Urgent Advice--Process for restoration of expired work permit

[Priya1212]

Hi,
I came to Canada on work permit in Nov 2010 (this was valid till Nov 2011). I joined a new company in Oct 2011. Because of some miscommunication this new company has still not applied for my work permit. And now earlier work permit has expired in Nov 2011.

I reffered to the CIC website and could find following 2 options:
1. Leave Canada.
2. Apply for restoration of status.

I have following doubts regarding the options mentioned above:
1. According to the CIC website I can exit Canada smoothly as it has no exit control. Is this correct? And if I come back to Canda in a 1-2 months on visitor's visa or after 3-4 months with a work permit, will there be any issues?

2. If I apply for restoration of status now, what are the chances of success as the CIC website clearly mentions "there is no guarantee that your application will be accepted"

Please provide guidance on this.

Thank you in advance.

Priya

 

[job_seeker]

Your company does not have the responsibility to apply a work permit for you. It is you who applies for the work permit and only start working for them once you have the WP. They have to apply for a LMO though before you can apply for a WP.

Hi,
I came to Canada on work permit in Nov 2010 (this was valid till Nov 2011). I joined a new company in Oct 2011. Because of some miscommunication this new company has still not applied for my work permit. And now earlier work permit has expired in Nov 2011.

I reffered to the CIC website and could find following 2 options:
1. Leave Canada.
2. Apply for restoration of status.

I have following doubts regarding the options mentioned above:
1. According to the CIC website I can exit Canada smoothly as it has no exit control. Is this correct? And if I come back to Canda in a 1-2 months on visitor's visa or after 3-4 months with a work permit, will there be any issues? Canada has "No exit controls", but does the country you're going to, stamp your passport upon arrival or not? If the country you're going to does stamp passports of its citizens, then you're okay, else there would be a "trail" that would be on your passport.

2. If I apply for restoration of status now, what are the chances of success as the CIC website clearly mentions "there is no guarantee that your application will be accepted" Has a LMO been applied in your favour? You have a higher chance at getting approved for restoration of status with a valid LMO together with your application for WP.

Please provide guidance on this.

Thank you in advance.

Priya

 

[Priya1212]

Hi job_seeker,

Thank you for the prompt reply and advice

1. Regarding leaving canda:
I was going through this web site justlanded.com where it is mentioned as

Unlike some countries, Canada has no exit controls. That means, when you leave Canada, you will not be inspected by Canadian immigration officials who might discover your overstay in Canada.

However, should you come back to Canada, this may be discovered since border officials may be able to discover your previous overstay here by simply counting the days between your last admission to Canada and the next date in which you entered another country as evidenced by a port stamp in your passport. This could easily complicate your re-entry to Canada as the officer might conclude that you are not likely to comply with any time limits that might be imposed on your stay.

I am from India my passport will be stamped when i will go there.Just referring to the above text, if my re-entry will be smooth or not?

2. My LMO has been filed and I will get it by Mid of Dec 2011.

Thank you in advance

Priya

 

[job_seeker]

If you have enough time (within the 90 day period after your status expired), when your positive LMO comes, then send the WP application together with the application for restoration. Applying within Canada would be a better choice than waiting out the LMO outside Canada then applying at a visa office in India (though you can always send a letter explaining why you overstayed in case you decided to leave Canada and then re enter)

Hi job_seeker,

Thank you for the prompt reply and advice

1. Regarding leaving canda:
I was going through this web site justlanded.com where it is mentioned as

Unlike some countries, Canada has no exit controls. That means, when you leave Canada, you will not be inspected by Canadian immigration officials who might discover your overstay in Canada.

However, should you come back to Canada, this may be discovered since border officials may be able to discover your previous overstay here by simply counting the days between your last admission to Canada and the next date in which you entered another country as evidenced by a port stamp in your passport. This could easily complicate your re-entry to Canada as the officer might conclude that you are not likely to comply with any time limits that might be imposed on your stay.

I am from India my passport will be stamped when i will go there.Just referring to the above text, if my re-entry will be smooth or not?

2. My LMO has been filed and I will get it by Mid of Dec 2011.

Thank you in advance

Priya

 

[Priya1212]

Thank a lot job_seeker....

Will probably wait for the LMO and teh apply for WP n restoration of status...