Restoration of Status after WP Extension Refused - PEI PNP

[JenC]

Hi There,
Hoping this forum might be able to offer me some help on how to proceed from here as I'm growing desperate!
Here's a brief summary of my situation:
I was working in Vancouver for a company that also had a branch in PEI, and when I told them my IEC Visa was due to expire on May 28th they offered me a role in their PEI office in a NOC B profession and told me that I would be able to apply for PR under the PEI PNP SKILLED WORKER stream.
I was told by my workplace that the NOC B role I have been working in is LMIA exempt as the office has had the role advertised constantly for the past 2 years.
Prior to my WP expiring I applied for an extension so that I could continue working until I was offered an invitation by the province.
My WP Extension request was declined on Aug 9th, due to my workplace having not completed an LMIA.
I was invited to apply to the PEI PNP SKILLED WORKED Stream on Aug 19th, but you cannot submit an application unless you hold a valid status.

I want to restore my status so that I can submit an application through to the PEI PNP but am unsure if the fact I've now been invited to apply will be sufficient grounds to restore my previous status.
I'm also nervous that if my restoration of status is refused, that I'll be forced to leave the country.
I've tried emailing and calling immigration canada to get advice or help but was told all support workers have been redirected to processing Afghani visa's.
I'm stressed and desperate and don't want to be kicked out of this beautiful country. Please HELP!!

 

[Naturgrl]

Your WP extension was rightly refused. You can't restore your status on an IEC visa. You would have had to apply for a new IEC (if eligible) or have your employer apply for a LMIA and then you apply for a closed work permit. Assume you stopped working on August 9 and applied to change your status to visitor.

 

[JenC]

Your WP extension was rightly refused. You can't restore your status on an IEC visa. You would have had to apply for a new IEC (if eligible) or have your employer apply for a LMIA and then you apply for a closed work permit. Assume you stopped working on August 9 and applied to change your status to visitor.

I did stop working on August 9th when I received the declination letter, however haven't applied for anything else as I'm confused about the process. I thought that you were only able to restore your status to what it was previously (meaning a WP)?

 

[Naturgrl]

I did stop working on August 9th when I received the declination letter, however haven't applied for anything else as I'm confused about the process. I thought that you were only able to restore your status to what it was previously (meaning a WP)?

You have had no status in Canada since August 9. Sorry for the incorrect wording, you should have applied to change your status to visitor (not restore status since you can’t restore your WP). Apply to change status to visitor. You are not eligible for a WP unless your employer gets a LMIA and then you apply for a closed work permit or find out if you are eligible for another IEC.

 

[scylla]

Oh okay, Thank you!
Does that mean that it's not possible for my workplace to offer me the role without completing an LMIA? They were just so sure of it falling under the LMIA exempt category.
Also, just to make sure I'm understanding correctly, do you mean that I'll need to change my status in Canada to a visitor by filling out the "IMM5708 E : Application to change conditions, extend my stay or remain in Canada as a visitor" https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5708e.pdf
and then select: "restore my status as a visitor"?

Understandably I want to spend as little time as possible out of status, but do you know how long a visitor visa would typically allow me to stay for?
I'm not able to return to my country of residence because of COVID restrictions.

Normally to qualify and apply for a work permit your employer needs to obtain an approved LMIA.

If your employer thinks the job is LMIA exempt, they will need to tell you why / under which specific IRCC rule. Advertising a role constantly for 2 years doesn't make a job LMIA exempt. You need to know the specific rule this falls under with regards to exemptions. I would personally not rely too heavily on your company. They already gave you wrong / bad advice as it related to extending your IEC. As said above, you were correctly refused and didn't qualify for an extension. I would do your own research or hire an immigration lawyer to help you.

It's quite possible IRCC may give you six months in Canada as a visitor once status is restore. It take take a number of months for the restoration application to be processed.

 

[JenC]

Normally to qualify and apply for a work permit your employer needs to obtain an approved LMIA.

If your employer thinks the job is LMIA exempt, they will need to tell you why / under which specific IRCC rule. Advertising a role constantly for 2 years doesn't make a job LMIA exempt. You need to know the specific rule this falls under with regards to exemptions. I would personally not rely too heavily on your company. They already gave you wrong / bad advice as it related to extending your IEC. As said above, you were correctly refused and didn't qualify for an extension. I would do your own research or hire an immigration lawyer to help you.

It's quite possible IRCC may give you six months in Canada as a visitor once status is restore. It take take a number of months for the restoration application to be processed.

Thanks for this, I'll try to get my status restored as a visitor and go from there. Assuming the link I put above is the correct form to fill out.
Thanks Again!

 

[Naturgrl]

Oh okay, Thank you!
Does that mean that it's not possible for my workplace to offer me the role without completing an LMIA? They were just so sure of it falling under the LMIA exempt category.
Also, just to make sure I'm understanding correctly, do you mean that I'll need to change my status in Canada to a visitor by filling out the "IMM5708 E : Application to change conditions, extend my stay or remain in Canada as a visitor" https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5708e.pdf
and then select: "restore my status as a visitor"?

Understandably I want to spend as little time as possible out of status, but do you know how long a visitor visa would typically allow me to stay for?
I'm not able to return to my country of residence because of COVID restrictions.

How is your job LMIA exempt? Processing times once you get your application submitted will take 4-6 months. IRCC may or may not grant an extension. Just so you know since you have no status and may be allowed to change to visitor, you can’t access any government programs while waiting. Hope everything works out,

 

[JenC]

How is your job LMIA exempt? Processing times once you get your application submitted will take 4-6 months. IRCC may or may not grant an extension. Just so you know since you have no status and may be allowed to change to visitor, you can’t access any government programs while waiting. Hope everything works out,

They tell me it's LMIA exempt because there are no qualified candidates to fill the role, and they've been hiring constantly for it for the past two years. They've also been trying to contact someone from immigration for advice but haven't had any luck.
Can I ask what you mean by "Government Programs"?

I'm also thinking of forgoing the above as it's such a headache, and just applying for the CEC. I was just offered an invitation in the latest round, but If I do apply under the CEC, will my current out-of-status state affect my application?
If the application takes 4-6 months to restore my status as a visitor, I may be better off just leaving Canada altogether and going elsewhere while the CEC is processed and hope for the best with that instead of relying on my current workplace...

Appreciate your help, this is all very informative!

 

[scylla]

They tell me it's LMIA exempt because there are no qualified candidates to fill the role, and they've been hiring constantly for it for the past two years. They've also been trying to contact someone from immigration for advice but haven't had any luck.
Can I ask what you mean by "Government Programs"?

I'm also thinking of forgoing the above as it's such a headache, and just applying for the CEC. I was just offered an invitation in the latest round, but If I do apply under the CEC, will my current out-of-status state affect my application?
If the application takes 4-6 months to restore my status as a visitor, I may be better off just leaving Canada altogether and going elsewhere while the CEC is processed and hope for the best with that instead of relying on my current workplace...

Appreciate your help, this is all very informative!

This isn't an LMIA exemption rule. They need to tell you the specific rule under which the job is LMIA exempt. There should be a code associated with this exemption rule like C14.

 

[Naturgrl]

They tell me it's LMIA exempt because there are no qualified candidates to fill the role, and they've been hiring constantly for it for the past two years. They've also been trying to contact someone from immigration for advice but haven't had any luck.
Can I ask what you mean by "Government Programs"?

I'm also thinking of forgoing the above as it's such a headache, and just applying for the CEC. I was just offered an invitation in the latest round, but If I do apply under the CEC, will my current out-of-status state affect my application?
If the application takes 4-6 months to restore my status as a visitor, I may be better off just leaving Canada altogether and going elsewhere while the CEC is processed and hope for the best with that instead of relying on my current workplace...

Appreciate your help, this is all very informative!

Not finding a candidate doesn’t make the job LMIA exempt. It means they can apply for a LMIA. May be better to apply through CEC if you have the ITA.

 

[JenC]

This isn't an LMIA exemption rule. They need to tell you the specific rule under which the job is LMIA exempt. There should be a code associated with this exemption rule like C14.

I'll get in touch with them and see what they say. Thank you!

 

[JenC]

Not finding a candidate doesn’t make the job LMIA exempt. It means they can apply for a LMIA. May be better to apply through CEC if you have the ITA.

I'm definitely leaning towards that. Do you think being currently out of status will affect my chances in the CEC?

 

[JenC]

This isn't an LMIA exemption rule. They need to tell you the specific rule under which the job is LMIA exempt. There should be a code associated with this exemption rule like C14.

They just sent me the LMIA exemption code Canada-PT agreement R204-C; T13

Does this seem like something I could use to apply for a closed work permit?