Trouble in Work permit extension application with CIC and Restoration

[DK84]

Guys, I just have been nominated by SINP. I made an work permit extension application on November 10, 2012 without any LMO or PNP but attached my full time employment letter and mentioned that I have applied for SINP and waiting for nomination. On December 6, 2012 my post graduate work permit expired and on the same day (6th Dec) I received my SINP nomination later in evening. Next day I called CIC and they said I need to restore my status with new application based on nomination irrespective of the one I made earlier, I made new extension application on 15th december 2012. Now trouble is when I called CIC today they say that, my first application on 10th Nov will surely get rejected as it was made only to get implied status and as soon as I hear decision, I need to stop working till my second one (15th december, 2012) gets approved.

There is big gap between my two applications of more than a month and I can't stop working as I work for big organization, its not matter of time or money but my committment and trust to my employer as I wont loose much but the organization would suffer in terms of work as its management work and I will have big questionmark over my future in terms of immigration and employment.

Please advise what should I do ?? I am in big trouble as I spoke to both CIC and SINP but no one is ready to help.

 

[Supertramp048]

It seems like there is nothing much can be done (unless someone suggests it to you) about CIC situation other than to wait.....But you can talk to your compnay and volunteer there for the period CIC is asking you to quit the work.....Thats what I can think of dude

 

[JCS]

Maybe you could call CIC and ask to cancel both applications and then go to north portal on a day off to get your work visa. Takes about 15 minutes to get your work permit there. That's what I did and most other people who were on a time crunch. I don't know if you could go there without trouble as you applied online twice therefore my sugestion to call CIC and ask.

 

[chimbombo]

Hi

I was in a similar situation as you. The difference was at that time I was waiting for the out-off campus work permit to start working in the company that I'm still working until today. This happened in 2010.

My only option to keep my employment was to sacrifice, talk with my manager and work for free for almost 3 months until I received the off campus work permit. I have been employed since then.

At least during that period. They gave me gift cards for the super store. So, I could buy food.

 

[DK84]

JCS..Can you please advise me where is North Portal located ? I am in Regina, Saskatchewan and pretty much unfamiliar with these things. I called CIC but 2 back to back days with 2 different call centre agents but they don't even reply properly. I requested them to keep my both application fees but combine my both applications for approval but they say that can't be done and I have to stop work as soon as my 1st application gets rejected. I am fine to do volunteer work but I don't know my employer would agree or not. CIC says sometimes if you are lucky, verification officer may contact you and ask you to submit supporting document such as LMO or PNP if you did not submit initially but it all depends on case to case. I am still ready to go to North Portal or other place if I can get rid of this issue. Please let me know. Thanks a lot !

 

[DK84]

Thanks guys for your advises...Can I work volunteer legally ? I am not sure but at the same time scared a little bit.

 

[shahzad2002]

JCS..Can you please advise me where is North Portal located ? I am in Regina, Saskatchewan and pretty much unfamiliar with these things. I called CIC but 2 back to back days with 2 different call centre agents but they don't even reply properly. I requested them to keep my both application fees but combine my both applications for approval but they say that can't be done and I have to stop work as soon as my 1st application gets rejected. I am fine to do volunteer work but I don't know my employer would agree or not. CIC says sometimes if you are lucky, verification officer may contact you and ask you to submit supporting document such as LMO or PNP if you did not submit initially but it all depends on case to case. I am still ready to go to North Portal or other place if I can get rid of this issue. Please let me know. Thanks a lot !

http://www.cbsa.gc.ca/contact/listing/offices/office604-e.html

 

[SenoritaBella]

I think the call centre agents may have given incorrect advice and this is my reasoning:

1. Application on Nov 10, 2012 gave you implied status until a decision is made. You did not submit a LMO or PNP with it. CIC allows people to submit an extension for work permit 2 weeks before it expires if they have proof that the employer has applied for a LMO(fax confirmation, file # from HRDSC, etc) or in your case, proof that you've applied for PNP.

Did you include proof of any of these with the application?

2. If you submitted proof of either a LMO or PNP application, then when you received the SINP, it should have been a matter of providing them with the nomination number or certificate. This would have been added to your application and your implied status continues.

3. You did not have to apply for restoration on Dec 15, 2012 because no decision had been made on the first application. You still have implied status, remember? The 90 days to restore your status starts WHEN your application is rejected not when your PGWP expires(unless you did not apply for renewal before it expired).

So what can you do?
1. I would call CIC call centre, say you have SINP now and would like to add it to your Nov 10th application. Period.
2. Seek legal advice from an immigration lawyer. You can also ask the lawyer whether to withdraw the "restoration application".
3. Wait for CIC's decision - the call centre agent DOES NOT have a say on a visa officer's decision. They may still approve the Nov 10th application, IF only you can get someone at the call centre to add your SINP information to your file well BEFORE an officer processes the application.

Lastly, if they reject the application, you have to stop working immediately. It is better to take a leave of absence or vacation if you can rather than risk "working" as a volunteer. CIC has been known to make random checks/calls and if you are on the job(even without pay), that is considered illegal work because it's a paid position and therefore prevents a Canadian citizen or permanent resident from filling it. While it may be an inconvenience to your employer, the consequences of being caught will be far greater for you. Besides, an employer can always find a replacement should you have to leave Canada. Keep that in mind.

You have a SINP anyway, so you may go to the nearest border with all the required forms and apply there. Find out whether you need to have a valid multiple entry temporary resident visa to do this(if you are not from a visa-exempt country).

Guys, I just have been nominated by SINP. I made an work permit extension application on November 10, 2012 without any LMO or PNP but attached my full time employment letter and mentioned that I have applied for SINP and waiting for nomination. On December 6, 2012 my post graduate work permit expired and on the same day (6th Dec) I received my SINP nomination later in evening. Next day I called CIC and they said I need to restore my status with new application based on nomination irrespective of the one I made earlier, I made new extension application on 15th december 2012. Now trouble is when I called CIC today they say that, my first application on 10th Nov will surely get rejected as it was made only to get implied status and as soon as I hear decision, I need to stop working till my second one (15th december, 2012) gets approved.

There is big gap between my two applications of more than a month and I can't stop working as I work for big organization, its not matter of time or money but my committment and trust to my employer as I wont loose much but the organization would suffer in terms of work as its management work and I will have big questionmark over my future in terms of immigration and employment.

Please advise what should I do ?? I am in big trouble as I spoke to both CIC and SINP but no one is ready to help.