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Temp worker to live in caregiver, & restoration

cwalters23

Newbie
Mar 18, 2011
2
0
Hello All

I am hoping for some clarification on our situation.

My sis in law is in canada worker as a housekeeper under the TFWP. Her entry visa is expired (Feb 15 2011), and her WP expires April 1 2011.

While in Canada she completed a Health Care Aide (PSW, nursing attendant) course. The course was just less than 6 months full time, so she did not need a study permit. (already had that fight with the visa office in Jamaica, and we won).

So now that she has the appropriate training to qualify under the LCP she will be applying for a new work permit in Los Angeles. (US embassy that does not REQUIRE an appointment, we realize that she may still be called for one). She will not be applying in Jamaica again, as we don't want her to leave the country and possibly not be able to re-enter.

Our confusion comes from the fact that we are still waiting on the LCP lmo, we may or may not have it before her WP expires. If we get it before the WP expires then of course we don;t need to worry about restoration / out of status.

BUT if the LMO doesn't come until after the WP expires, the she will be out of status. We realize that once she is out of status, she will have to apply for restoration. QUESTION, can you apply for restoration at visa office outside canada, or is that strictly an in canada processing thing. If it has to be done in Canada, does she submit the paperwork to vegreville with the $200 fee, wait for an answer, then apply for the new WP in LA. Or can the two processes be completed concurrently?

Also, if anyone has experience in going from the TFWP to LCP your insight on that process is much appreciated.

I would be happy to share insight on the in canada spousal application, as i sponsored my husband from Jamaica after he had been in canada and lost his job.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Why not apply for an extension now (CPC-V) as a visitor. Cite waiting for LMO, WP as the reason for extending. She'd be on implied status. The only thing is she might not be able to leave for the US while her extension app is in process. Also I don't know if the less than 6 months course is honored as the required training because the web site states 6 months care giving training course certificate. If there's any member who has done the same, hope s/he or people in the know comment/s.

cwalters23 said:
Hello All

I am hoping for some clarification on our situation.

My sis in law is in canada worker as a housekeeper under the TFWP. Her entry visa is expired (Feb 15 2011), and her WP expires April 1 2011.

While in Canada she completed a Health Care Aide (PSW, nursing attendant) course. The course was just less than 6 months full time, so she did not need a study permit. (already had that fight with the visa office in Jamaica, and we won).

So now that she has the appropriate training to qualify under the LCP she will be applying for a new work permit in Los Angeles. (US embassy that does not REQUIRE an appointment, we realize that she may still be called for one). She will not be applying in Jamaica again, as we don't want her to leave the country and possibly not be able to re-enter.

Our confusion comes from the fact that we are still waiting on the LCP lmo, we may or may not have it before her WP expires. If we get it before the WP expires then of course we don;t need to worry about restoration / out of status.

BUT if the LMO doesn't come until after the WP expires, the she will be out of status. We realize that once she is out of status, she will have to apply for restoration. QUESTION, can you apply for restoration at visa office outside canada, or is that strictly an in canada processing thing. If it has to be done in Canada, does she submit the paperwork to vegreville with the $200 fee, wait for an answer, then apply for the new WP in LA. Or can the two processes be completed concurrently?

Also, if anyone has experience in going from the TFWP to LCP your insight on that process is much appreciated.

I would be happy to share insight on the in canada spousal application, as i sponsored my husband from Jamaica after he had been in canada and lost his job.
 

cwalters23

Newbie
Mar 18, 2011
2
0
HI job_seeker

Thanks for the quick reply. I have tossed around the idea of applying to CPC-V for the visitor extension, my only concern is whether she would have to wait before going ahead with the visa application in LA, or can that visa app be sent in as soon as she gets all the paperwork and have it processed concurrently while the other app is at CPC-V.

As an aside, i haven't been able to get clear information on 2nd visa's. Is there any way that a visa can be extended from within Canada? I know the WP's can no problem, but what if the FW wants to leave the country for vacation or something but the original visa has expired. Or are visa's strictly done outside Canada?

Many thanks for your thoughts

job_seeker said:
Why not apply for an extension now (CPC-V) as a visitor. Cite waiting for LMO, WP as the reason for extending. She'd be on implied status. The only thing is she might not be able to leave for the US while her extension app is in process. Also I don't know if the less than 6 months course is honored as the required training because the web site states 6 months care giving training course certificate. If there's any member who has done the same, hope s/he or people in the know comment/s.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
The visa can't be extended but the allowed stay can be extended (via a visitor record). When visa expires you have to apply for a new one at a consulate/embassy/visa office outside Canada. If her status expires, she'll pay $200 for the restoration as against a change of status now for $75.00. If she gets a positive LMO and goes to LA for the WP application, she'll be given a TRV (visa as a worker) and she picks up her WP upon entry into Canada.

cwalters23 said:
HI job_seeker

Thanks for the quick reply. I have tossed around the idea of applying to CPC-V for the visitor extension, my only concern is whether she would have to wait before going ahead with the visa application in LA, or can that visa app be sent in as soon as she gets all the paperwork and have it processed concurrently while the other app is at CPC-V.

As an aside, i haven't been able to get clear information on 2nd visa's. Is there any way that a visa can be extended from within Canada? I know the WP's can no problem, but what if the FW wants to leave the country for vacation or something but the original visa has expired. Or are visa's strictly done outside Canada?

Many thanks for your thoughts
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
When she sends the WP/visa application to LA (why so far?) she would have to send a copy of the receipt of her application for extension.

cwalters23 said:
HI job_seeker

Thanks for the quick reply. I have tossed around the idea of applying to CPC-V for the visitor extension, my only concern is whether she would have to wait before going ahead with the visa application in LA, or can that visa app be sent in as soon as she gets all the paperwork and have it processed concurrently while the other app is at CPC-V.

As an aside, i haven't been able to get clear information on 2nd visa's. Is there any way that a visa can be extended from within Canada? I know the WP's can no problem, but what if the FW wants to leave the country for vacation or something but the original visa has expired. Or are visa's strictly done outside Canada?

Many thanks for your thoughts