temporary work permit-restoration-LMO-POE----HELP!!

[jillyk]

Hi, I need some help but my situation is a little complicated so here goes:
Myself and my common law partner were in Canada for 1 yr on a 1 yr working visa. We attempted to 'extend our stay' but did not get a positive LMO in time. After our visa was refused my partner got a positive LMO. We applied for restoration of status within the 90 days, however we had to leave to come home to Ireland before a decision was made. My question is

1/ are we likely to be granted a work permit even though we're not in the country? We elected a family member that's over there as a representative so any correspondence can go to her...

if not

2/ can we fly to Canada with all our documentation and attempt to get a work visa at POE? And again how likely would we be to get it? We both have full time jobs with contracts, a positive LMO for him all the documentation that has been asked of us etc etc.....??

We really need some help here. We submitted our application on July 18th so a decision will not be made until about mid-october.

PLEASE HELP!!
Thanks so much... Jill

 

[pezzodefero]

hello,
i'm in a similar situation, so i called the CIC call center 4 times, everytime i got a different answer:
1 "yes u can"
2 "yes u can but you need to bring with you all the papers"
3 "if you have to leave the country you don't need to restore, as an Italian you don't need a visa, so you can fly back to Canada
and apply for the work visa at the border"
4 "if you apply for a restoration, there are very few possibilities that you can re enter Canada, before you recive the visa from the CIC"


so i ask to speak with a supervisor:
"he told me , they are no Border OFFICER , so nobody can garantee that if you leave the country after the restoration, only the officer at the border can decide!!""
of course the only way to speak with an immigration officer is to go outside the country ,and "TRY" to come back.

i didn't leave Canada yet, and i didn't apply for a restoration yet, i'm still looking for the best way to do, but i think i very "funny" that nobody can give a sure answer.

@jillyk: i don't know if my "answer" helps you, but i courious to read what people on the forum know

gabriele

 

[jillyk]

@Gabriele-- thank you for your reply. Any information is helpful... Even just knowing there are people in similar situations is helpful.

I got all that mixed up info from CIC also before I left Canada, however I knew that I had to leave by a certain date and had no choice... Now I'm in limbo

would really really appreciate if other people on the forum had any info at all.

Thanks...

 

[pezzodefero]

any news Jill?

 

[jillyk]

No.... I'm not sure what to do next. My life is on hold :-(

 

[job_seeker]

You left and so you have complied with the temporary nature of your entry. You can try applying again at the POE with copies of your LMO and receipts paid for the restoration of status. You worked within the system, applied for the restoration to correct your overstay and now have the requirements to be able to re enter and work again. If you're not given the WP at the POE hoping you may be allowed (immigration officers are gods, they control our work/immigration fate ) to re enter as a visitor.

No.... I'm not sure what to do next. My life is on hold :-(

 

[jillyk]

Thank you job_seeker. So we've done everything the right way around then... I suppose that's a relief in itself. So should we wait to see what Immigration come back with? It is due to b processed in the next 20 days.... And if it's negative we should try at POE anyway? I'm just thinking maybe I should book flights when I see they are low as either decision we will try at POE anyway.

So if they let us in as visitors do we just book a flight and come back to Ireland or is there something we can do over there to get a work permit? Also are there financial requirements we would need to meet to show we can support ourselves to be submitted as visitors?

I thank you all for any guidance you can give

Jill

 

[onang_0120]

I sent an application for the renewal of my Open work permit last June 20, 2011 and my application was refused by the CIC.
The call centre from the CIC advise me to re-apply again together with the restoration as my work permit expired last August 31, 2011. I cannot wait for another 3months.
Is it possible to cross the border to have an open permit even if my visa and work permit is expired?
Onang.

 

[job_seeker]

You would be refused entry if you're from one of the countries whose citizens need visa to enter Canada.

I sent an application for the renewal of my Open work permit last June 20, 2011 and my application was refused by the CIC.
The call centre from the CIC advise me to re-apply again together with the restoration as my work permit expired last August 31, 2011. I cannot wait for another 3months.
Is it possible to cross the border to have an open permit even if my visa and work permit is expired?
Onang.

 

[job_seeker]

If you're coming as a visitor, you would have to have a round trip ticket (my opinion, I defer to the more knowledgeable members); you don't need to show as much funds since you would be coming in as a worker as long as you have copies of the contract/LMO with you. Maybe if you can get those refundable tickets or open return flight dates (cost an arm and a leg), then you can refund the unused leg of your ticket.

Thank you job_seeker. So we've done everything the right way around then... I suppose that's a relief in itself. So should we wait to see what Immigration come back with? It is due to b processed in the next 20 days.... And if it's negative we should try at POE anyway? I'm just thinking maybe I should book flights when I see they are low as either decision we will try at POE anyway.

So if they let us in as visitors do we just book a flight and come back to Ireland or is there something we can do over there to get a work permit? Also are there financial requirements we would need to meet to show we can support ourselves to be submitted as visitors?

I thank you all for any guidance you can give

Jill

 

[jillyk]

@Onang, may I ask on what grounds your visa was refused?
You can check out the list of countries that need and don't need visas to enter Canada on the CIC website it's pretty easy to find

@jobseeker, yea the return flight would b a problem as very few are refundable and as u say the open ended ones are extortionate prices! I wonder would anyone be able to tell me if I could show proof of funds to pay for a return ticket would it do the same job?

It's so strange to me that there isn't a firm code of conduct for this kind of situation!!! Frustrating

 

[onang_0120]

My application of open work permit was refused not my visa. (work,study, & visit permit is different from Temporary resident VISA). I am from the Philippines. I`m not from the country that is visa exempt.
I applied for an Open work permit thru ONLINE sent last June 20, 2011 but it was refused due to lack of supporting documents. On the confirmation of my application online they send me It was written there that they will notify me if they need more information and documents from me but I was surprised that they just send me a refusal letter. Now I have to re-apply and wait for 74 days for the result of my open Work Permit. I call the CIC If its possible to cross the border to apply for the OWP they told me that I can do that but it will be risky because the decision will be in the Immigration officer of the border.

 

[jillyk]

Work permit not visa, sorry

that's harsh that they did not notify you that you needed more documentation. I read that if they needed something else that they would email and that you have 2 weeks to submit them. Can you fight the decision on the grounds that you were not notified?

Yes applying at the border as you can see from posts above seems to be very uncertain...

 

[onang_0120]

I was not able to ask CIC if i can appeal on their decision.

 

[jillyk]

Can anyone help us in regards to this matter? It seems unfair to me. If it happened to me I'd be very annoyed...

Can you appeal a decision made by CIC if their rejection was unfair as such? Failing to be notified of additional documentation required seems unfair to me...