PGWP EXPIRE SOON BUT NO LMIA, WHAT OPTIONS DO I HAVE ---- Please Help

[scylla]

" My recommendation is always avoid Restoration Period, you should details status before WP expires, even as visitor, before to get out of status, because restoration is up to visa officer."

Thanks for all the infor for my previous post. I am a bit confused about switching to visitor visa . My work permit expired and I did submit the extension application before that, now I am under the implied status until the decision made. Without a LMIA it is most likely my application will be refused. so For applying / switching to visitor visa under the implied status, should I apply to extend my stay or restoration of status ? I am quite confused.

You can't switch to anything now - it's too late because your work permit has already expired. Your only choice now is to wait for the work permit extension to be refused at which point you'll be out of status in Canada. You'll then have to apply for restoration and at the same time apply to change your status to visit.

FYI - Your work permit extension is definitely going to be refused without an LMIA. There's zero chance of approval.

 

[macIndia]

You can't switch to anything now - it's too late because your work permit has already expired. Your only choice now is to wait for the work permit extension to be refused at which point you'll be out of status in Canada. You'll then have to apply for restoration and at the same time apply to change your status to visit.

FYI - Your work permit extension is definitely going to be refused without an LMIA. There's zero chance of approval.

Can you clarify, why one can not apply to switch the status to anything else in implied status (worker-implied to Visitor or Student?

 

[Gregor.Samsa]

Can you clarify, why one can not apply to switch the status to anything else in implied status (worker-implied to Visitor or Student?

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was

approved, then the new status applies.

refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.

refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)

rejected for incompleteness, then the application is returned to the applicant. The application is considered to have never been received, no implied status is granted, and the applicant will be considered in status until the original temporary resident document expires.

http://www.cic.gc.ca/english/visit/extend-stay.asp

So you can apply for visitor status while in implied status but the application may be rejected and anyways you should be considered as out of status

The only possible advantage I see sending the second application as while waiting for the firts decision is to reduce the time out of status, but chances are to be refused/returned unless application was for Status Restoration, with fees, but I don't know if will work.

So most recommended option is preparing the Restoration of status application and submit it as soon you get the refusal.

Note if the application is rejected for incompleteness you'll be out of status since WP expired, reducing your Status Restoration period, I don't know if in the discussed case (LMIA not approved) CIC could reject the application