Very Expired Work Permit

[anuvadave]

I hope someone can help me!!!
Not sure which path to take but i have applied for PERMANENT RESIDENCY under the PNP scheme
I have done my medical and according to the estimated processing times i should receive my PR in July 2014.
*I have stopped working for the time being

My Problem is i NEVER RENEWED MY WORKING HOLIDAY VISA (i was told i didn't need to as long as i stayed working for the same company) But now i found out i SHOULD have extended it within 90 days of it expiring. So now i cant work or receive benefits.

Should I:
a) Stop working and try to survive off no income for 6+ months till i (hopefully) get my PR approved.
b) Apply for a new working visa (with this form??) cic.gc.ca/english/pdf/kits/forms/IMM5710E.pdf and explain my situation?? Maybe they will try and deport for lack of funds??
c) Leave Canada and re apply from Australia (I could reapply via common law for Australia (11+ months waiting time)
d) Can i leave Canada and wait for my PR to be received from Australia so i can at least work?? - Im pretty sure leaving Canada cancels my PR application.
e) Keep working for the same company without a visa. (I was after-all told that this is what i should do by a service Canada employee!! "My Visa will be extended under my Implied status")

Any info u could provide me with would be very much appreciated!
IM FREAKIN OUT ABOUT THIS!
THX

 

[scylla]

It is illegal for you to continue working. If you do so, you're risking a removal. And right now you're in Canada without status since your work permit has expired. How long ago did your work permit expire? Are you still within 90 days of the expiry date?

Why do you think your PNP application will be refused if you leave Canada? How have you applied for PNP?

You have no chance of being approved for a work permit if you apply now since you have no status in Canada. You'll be refused and asked to leave Canada.

Implied status doesn't apply in your case. Unfortunately you were given bad information.

 

[Blueveia]

Depending on the country you're from you can stay in Canada for a limited time... in my case I can stay legally in Canada for 6 months without any permits or visa... But if they ask you to leave then you probably have to.

Also your case might be difficult cause from what I assume you have no status whatsoever in Canada?

 

[zardoz]

Depending on the country you're from you can stay in Canada for a limited time... in my case I can stay legally in Canada for 6 months without any permits or visa... But if they ask you to leave then you probably have to.

Also your case might be difficult cause from what I assume you have no status whatsoever in Canada?

This is not entirely correct. You have to formally transition from a working visa to a visitor visa. You can't "just stay" in Canada after a working visa expires. When you enter Canada as a visa-exempt national, the stamp in your passport is in effect, a TRV. You just don't have to explicitly apply for one.

 

[scylla]

This is not entirely correct. You have to formally transition from a working visa to a visitor visa. You can't "just stay" in Canada after a working visa expires.

Agreed. As I said in my original post, the OP is now in Canada without status.

 

[canadavisa13]

Hi anuvadave,

unfortunately you ruined it for yourself VERY BADLY.
you have to stop working right away and leave canada very soon since your work permit expired more then 90 days ago and you are no longer eligible for restoration of status at this point.
unfortunately also if they find out and most likely they will that you have overstayed in canada this will HARM your permanent residence application badly,your chances of approval are very low at this point.
so staying in canada or leaving it will both have the same impact of your permanent residence application since you didn't respect the terms of your temporary stay.
i think you should start packing and go enjoy life in australia,also forget about permanent residence now.

merry christmas and happy new year

 

[asdmhee]

I would like to ask what if your working permit was expired last december 21 and the new working permit was renewd 3months before the expiration. But until now there is no letter coming from CIC. As i called to CiC the letter was sent last november 27. My question is do i need to apply for a restoration now? When it wiil start counting the 90 days? Is there any way to know the status of my renewal on my working permit? If it is approved or refused?

 

[cee12345]

I would like to ask what if your working permit was expired last december 21 and the new working permit was renewd 3months before the expiration. But until now there is no letter coming from CIC. As i called to CiC the letter was sent last november 27. My question is do i need to apply for a restoration now? When it wiil start counting the 90 days? Is there any way to know the status of my renewal on my working permit? If it is approved or refused?

As long as you applied before the expiration of your work permit then you should be on IMPLIED status until you receive your decision.
No need to apply for the restoration of status.

 

[asdmhee]

Thank you so much. One last thing, when it will start the counting of 90 days? The date of expiration or the moment I receive the decision? What if until the end of january 2014 I never received a letter from cic?

 

[canadavisa13]

Hi asdmhee,

if you applied for an extension before the expiry date of your work permit then you are on implied status if you get refused then the 90 days restoration period starts from the date they issue a refusal letter.
if your work permit already expired before you apply for an extension then you are not on implied status and you have 90 days from your work permit expiry date to restore your status.

good luck

 

[asdmhee]

Thank you so much. Hope for the best

 

[asdmhee]

Can I ask again? If I decided to apply to other company and they process my LMO and working pwrmit, Do i need to apply my restoration while waiting for my new working permit? What if my extension for working permit will have a decision anytime soon, and same case with my new permit with other company, what will happen to the two working permit? Is there a case that a person can hold a 2 working permit at the same time?

 

[cee12345]

Can I ask again? If I decided to apply to other company and they process my LMO and working pwrmit, Do i need to apply my restoration while waiting for my new working permit? What if my extension for working permit will have a decision anytime soon, and same case with my new permit with other company, what will happen to the two working permit? Is there a case that a person can hold a 2 working permit at the same time?

According to your info, you need to leave either way as you do not have a status. You can not restore post 90 days.
If after 90 days you find an employer and wants to go with the LMO route then that will take at least 2-3 months and you have to apply outside Canada for your Work Permit (It is you by the way who needs to apply for the work permit and not your company).