Hello, there is an option to restore my visitor status and apply for a new work permit at the same time. I’m on a visitor status in Canada and expired and I want to apply to a work permit. Should I get first a visitor record and then apply for the work permit or can I do both things with the option that the website give you to do both things at the same time
Restore my visitor status while get a work permit
- Thread starter lfg2707
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Hi, the thing is that when I answer the question to get the correct forms, I put that I’m a visitor, then I put the expire date and I got asked if I want to restore the status.
When I open the form it gives me 2 options restore my status as a worker and apply to a new work permit.
So I’m confused because the system maybe is understanding that I want to restore status as worker not as visitor.
So my question is: do I have to answer the questions to get to the form that says I’m applying to restore my visitor status and applying to get a visitor record and then answer again the questions and get the other form to change my status to worker, or just do the first one and change directly to worker and mark to restore as a worker?
When did you have a work permit? You cannot restore to a status that you have never had. If you have always been a visitor then you can only restore to visitor. Then you apply for a work permit with valid LMIA.
I had been told as an immigration consultant that I can fill the application to restore my status in the work permit form and tick the option restore my status as a worker. He said that applying to restore as a visitor thatsnt not make sense since I’m applying to be a worker that I can directly apply to restore my status directly as a worker. So idk what to do because I already sent the application. Should at the same time fill a new application to extend and restore my visitor status ?
Ok follow consultants advice but you are not a worker so you cannot restore status to worker since you have never held a work permit. Wait for decision. See the link on restoration rules.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
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Just asking: my visitor record (visitor status) was from feb 2th 2024 to august 8th 2024. I submit my original WP application on feb 10th, so at that time I had status.
Then on August 10th I receive a refusal because the officer said that I have not had a status in Canada.
My question i was not in maintained status ? Did the officer made a mistake ? Should I send a reconsiderarion letter ? Thank you!
Officer made no mistake if file was reviewed after August 8 and you were out of status. You are still out of status if you didn’t restore to visitor which still may be refused.
Your visitor record expired on August 8 so now you are out of status and overstaying. You have to restore status to visitor, and hope it is approved. You cannot “restore” to worker because you have never had a work permit. I gave you the link above and you must restore to status you had which is visitor. Work permit can still be refused for other reasons and the fact that you have overstayed as a visitor. Get a lawyer to help you with this.
This its what the refusal letter said:
X] Persons wishing to obtain or extend a work permit in Canada must satisfy an Officer that they: • have complied with all conditions imposed on their entry; • will leave Canada by the end of the period authorized for their stay; • are not in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act; and • are able to perform the duties and otherwise meet the requirements of the job. Based on careful review of the information and documentation supporting your application, I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. [X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
So the officer rejected because i was technically out of status? All consultants said i was on mantained status IDK what to do at this point.
WHAT TYPE OF WORK PERMIT did you hold previously ?
And how do you qualify for a work permit ?
I didn’t hold any work permit, I’m a visitor who apply to change his status to worker because it’s possible by a public policy in place. I have a positive LMIA with my name and when I applied I had status but when the officer review the application I should had mantained status
You are a visitor who has overstayed. You were also rejected because IRCC doesn’t believe you can do the job. What is NOC? What did you prove you can do the job? You said you were only refused because of not having status but the letter of refusal states otherwise.
You are asked to leave Canada immediately so a departure order. If you don’t leave it may turn into a deportation order. Forget about working. You have bigger issues now.
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