+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Need help!

ResKi

Full Member
Oct 3, 2015
43
3
calgary
Job Offer........
Pre-Assessed..
Guys, we need your help, please advise regarding the situation below:

We (my girlfirend and I) have applied for PR through Express Entry in June (Skilled Trades stream with LMIA, myself as a prinicpal applicant and she as a spouse) and got refused because of the incorrect job offer (not saying that my employer will employ me for at least one year upon getting my PR).
While we have been waiting for the decision in August we have applied for BOWP and got refused Dec 14, 2015 as PR was not granted.
As of now we are out of status and we have 90 days to restore it (till March 12, 2016).
My employer have applied for LMIA again in the end of November as the old one has expired already and we are waiting for the decision now.
We also waiting on ECA of our education and will update our profiles with new info as assessment will be finished in order to apply for Canadian experience class for EE.

Do you see any other ways for us to restore our status that we might be missing.
Any help will be appreciated. Thanks!!
 

scylla

VIP Member
Jun 8, 2010
97,221
23,055
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You really have two choices. If the LMIA is approved before the 90 days are over, you can apply to restore your status back to a work permit. If the LMIA is not approved in time, then you'll have to restore your status to a visitor.

Hopefully both of you have stopped working.
 

ResKi

Full Member
Oct 3, 2015
43
3
calgary
Job Offer........
Pre-Assessed..
Thanks Scylla! We did and now we have to sit like that for 4 months as this is how long they review new work permits/restorations :(
 

scylla

VIP Member
Jun 8, 2010
97,221
23,055
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
ResKi said:
Thanks Scylla! We did and now we have to sit like that for 4 months as this is how long they review new work permits/restorations :(
Yes - that seems to be how long it's taking these days for most.
 

ResKi

Full Member
Oct 3, 2015
43
3
calgary
Job Offer........
Pre-Assessed..
scylla, do you know if it's a good idea to get positive LMIA for example and go to the border to get WP faster instead there? What are the risks here?
 

scylla

VIP Member
Jun 8, 2010
97,221
23,055
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
ResKi said:
scylla, do you know if it's a good idea to get positive LMIA for example and go to the border to get WP faster instead there? What are the risks here?
Do you hold visa exempt passports?
 

scylla

VIP Member
Jun 8, 2010
97,221
23,055
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In that case you unfortunately cannot flagpole. Your only option is to apply from within Canada and wait.
 

ResKi

Full Member
Oct 3, 2015
43
3
calgary
Job Offer........
Pre-Assessed..
yeah its risky we can easily be deported and wait in our country.thanks for help