Alright SO
I came to Canada in April 2010 on a 6 month working holiday visa. I am a US Citizen. In October I applied for a new permit with a new employer. This employer was dumb and did not start the LMO paperwork when I told them to (end of August) and their share of the paperwork was not completed until two days before my permit was set to expire in October. The LMO and work permit application were submitted at the same time, two days before my permit was expiring.
I received a letter from the CIC stating that my application was on hold for two months until a valid LMO was provided, until then I had implied status.
I received a second letter, dated just four days later, that my work permit application was refused based on the lack of the LMO and my temporary resident status was expired and I had 90 days to apply for restoration.
Wait, what? First they tell me I have two months and then they say, Woops, sorry! GTFO.
I called the help line and they were like, "Well this is interesting." They said they'd try to "help me out" because obviously there's something not right there. But in the meantime I have to do what the letter says. I'm not sure what exactly they are doing and how this will affect the possibility of a new employer/LMO/work permit application. They also said I should ask for a refund of my $150 given the circumstances.
BUT.
In the event that I get a job offer from a new employer for a much better job, how does this change things? I need a new LMO, obviously. Should I only apply to restore my status now and wait for the new positive LMO and apply for a work permit separately? Do I even need to apply to restore my status should I get a positive LMO, or can I just spin around the flagpole and avoid that $200 fee altogether? And what about that refund?
Thoughts? Anyone? Bueller?
I came to Canada in April 2010 on a 6 month working holiday visa. I am a US Citizen. In October I applied for a new permit with a new employer. This employer was dumb and did not start the LMO paperwork when I told them to (end of August) and their share of the paperwork was not completed until two days before my permit was set to expire in October. The LMO and work permit application were submitted at the same time, two days before my permit was expiring.
I received a letter from the CIC stating that my application was on hold for two months until a valid LMO was provided, until then I had implied status.
I received a second letter, dated just four days later, that my work permit application was refused based on the lack of the LMO and my temporary resident status was expired and I had 90 days to apply for restoration.
Wait, what? First they tell me I have two months and then they say, Woops, sorry! GTFO.
I called the help line and they were like, "Well this is interesting." They said they'd try to "help me out" because obviously there's something not right there. But in the meantime I have to do what the letter says. I'm not sure what exactly they are doing and how this will affect the possibility of a new employer/LMO/work permit application. They also said I should ask for a refund of my $150 given the circumstances.
BUT.
In the event that I get a job offer from a new employer for a much better job, how does this change things? I need a new LMO, obviously. Should I only apply to restore my status now and wait for the new positive LMO and apply for a work permit separately? Do I even need to apply to restore my status should I get a positive LMO, or can I just spin around the flagpole and avoid that $200 fee altogether? And what about that refund?
Thoughts? Anyone? Bueller?
Anyway there was one member who successfully managed to get a new WP from the border without having gone through the restoration of status but the officer processing the papers wanted him to pay the $200 restoration fee. You can send for an application of restoration of status to show you're working within the system, within the 90 days after the expiry of your status. Hopefully your LMO comes before you get a response for your restoration so you can go to the border to pick up your work permit after paying the $150 fee, of course. Then write CPC-V to cancel your application for restoration of status and they will send you a refund. But if your LMO takes a long time coming and the response to the restoration is received ahead of your LMO, then no more refund.