you must pay the permit fee as well as the restoration fee when applying. Restoration applies to each member who has lost his or her status.

 

[KPJ]

Thank you for your time and advice Job Seeker.