Precautions against being 'out of status'

[tidelander]

My work permit (WP) expired on November 28, 2014. I applied for new WP by paper on November 20, 2014. So currently I continue to work because I am on implied status.
The reason I applied for new WP by paper and not online was that I did not have LMIA confirmation number. As for now I still do not have LMIA (province BC, NOC code 2173 ‘Software engineers and designers').
Soon it will be 2 months since my WP application has been delivered to CIC processing center. My WP application will be rejected and I will be out of status.
I do not want to be out of status because processing time for restoration as worked is longer than for normal application (CIC agent was not able to tell me exact time but informed me that it will be longer than usual. On this forum I saw 16 weeks here => canadavisa.com/canada-immigration-discussion-board/restoration-of-status-a-guide-for-canadian-temporary-residents-t126246.0.html;msg1911330#msg1911330).
I am trying to come up with options on how to minimize amount of time I will not be able to work considering that I will get LMIA confirmation number after current WP application will be rejected:

1. Apply for visitor status now while I am on implied status. So when WP gets rejected I will be on visitor status (or implied status for visitors application). Then I can apply for new WP without restoration.
Questions: is such case really possible? What if I apply for visitor status but my WP will not be rejected? Will status overlap?

2. Wait till I am out of status than apply for restoration as a visitor, wait till I am restored as a visitor and then apply for new WP.
Questions: how long is the processing time for restoration as visitor? Can I apply online for restoration as visitor?

3. Wait till I am out of status, wait for LMIA confirmation number and then apply for restoration as a worked.
Questions: How long is the processing time for restoration as worked? Can I apply online for restoration as worked?

4. Other options???

P.S. I called CIC call center but agent was not helpful.

 

[tidelander]

I will answer my own questions.

1. Apply for visitor status now while I am on implied status. So when WP gets rejected I will be on visitor status (or implied status for visitors application). Then I can apply for new WP without restoration.

AND

> 2. Wait till I am out of status than apply for restoration as a visitor, wait till I am restored as a visitor and then apply for new WP.

It's not possible to switch from visitor status to worker. In 'Who may apply for a work permit from within Canada?' section here => cic.gc.ca/english/information/applications/guides/5553ETOC.asp it is clearly stated who can apply for work permit from within Canada. Visitors are not in the list. However nothing prevents you from restoring status as visitor and applying for work permit OUTSIDE of Canada.
In the end there are not so many options. You can either leave Canada and apply from your country of origin OR go through restoration as worker

 

[irishIan]

I'm in the same boat. I just received my permit denied letter after 9 weeks on implied status so i have 90 days to restore my status. My consultant tells me that if i get my LMIA (10 weeks waiting) then i will be applying for a new work permit AND restoration of status with my LMIA. This however can take 5 weeks. So im looking at the possibility of heading to the US border and promptly turning around to re enter canada with my LMIA and Job offer ect.... They can issue work permits there.

But my consultant told me not to restore my status early as i will be visitor and to wait as long as i can in order to get my temporary worker status restored....ie new permit

 

[tidelander]

Each case is different. In my case I need Temporary Resident Visa to enter Canada which I don't have. I am not from visa exemption country.

 

[gearshift]

Greetings everyone.

tidelander, I was in a similar situation as yours with similar timeframe.

About the LMIA. i got an update from the employer this week. [March 10, 2015. Applied on 1st December]
The application was rejected on the grounds that the advertisement on JobBank was expired [in Feb] by the time processing center reviewed it. My employer followed up with them and was advised that everything else was acceptable, and hence should apply again. They were also promised a faster turnaround this time, since everything matched up. Hence, my employer is pursuing the process again. with a new add being posted for 4 weeks first.

About my status. Since i applied for an extension on my work permit before the expiry of my work permit, I had an implied status. However, this expired as of Feb 25, 2015. Consequently, i do not have any status as of right now [or as of 4 weeks from now when my employer applies again] Now, on the application for LMIA [ESDC EMP5517, page 8] it states to identify the foreign worker residing in Canada. The given options are TFW, student or a visitor. I am none of the above. Does this imply that the employer will not be able to apply for the LMIA? are there any exceptions?

Thanks

 

[tidelander]

The given options are TFW, student or a visitor. I am none of the above. Does this imply that the employer will not be able to apply for the LMIA? are there any exceptions?

I know what you are talking about and I have no idea what the solution is. Most probably it does not matter.
Ask your employer to call Service Canada call center and ask.