My work permit extension got refused!!! Help!!

[sam0329]

This is my 2nd time to apply for renewal. The first time was fine but this time I got refused because they said I dont have the LMO. They never ask for one when I first applied, not even the 2nd time, suddenly I need one?? On my expired work permit it said Employer: Any Employer, Occupation: Open EA. I am a Mechanical Engineering Technologist located in Alberta. Is there something I can do at the moment? Can I appeal? I am so lost and confused... also scare! This is what I got:

You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

I am getting married next year here. I dont want to get into any trouble. But if I leave now, I will for sure lose my job and how am I suppose to leave right the way? Rent, bills, etc?? Please help!! Please!

Sam

 

[rhino2008]

Hey Sam,

I am so sorry for you about this. you dont have to leave right away. why dont u talk to your boss about getting an LMO and then you have to submit a new work permit extention before the 90 days are over. dont panic all will be okay. talk to your boss to get the LMO right away and then proceed as soon as possible for a new permit.
Good luck.
Rhino

 

[sam0329]

Thanka for your advice. I called the call center this morning and they said " There is nothing you can do at the moment and I cannot give you advice or what to do except telling you the situation." Am I still have 90 days???? All I want is to remain in the country to do the application etc. Please advice!

 

[jes_ON]

Sam - the rules changed this year - no work permit extensions without a new LMO. Lesson learned - rules change all the time! You could have applied for permanent residency - why didn't you? Anyway - my 2 cents:

If you are still within 90 days from the date that your permit expired:

1) You CANNOT work.

2) You should apply for a restoration of status; through this process, you may be able to obtain a temporary visitors permit.
http://www.cic.gc.ca/English/information/applications/guides/5553E4.asp

3) Your employer should immediately apply for an LMO, with the goal of obtaining a new TWP. This is a somewhat lengthy process, let's hope they are willing to wait for you:
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml

4) If 2 and 3 don't work out, you will have to leave, but you may be able to still apply for permanent residence under the Canadian Experience Class:
http://www.cic.gc.ca/EnGLish/immigrate/cec/index.asp

This program is supposed to be processed (relatively) quickly for permanent residence. If you have to leave for a while, it's a tough break, but you will (probably) be able to come back as a PR.

5) If 4 doesn't work out - if you have been living with your fiance for at least a year and can prove it, she may be able to sponsor you already under the Family Class. (but you will have to leave while it's processed). If you haven't been living together, you could get married right away (do a civil ceremony, nothing stopping you from also having the planned wedding next year).

If you are NOT still within 90 days, you MUST leave. Or contact an immigration lawyer. Good luck!

 

[sam0329]

Thank you very much for your reply. Its more than 90 days. I ask when do I have to leave and they said they cannot give me a time line but asap???
I know I should have applied for PR but because we are getting married next year thats why I think I should wait and never expect what is happening now.
We decided to apply under family class and she is going to sponsor me and we have been living together for more than 2 years. My question is, am I allow to travel back here as a visit if I want to visit her? For example we are planning to travel in Jan to asia. When the trip is done, can I come back as a visit? I think vistor can stay for max 6 months right (not allow to work)? Since I bought my round trip ticket here and will make me back here (Canada -> Hong Kong, Hong Kong -> Canada). I think I should purchase another one way ticket (Canada to Hong Kong) right? Hope I make sense, still in shock! Thanks in advance!

Sam

 

[jes_ON]

So sorry Sam. I realize that this was an accident, but you really must try to leave ASAP so that you will not have further trouble when you try to apply for PR. You were legal (on implied status) while your renewal application was being processed, but the second they refused you ... I'm sure they don't expect you to leave within 24 hours, but waiting until January may not be wise, either.

As for your airline ticket, that depends on so many things (e.g. refundability/changability of ticket) that I can't begin to suggest anything.

Rules about being able to visit or obtain a temporary resident permit (no work) depends a lot on the country of your citizenship ... ? (Hong Kong? Are you a Chinese citizen?)

Once you have gotten out and temporarily settled, you should reconsider the PR application - as I understand it, Family Class takes longer than CEC...

Good luck and let us know what happens...

 

[sam0329]

So I was married today. And purchased the return ticket however the earliest I can book is Jan7th, 2010 due to holidays. Here are my questions:

Should I call CIC and let them know I have my ticket booked?
Should my wife submit the Sponsor/PR and work permit before we leave in Jan? Or should I wait until I come back in Feb as a vistor?

Please advice.

Sam

 

[jes_ON]

Congratulations, Sam!

Alas, I have no advice on the rest. I would think you should submit the sponsorship application as soon as humanly possible.

Perhaps you can ask your questions in the Family Class forum, they will have more experience.

 

[job_seeker]

So I was married today. And purchased the return ticket however the earliest I can book is Jan7th, 2010 due to holidays. Here are my questions:

Should I call CIC and let them know I have my ticket booked?
Should my wife submit the Sponsor/PR and work permit before we leave in Jan? Or should I wait until I come back in Feb as a vistor?

Please advice.

Sam

Were you given a departure order? You might need to notify CBSA when you leave.

 

[sam0329]

I am not sure what you mean by departure order. All I have is a letter said I have to leave but did not stated when. So I called the case center and they said I donor have to sign anything and just go ??