restoration of status-working legal?

[sambo89]

Hi everyone.

I have been working here on a Working Holiday Visa for the past year. I got a job, and then applied to extend my stay online before the expiry date on my Visa. However, As I had to submit the documents without an LMO, I selected the option - My Boss Has Applied But I Have Not Received It Yet- as that was the case. I assumed I would be contacted when they got round to processing my extension about this. I carried on working under Implied Status while this was processing.
There was some difficulties with the LMO however, (sending in Wrong form, getting it back, sending in, back, waiting ..etc) and so I never got one. My boss is still in the process of sending it in again.
I have just received a message (Sept 9 2011) from the immigration office stating my extension claim was denied because of the lack of a LMO, and stating my status expired on 31 Aug 2011.

Question time:

A) I understand I have to restore my status before 90 days. To do this, all I need to do is complete the extending my stay form, pay the fees, plus restoration fee, and submit a valid LMO. IS THIS CORRECT?

and B) IMPORTANTLY- can I work while I wait under implied status, or because my status expired, am I out of luck?

ALSO- I am here because of my girlfriend. We have been together over a year now, would De-facto with her be a better route to being able to stay? Probably still have issues about being able to work while it is in process though.

I feel like the Govt. here does everything in it's power to make this as hard as possible. They affect businesses that employ us foreigners, not just the foreigner! Surely if they give you the option to submit a form without the LMO by clicking My Boss Has Applied But I Have Not Received It Yet, they should contact you asking if you have received it yet before declining you? They do state they will email if extra documents are needed after all.
And ending someones status before informing them their application is declined, and then not allowing them to work while they try restore status, isn't much help is it? 3-4 months is a long time waiting for work.
This last paragraph is not important I'm just venting!
Any help would be greatly appreciated, I am 90% sure of the answers to my questions, I just can't find it written down plainly on any Govt. site (they are absolutely terrible). And if anyone who works for the Govt. takes pity on a poor young man and can help my case out, I will always have a bed in New Zealand where you can stay! ( Not a bribe, just saying).

Thanks guys

 

[oneeuropean]

Hello

I have almost the same problem than you!

I came to Canada last year as a postdoctoral researcher from Spain one year ago. I did not have any problem with my Work Permit then. I sent my application for a Work Permit Extention on August 19. My Work Permit expired November 1. I received a letter November 10 telling me that it was refused...for the following reasons:

you did not complete all of the required fields on your application.

They did not tell me what I did wrong!! Looking for i have seen that the salary was not written in the offer letter of my employee because it was written same conditions that actually! Well...I dont know if it was for that o for what else!

I lost my status and I have 90 days to apply again for the status. Actually I dont know what I did wrong and I will speak tomorrow with Human Recourses because I cannot be here without working at all. Overall, how can we stay in Canada without a Healt Insurance Plan???

I have never heard about the LMO. What is that?

 

[scylla]

An LMO is a Labour Market Opinion. See here for the basics:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

 

[edwardh]

you're out of luck. i called CIC becaus of the exact same thing. the agent said from the date specified of when the temporary resident status expired until the day the status is actually restored, one is not allowed to work.

considering that the restoration application alone takes about three months to process and one might even have to get an LMO before that, that's pretty awesome...
i by the way just vented about this whole process myself in a thread right next to this one. if you ask your boss to keep you in the loop about all his dealings with HRSDC, you'll probably hear even more horrific details (as i have over last couple of weeks). it really does seem to me like they're desperately trying to keep foreigners out. at least the skilled ones. i've heard plenty of shady stories ever since i moved here - but those usually involved working class people who stuck inside their own little culture circles. seems like these background deals are a lot more reliable than getting stuff done properly and based on professional merits. of course its not exactly recommendable to get mixed up in such a milieu regardless... but it is annoying when you know what you can do and see that you're needed but the government doesn't care.

 

[oneeuropean]

Hi

Thanks for all the information. I was in Human Recourses in the university where I work, and they have not seen any similar. They did not know what to do with that, so, they will send all the info to one external consultant (I guess a lawyer of inmigration). Until today, they are paying me, now, they need to have info of this guy. The girl told me that ...seeing the later...it does not look like a long process. After seeing your experience i am totally scared.

i dont know if they try to get out the skilled people, but exactly about that my boss told me that Canada will want to stay me here. I work in research with just national projects in the Department of Mechanical Engineering under a program or NRESC. All this is very strange! I think that my problem it could be that the salary was not written in the offer letter, because my boss just wrote, extension for three months with the same benefits and salary than before. If all this mess is just for that...I guess that they just want to f*** me because they could required me that info on time!

I will keep you updated

 

[oneeuropean]

I forgot to tell that my jobs does not need LMO, I have asked in Human Resources. I dont know if it simplifies the problem

 

[edwardh]

well..,. i don't know what kind of permit you need for your field, maybe you need some other document instead of the LMO that i don't?
but the LMO is the only thing i'm waiting for and the only thing my employer had to get for me.