Restoration of Status

[PJR3055]

Hi ,

Wondering if i could get any suggestions on restoring my status. My employer filed for an LMO in the month of july prior to 15 days of my status expiry. My workpermit was expired on July 30th and the same day CIC received my application for work permit extension.

I have applied for my work permit extension with out an LMO, assuming that i would get my LMO before CIC people open my application of work permit extension then after i could submit it.

On October 1st i received a refusal letter for my extension as i havent included my positive LMO with the application. On letter it is stated that i have 90 days time to restore my status from the date of my status expired. I believe this statement mentioned is worng as i have applied for my workpermit and i was waiting for a decision to be made, that means i was in implied status till i got the letter( OCt 1st). Correct me if im worng, as per my assumption, i have time till Dec to restore my staus ??

If im eligible to restore my status, will it be good if i go as a visitor or student. I have seen this kind of situation to some guy earlier on this forum but, i dont know how he is ended up!!!

LMO decision is not done yet and i was in a hope that i would get it by early november but of no luck. What are the chances of changing my status as a student if get any acceptance letter.Thanks in advance.

 

[PMM]

Hi

Hi ,

Wondering if i could get any suggestions on restoring my status. My employer filed for an LMO in the month of july prior to 15 days of my status expiry. My workpermit was expired on July 30th and the same day CIC received my application for work permit extension.

I have applied for my work permit extension with out an LMO, assuming that i would get my LMO before CIC people open my application of work permit extension then after i could submit it.

On October 1st i received a refusal letter for my extension as i havent included my positive LMO with the application. On letter it is stated that i have 90 days time to restore my status from the date of my status expired. I believe this statement mentioned is worng as i have applied for my workpermit and i was waiting for a decision to be made, that means i was in implied status till i got the letter( OCt 1st). Correct me if im worng, as per my assumption, i have time till Dec to restore my staus ??

If im eligible to restore my status, will it be good if i go as a visitor or student. I have seen this kind of situation to some guy earlier on this forum but, i dont know how he is ended up!!!

LMO decision is not done yet and i was in a hope that i would get it by early november but of no luck. What are the chances of changing my status as a student if get any acceptance letter.Thanks in advance.

1. Re-read the letter. You had 90 days from the 30th of July to restore your status. It would appear you are too late.
2. You have to leave, as you have no status.

 

[Reyan619]

Hey there PMM,
Same is my situation. I got refusal of work permit on 7th October. I called up CIC. They told me that I have time till 7th january to restore my status.

Can't I and this guy apply visitor's visa?

 

[mrFoce]

I've been in this situation as well, however, my employer filed for the LMO 15 WEEKS before expiration of my work permit instead of just 15 days.....
There were huge backlogs at the LMO offices and processing time took a lot longer than expected. When I applied for my work permit I did select the options ' I applied for the LMO but have not got a response yet '. They refused my work permit, because no LMO.

Receiving the refusal letter will strip you from implied status. You'll have no status and 90 days to leave Canada. Believe it or not, my LMO came on day 89 (almost 5+ months after applying) and on day 90 I went to the border to apply for my new work permit. Took me about 20 minutes and had no problems what-so-ever. Although the rejection is noted in the GCMS notes of my PR application, it doesn't have any impact. The reason mentioned was: no LMO.

The government has a program now for processing LMOs in as little as 10 days guaranteed, although your employer has to be pre-approved.
Why did your employer wait so long with filing for LMO. The LMO is valid for 1 year and should have been applied for months before your permit expires.

You're not allowed to work now etc. Once you get the LMO you can easily re-apply. I would suggest to apply at the border, instead of online so you do not have any waiting periods. But do note that if the officer denies your request (LMO is no guarantee at all for a WP), then you might not be able to return to Canada.

 

[sidejacker]

Hi


1. Re-read the letter. You had 90 days from the 30th of July to restore your status. It would appear you are too late.
2. You have to leave, as you have no status.

I disagree with you on this one. He was on implied status from the 30th of July until he received the result of his application on October. You have 90 days to restore your status or leave Canada from the date of the letter.

 

[mrFoce]

I disagree with you on this one. He was on implied status from the 30th of July until he received the result of his application on October. You have 90 days to restore your status or leave Canada from the date of the letter.

He is right, when I was in this status they started counting from the day my work permit originally expired. They did not consider any 'implied' days.

 

[Reyan619]

I completely agree with sidejacker as the call centre executive told me that my work permit got refused on 7th October and I have time till 7th January. Although I applied on 5th July.

 

[sidejacker]

I've been in this situation as well, however, my employer filed for the LMO 15 WEEKS before expiration of my work permit instead of just 15 days.....
There were huge backlogs at the LMO offices and processing time took a lot longer than expected. When I applied for my work permit I did select the options ' I applied for the LMO but have not got a response yet '. They refused my work permit, because no LMO.

Receiving the refusal letter will strip you from implied status. You'll have no status and 90 days to leave Canada. Believe it or not, my LMO came on day 89 (almost 5+ months after applying) and on day 90 I went to the border to apply for my new work permit. Took me about 20 minutes and had no problems what-so-ever. Although the rejection is noted in the GCMS notes of my PR application, it doesn't have any impact. The reason mentioned was: no LMO.

The government has a program now for processing LMOs in as little as 10 days guaranteed, although your employer has to be pre-approved.
Why did your employer wait so long with filing for LMO. The LMO is valid for 1 year and should have been applied for months before your permit expires.

You're not allowed to work now etc. Once you get the LMO you can easily re-apply. I would suggest to apply at the border, instead of online so you do not have any waiting periods. But do note that if the officer denies your request (LMO is no guarantee at all for a WP), then you might not be able to return to Canada.

Sad to say, accelerated LMO program was cancelled last April because of the iGate scandal. If you remember RBC Bank, firing Canadians and doing intracompany transfer from their offshore office in India. In addition, LMO application is no longer free and the advertising requirement is more tedious. An application could take around 3 to 5 months to process.

 

[mrFoce]

Sad to say, accelerated LMO program was cancelled last April because of the iGate scandal. If you remember RBC Bank, firing Canadians and doing intracompany transfer from their offshore office in India. In addition, LMO application is no longer free and the advertising requirement is more tedious. An application could take around 3 to 5 months to process.

Oh, I didn't know they cancelled it. Thanks for that info

 

[PMM]

HI

He is right, when I was in this status they started counting from the day my work permit originally expired. They did not consider any 'implied' days.

Go back read the letter that the OP received from CIC.

 

[sidejacker]

HI


Go back read the letter that the OP received from CIC.

"My workpermit was expired on July 30th and the same day CIC received my application for work permit extension. "
I have applied for a new work permit. Can I stay in Canada if my work permit expires?"

"If a visitor, student or temporary worker applies to extend their status, prior to the expiry of that status, they may legally remain in Canada until a decision is made on the application. In this situation, the person has implied status." In this case PMM you are correct since he missed the opportunity to submit before the expiration. I missed the detail that it was submitted on the day his work permit expired. Then he is out of status and must leave Canada ASAP upon receipt of the letter.

 

[mrFoce]

HI


Go back read the letter that the OP received from CIC.

you are right, I misread that other persons post. OP seems to be without status and the option to restore, which would mean that he or she has no right to be on Canada at this point and could be considered over staying.
He or she should go to the border with the LMO and try to get a new work permit

 

[PJR3055]

Just confirmed with CIC, i have 90 days time to send in application for restoration from the date of letter. LMO is making life horrible, they say all the time under processing but no progress. Any suggestions in change of status, will it be good if go as a student or visitor.

 

[mrFoce]

Just confirmed with CIC, i have 90 days time to send in application for restoration from the date of letter. LMO is making life horrible, they say all the time under processing but no progress. Any suggestions in change of status, will it be good if go as a student or visitor.

LMO is a pain, but that confirmation is good news. These guys seem to be changing the rules way too often. I remember my letter that states that my 'previous' status ended when my work permit expired and I had 90 days from that point to leave Canada. Although in your case where it took them a few months to process your WP, I guess it makes sense that they give you 90 days from the date of the letter. I don't believe I still have my old rejection letter, will try to dig it up and re-read it.

 

[Reyan619]

Can a person apply for visitor's visa when he has been given 90 days of restoration?

In order to apply a fresh lmo...can a person do that?