Restoration of Status - Work Permit Expired

[ceccanada]

job-seeker you are the best help keep up the good job.

one more question if you have a room for me lol,this time is different as i am preparing an application for permanent residence under CEC and i will appear for an IELTS exam next month.
im wondering if i can send the application right now with the fees reciept that shows my personal informations,date and location of the test along with a cover letter and explain to buffalo that i will forward the test results once recieved(of course once i will get my AOR),i know its risky in case i will fail the exam?
anyone have done this before,with succefull experience?please let me know asap.
thanks

 

[victoria11]

Hi,Job-seeker:

Within couple days I should be received the LMO from HRSD. The question is_Can I apply on line for restoration of status for work permit(LCP) or I have to submitted the documents in mail?

I have tried to process on line and it did work_I choose" Apply for Work Permit Extension" category and wonder if it is a correct option for my case.

Thanks for assistance.

Vic

 

[PMM]

HI

job-seeker you are the best help keep up the good job.

one more question if you have a room for me lol,this time is different as i am preparing an application for permanent residence under CEC and i will appear for an IELTS exam next month.
im wondering if i can send the application right now with the fees reciept that shows my personal informations,date and location of the test along with a cover letter and explain to buffalo that i will forward the test results once recieved(of course once i will get my AOR),i know its risky in case i will fail the exam?
anyone have done this before,with succefull experience?please let me know asap.
thanks

No, you can't you have to submit a complete application.

 

[rjessome]

Within couple days I should be received the LMO from HRSD. The question is_Can I apply on line for restoration of status for work permit(LCP) or I have to submitted the documents in mail?

I have tried to process on line and it did work_I choose" Apply for Work Permit Extension" category and wonder if it is a correct option for my case.

You can apply online but you must choose Extension AND Restoration. It should tell you that when you go through the process and enter the expiry date of your old permit. You will have to pay both fees as well.

 

[hardwokerAngel]

Here is my case background:
My work permit expired on 30March2011. I applied for an extension on 22March2011 and have been in 'implied status' till now. I got a response from CIC on 26July2011 that my work permit extension has been refused as they need Labour Market Opinion (FYI, my prospective employer didn't send an LMO along with the application for extension as my job category was originally exempt from LMO when my intial work permit was applied and received). The refusal letter stated the follwing:
"My temporary resident status expired on 20Jul2011. Please consult the section "Restoration of Status' in the application guide: "Applying to change conditions or extend your stay in Canada" with fees $350."

My Questions:
1. From the fees ($350), I understand that it is for both restoration ($200) and work permit ($150). But to apply for work permit extension, I'll have to get the LMO which will take atleast more than 75 days (~). That means I'll have to wait towards the end of 90 days (~October first week) to apply for the work permit restoration when the LMO gets ready. But then I'll be out of status until Oct first week. What should I do immediately to stay in status?

2. I don't clearly understand what they mean by ‘Restoration of Status'.
Does that mean if I apply for restoration of status, I can stay in Canada as a temporary visitor while my LMO is getting ready?

3. Can I do just the restoration of status (paying fees $200) for now to stay in status and then do send the work permit extension (paying $150) when my prospective employer is ready with the LMO towards Oct first week?

4. In the ‘Application to change conditions, extend my status or remain in Canada' (IMM1249e.pdf), which section among the following should I select for the very first question - I'm applying for?: Just D (or) Both C and D (or) Both D and E (or) C, D and E
Options Info:
C: An initial work permit or extension of work permit
D: Restoration of temporary resident status as a visitor, student or worker
E: Another temporary resident permit. Include 2 passport photos

Thanks very much in advance to all those who can offer some guidance on these!
I would like to take some actions immediately to stay in status.

As far as I understand about RESTORATION is for those who has not completed the Live-in caregiver Program and there Visa is expired they are allowed for 90 days to restore thier status, within 90 days they must find an employer so that they can start all over again. But if you do completed your 24 months as a caregiver, you are not allowed to make an "Restoration" as you are entitled to become a resident here already, all you have to do is to wait until you recieve your Open Work Permit?Permanent Resident Status or Find a new employer so that you can have another new working permit.(anyway all my papers are expired too since april 2011, and all i have to do is to wait)

 

[job_seeker]

Note that not all members posting here are under the live in caregiver program. The OP is probably under one of the IT categories, considering when s/he initially applied for the WP, there were no need for a LMO. It is okay that one's visa is expired but one has the valid WP or VR (for visitors), but once the WP or VR expires, the person is out of status and thus needs to apply for the restoration of status.

To the OP:

Ask your employer to follow up on the LMO application. You can probably send your application for restoration and WP and include cover letter/s (you and your employer's) that a LMO application is in process. For Q4: C and D

As far as I understand about RESTORATION is for those who has not completed the Live-in caregiver Program and there Visa is expired they are allowed for 90 days to restore thier status, within 90 days they must find an employer so that they can start all over again. But if you do completed your 24 months as a caregiver, you are not allowed to make an "Restoration" as you are entitled to become a resident here already, all you have to do is to wait until you recieve your Open Work Permit?Permanent Resident Status or Find a new employer so that you can have another new working permit.(anyway all my papers are expired too since april 2011, and all i have to do is to wait)

 

[TorontoWorkPermit]

Thanks to Job_Seeker for your suggestions. Thanks to Victoria11 and others for your thoughts on this topic.
I confirmed with CIC Center that if I apply for restoration and send the proof of my employers LMO application, CIC will wait for LMO status. The concern is they'll close the restoration application from 2 months after the date on which they receive the application. The LMO application has to be processed and HRSDC confirmation has to be sent within this 2 months timeframe (I called CIC call center several times and everyone stated the same timeframe). But my employer has to start the LMO process and it might take more than 3 months time (including 2-4 weeks advertisement, 4-8 weeks of LMO processing time). So my chances of getting the restoration is very slim.

And I was shocked to realize another fact. Since my work permit extension application was refused for not having an LMO, when i apply for the restoration of the WP, they will start the processing from scratch which means it'll take 135 more days to know the status. So if i look at the overall time, it'll be 7-8 months that I'll have to wait and then start working once I receive the work permit.
So my plan is to go back to India and work there for this short term and then come back when I can get a new work permit.
I would like to continue staying in Canada for 1-2 months to relax and then leave. I have maintained my legal status here so far and stopped working from the date I have received the refusal letter (for the extension). I would like to maintain my legal status for 2 more months.

1) Can I do the restoration to visitor status, for a couple of months? Is it allowed to convert (restore) from work permit to visitor status? Please note that my work permit is expired now and I would like to get a valid status to stay for 2 months for relaxing and then to leave back home.
2) How long will this process for restoring to visitor status take?

Thanks again for all the suggestions and kindness to help.

 

[job_seeker]

You can send an application for restoration (as a visitor), pay the $200.00 and wait out the response from CPC-V or leave when as you say your 2 months rest is over. Keep copies of your receipts. Why so long a processing time? 2 weeks for the recruitment effort, a strong justification when they send the LMO and once the LMO app has been sent you can send your own WP app.

Thanks to Job_Seeker for your suggestions. Thanks to Victoria11 and others for your thoughts on this topic.
I confirmed with CIC Center that if I apply for restoration and send the proof of my employers LMO application, CIC will wait for LMO status. The concern is they'll close the restoration application from 2 months after the date on which they receive the application. The LMO application has to be processed and HRSDC confirmation has to be sent within this 2 months timeframe (I called CIC call center several times and everyone stated the same timeframe). But my employer has to start the LMO process and it might take more than 3 months time (including 2-4 weeks advertisement, 4-8 weeks of LMO processing time). So my chances of getting the restoration is very slim.

And I was shocked to realize another fact. Since my work permit extension application was refused for not having an LMO, when i apply for the restoration of the WP, they will start the processing from scratch which means it'll take 135 more days to know the status. So if i look at the overall time, it'll be 7-8 months that I'll have to wait and then start working once I receive the work permit.
So my plan is to go back to India and work there for this short term and then come back when I can get a new work permit.
I would like to continue staying in Canada for 1-2 months to relax and then leave. I have maintained my legal status here so far and stopped working from the date I have received the refusal letter (for the extension). I would like to maintain my legal status for 2 more months.

1) Can I do the restoration to visitor status, for a couple of months? Is it allowed to convert (restore) from work permit to visitor status? Please note that my work permit is expired now and I would like to get a valid status to stay for 2 months for relaxing and then to leave back home.
2) How long will this process for restoring to visitor status take?

Thanks again for all the suggestions and kindness to help.

 

[TorontoWorkPermit]

Thanks Job_seeker.
Do you think i can apply for the restoration and change of status to visitor status by ONLINE?

 

[job_seeker]

There's no harm in trying. No experience applying online. If you can manage to attach all the files required for you to file your restoration online then do so. But personally, you're better off sending by mail (with tracking info). Longer processing time, hence you can say later on that you applied for restoration but left before you got a response from them.

Thanks Job_seeker.
Do you think i can apply for the restoration and change of status to visitor status by ONLINE?

 

[tindiazqureshi]

Thanks to Job_Seeker for your suggestions. Thanks to Victoria11 and others for your thoughts on this topic.
I confirmed with CIC Center that if I apply for restoration and send the proof of my employers LMO application, CIC will wait for LMO status. The concern is they'll close the restoration application from 2 months after the date on which they receive the application. The LMO application has to be processed and HRSDC confirmation has to be sent within this 2 months timeframe (I called CIC call center several times and everyone stated the same timeframe). But my employer has to start the LMO process and it might take more than 3 months time (including 2-4 weeks advertisement, 4-8 weeks of LMO processing time). So my chances of getting the restoration is very slim.
Hi torontoworkpermit,

My husband had the same situation as yours. His company is now applying for his LMO, however, it will take time and now, he has to apply Restoration of status as Visitor through paper application. Do you have any info, if he could leave Canada while waiting for his restoration? Coz he plans to go India as well.

And I was shocked to realize another fact. Since my work permit extension application was refused for not having an LMO, when i apply for the restoration of the WP, they will start the processing from scratch which means it'll take 135 more days to know the status. So if i look at the overall time, it'll be 7-8 months that I'll have to wait and then start working once I receive the work permit.
So my plan is to go back to India and work there for this short term and then come back when I can get a new work permit.
I would like to continue staying in Canada for 1-2 months to relax and then leave. I have maintained my legal status here so far and stopped working from the date I have received the refusal letter (for the extension). I would like to maintain my legal status for 2 more months.

1) Can I do the restoration to visitor status, for a couple of months? Is it allowed to convert (restore) from work permit to visitor status? Please note that my work permit is expired now and I would like to get a valid status to stay for 2 months for relaxing and then to leave back home.
2) How long will this process for restoring to visitor status take?

Thanks again for all the suggestions and kindness to help.

Hello, my husband had the same situation as yours. His company is processing his LMO, however it will take time and has no option but to apply restoration of status visitor through paper application. He has to wait 5 to 6 months (processing time for paper application) for the result but can he leave Canada and come back once result is there?

 

[rjessome]

You can apply for restoration and a change of conditions from worker to visitor through Vegreville either by paper or online. But keep in mind that once you apply to become a visitor and if a new LMO is issued, you must apply for a new work permit to an embassy or consulate OUTSIDE of Canada. You cannot make the change back from visitor to worker by applying through Vegreville again.

 

[tindiazqureshi]

You can apply for restoration and a change of conditions from worker to visitor through Vegreville either by paper or online. But keep in mind that once you apply to become a visitor and if a new LMO is issued, you must apply for a new work permit to an embassy or consulate OUTSIDE of Canada. You cannot make the change back from visitor to worker by applying through Vegreville again.

hi RJESSOME,

thanks for the reply. Yeah I guess we have to go buffalo to get his workpermit. But what are the chances of getting approved for restoration as visitor? Any idea? Or what are the causes of rejections? I need your opinion and thanks in advance for the reply.

 

[kunal09]

Here is my case background:
My work permit expired on 30March2011. I applied for an extension on 22March2011 and have been in 'implied status' till now. I got a response from CIC on 26July2011 that my work permit extension has been refused as they need Labour Market Opinion (FYI, my prospective employer didn't send an LMO along with the application for extension as my job category was originally exempt from LMO when my intial work permit was applied and received). The refusal letter stated the follwing:
"My temporary resident status expired on 20Jul2011. Please consult the section "Restoration of Status' in the application guide: "Applying to change conditions or extend your stay in Canada" with fees $350."

My Questions:
1. From the fees ($350), I understand that it is for both restoration ($200) and work permit ($150). But to apply for work permit extension, I'll have to get the LMO which will take atleast more than 75 days (~). That means I'll have to wait towards the end of 90 days (~October first week) to apply for the work permit restoration when the LMO gets ready. But then I'll be out of status until Oct first week. What should I do immediately to stay in status?

2. I don't clearly understand what they mean by ‘Restoration of Status'.
Does that mean if I apply for restoration of status, I can stay in Canada as a temporary visitor while my LMO is getting ready?

3. Can I do just the restoration of status (paying fees $200) for now to stay in status and then do send the work permit extension (paying $150) when my prospective employer is ready with the LMO towards Oct first week?

4. In the ‘Application to change conditions, extend my status or remain in Canada' (IMM1249e.pdf), which section among the following should I select for the very first question - I'm applying for?: Just D (or) Both C and D (or) Both D and E (or) C, D and E
Options Info:
C: An initial work permit or extension of work permit
D: Restoration of temporary resident status as a visitor, student or worker
E: Another temporary resident permit. Include 2 passport photos

Thanks very much in advance to all those who can offer some guidance on these!
I would like to take some actions immediately to stay in status.

With the work permit application you can include your file no. of LMO application and attach confirmation letter, which will make them wait till you LMO result has been issued, then you have to notify them LMO result

 

[tindiazqureshi]

With the work permit application you can include your file no. of LMO application and attach confirmation letter, which will make them wait till you LMO result has been issued, then you have to notify them LMO result

Thanks for the reply Kunal09, but what if the LMO turns out negative? What is the next step? Because, what we plan, my husband applies for Restoration Visitor then apply in Buffalo for work permit once LMO is granted. Because his LMO might be negative. Usually, how many days LMO is being issued? Thanks in advance!