LMO/RESTORATION/WORK PERMIT

[gungho]

Hi, I am just wondering if anyone can advise on my dilemma. My work permit renewal was refused due to non LMO last May 7. I have 90 days to apply for my restoration. I have found a new employer with open LMO, they advised it will take 4 weeks at most to update LMO to put my name in it. Let's say we get the updated LMO by July 1 and I file my restoration right away, will my application be approved if the LMO expires August 21, 2013? CIC has advised me it will take them 4-6 months to process my application so from July, it will be November when they pullout my papers and the LMO has expired already. ANy advice will be great. Thanks in advance.

 

[europeangirl]

Hi,

Your situation seems to be similar to ours. Our work permit renewal was refused because of negative LMO on April 2. We got 90 days to apply for restoration of status. My husband's employer applied again for LMO which was positive this time. We decided to take a risk and instead of applying for restoration of status we went to Canada/US border to apply for our new work permits. We are from visa exempt country so we didn't need visa to travel in Canada or USA and we really left Canada for about an hour. Before going to border I contacted CIC call center where they advised me NOT to go to border but she also said that we can risk if we really want. Everything worked out great and we got our new work permits without even asked a question. I don't know if this is the right way to solve situations like this, most likely this is not but we were so tired of waiting so we decided to end this waiting by risking. We were ready to receive refusal.

I also just checked our LMO expiry date and found a note - "Please take note that the Foreign Worker must apply to CIC for a work permit prior to this date". I understand if you APPLY for your work permit before the expiry date, everything should be ok but as I have no experience with this, I can't be sure.

 

[gungho]

You are right!
I looked into our old LMO's and found this tiny italics note that does say that, so I guess as long as we got in our papers before August, we should be able to use that LMO.
Unfortunately, the risk you took can not work for us even if we were courageous. But I'm happy it worked out for you and your family. We just have to wade it out for the next 6 months.... Thanks again European girl

 

[europeangirl]

Just to be sure, check with CIC call center about that expiry date. Good luck. I know how frustrating it is to wait not even being sure will everything work out successfully.