OVER STAYED

[asegai]

Hi guys am fairly new here just wanted to get your expertise and advise on a matter am currently facing come to the country on a student visa and graduated.last moth i applied for a post graduate work permit and was denied because my study permit expired in march stupid of me didn't realize that because i was looking at my work permit which expired last month at this time i have no status and i have overstayed.however i have been married to a Canadian citizen for over 2yrs,can she still sponsor me? PLEASE HELP.

 

[Leon]

So if your study permit expired in March, it is too late to restore your status (more than 3 months). You could still be sponsored inland by your partner because being without status does not prevent you from being sponsored and sponsorship inland usually prevents you from getting deported. However, there might be a while until you can work again. The other option would be to leave now and get sponsored outland.

 

[egyo]

Try a lawyer who can make an appeal to restore your study permit...I know a friend who was overstayed for 9 months and the lawyer was able to get it back to him.

 

[SenoritaBella]

If I understand the OP correctly, his study permit expired in March but his work permit expired last month(August). If this is correct, he is still within the 90-day window to restore his status based on the expiry date of the work permit. He can either restore status and change conditions to visitor(not allowed to work) or if he can find an employer willing to obtain a LMO, he can restore status and apply for a new work permit tied to the employer.

 

[Leon]

Unless it was an off campus work permit tied to his study permit. In that case, the work permit would have relied on him extending the study permit in time. However, it would be unusual for an off campus permit to be issued with a different expiry date.

If it was not an off campus permit, then you are right, he could appeal to restore his status and change to visitor or possibly even to restore his work permit if he has a new LMO.

 

[Msafiri]

The OP's situation is somewhat confusing...there is a study permit, a work permit and marriage to a Canadian citizen for 2 years. Why bother with the permits and not sponsorship from before. What are your start dates for the permits? Was there an LMO for the work permit?

 

[asegai]

Hi guys thank you for your input to answer your questions yes they were issued on the same day just checked and confirmed secondly its an off campus work permit that's how come i was allowed to work.If what you guys are saying is true that i can still restore my status based on the expiry of my work permit then that's the best NEWS EVER!so how do i go about this and do i need a lawyer?what do the abrev.LMO mean.

 

[SenoritaBella]

The off-campus work permit is tied your study permit. Strange that they issued it beyond the validity of your study permit. In order to apply for a post-graduate work permit, your study permit must be valid. Since it had expired, your post-graduate work permit was refused. This is a one-time deal, so you have lost the chance to obtain one.

Technically, you should not have been working with the off-campus work permit since you were no longer a full-time student. They expect you to surrender it.

LMO means labor market opinion. I don't know if it's possible to restore your status based on the expiry date an off-campus work permit, but you may try it or better yet, consult a lawyer.

In my opinion, as you have been married to a Canadian citizen for 2 years, perhaps your spouse can sponsor you "in-land" for permanent residence even if you don't have legal status. Be aware, it is advisable for your to stay in Canada for the entire processing period.

Hi guys thank you for your input to answer your questions yes they were issued on the same day just checked and confirmed secondly its an off campus work permit that's how come i was allowed to work.If what you guys are saying is true that i can still restore my status based on the expiry of my work permit then that's the best NEWS EVER!so how do i go about this and do i need a lawyer?what do the abrev.LMO mean.