restoration of temporary resident status

[user554]

I applied to extend my work permit for the Live -in Caregiver Program but my application was not approved because it was submitted with an outdated LMIA. I was given 90 days to obtain the document and restore my status. Since then, my employer has made three consecutive applications which were refused because they were not done properly. My employer was told that the last application had all the required documents but the adds were not thrown out to all the targeted people who have the first preference of the job; as such, he was told to make another application which will exceed the given time to regain my status. I have seven days left to restore my status but I am unable without the LMIA. What do I do in this situation?

 

[canuck_in_uk]

I applied to extend my work permit for the Live -in Caregiver Program but my application was not approved because it was submitted with an outdated LMIA. I was given 90 days to obtain the document and restore my status. Since then, my employer has made three consecutive applications which were refused because they were not done properly. My employer was told that the last application had all the required documents but the adds were not thrown out to all the targeted people who have the first preference of the job; as such, he was told to make another application which will exceed the given time to regain my status. I have seven days left to restore my status but I am unable without the LMIA. What do I do in this situation?

Restoration as a visitor. Have you been working since your refusal?

 

[user554]

yes, I am still with the same employer and have not yet completed the 90 days extension. I was told by my immigration consultant that it is ok because I am on implied status.

 

[canuck_in_uk]

yes, I am still with the same employer and have not yet completed the 90 days extension. I was told by my immigration consultant that it is ok because I am on implied status.

Your consultant is an idiot. If the extension was refused and you were told to apply for Restoration, you have no status and are working illegally.

 

[user554]

I am really frustrated. There have been so many errors in the processing of this application. First, the immigration consultant told us we didn't need a new LMIA, and so the application for the extension of my permit was refused, then he emailed us the wrong form to apply for the LMIA. This we didn't find out until three weeks after. is it possible to apply for another extension, and if so, how do I go about doing it? I have written a letter to immigration outlining my delay in restoring my status. I have two teenage kids to support who I have not seen in two years and would like to go home and see them but what good am I to them if I am unemployed? I need help

 

[canuck_in_uk]

I am really frustrated. There have been so many errors in the processing of this application. First, the immigration consultant told us we didn't need a new LMIA, and so the application for the extension of my permit was refused, then he emailed us the wrong form to apply for the LMIA. This we didn't find out until three weeks after. is it possible to apply for another extension, and if so, how do I go about doing it? I have written a letter to immigration outlining my delay in restoring my status. I have two teenage kids to support who I have not seen in two years and would like to go home and see them but what good am I to them if I am unemployed? I need help

You have no status in Canada. You can apply for Restoration as a visitor but given that fact that you appear to have been working illegally for months and must disclose that, your chances of approval are low. If refused, you will have no option but to leave Canada.

 

[user554]

Thanks, a lot for the advice. I will try to restore my status as a visitor. Hopefully, I will be successful.

 

[jailika]

Hi,

Please help. We are in same situation.
Our nanny application was not approved because it was submitted with an outdated LMIA. We are given 90 days to obtain the document and restore status.we have 80 days left to restore her status. We will start with the new LMIA process and then she will apply for new work permit....My question is what if the whole process doesn't finish is next 80 days ? Does she need to leave ? Or can she stay in country till the the LMIA is in process ? After approved LMIA only she can apply for wp..LMIA takes time what if the LMIA is not approved in next 80 days...what best we should do for the things to get sorted easily...please guide.

 

[canuck_in_uk]

Hi,

Please help. We are in same situation.
Our nanny application was not approved because it was submitted with an outdated LMIA. We are given 90 days to obtain the document and restore status.we have 80 days left to restore her status. We will start with the new LMIA process and then she will apply for new work permit....My question is what if the whole process doesn't finish is next 80 days ? Does she need to leave ? Or can she stay in country till the the LMIA is in process ? After approved LMIA only she can apply for wp..LMIA takes time what if the LMIA is not approved in next 80 days...what best we should do for the things to get sorted easily...please guide.

An LMIA has nothing to do with status. She should apply for Restoration as a visitor if the LMIA is going to take longer.