Visa Expired, Extension rejected

[jaycrew]

Hi all,

I have a situation that needs addressing and was hoping I could get some input from the forum users:

My brother completed his post secondary education in Canada and automatically received a 3 year work permit that expired in September. He has worked for construction company as a project manage for 2.5 years in Edmonton, AB. During this time he has done three things:

1) Applied for an extension on the education based work permit. He was just informed that this application was rejected and that he has 90 days to apply for restoration.

2) Applied for permanent residence through federal skilled worker program and has been rejected. Subsequently he applied through the provincial nominee stream and is currently awaiting nomination.

3) Applied for an LMIA through the company but it doesn't seem like it will be a successful application due to the common nature of his role.

Have we exhausted all options or is there something we can do for him to remain in Canada with his current employer.

Thank you all for your help.

 

[scylla]

Hopefully he stopped working as soon as the work permit extension was refused. If not, he needs to stop working immediately since he's working illegally and this could create even bigger problems than he has today.

If he wants to begin working again, he will need to obtain an approved LMIA from his employer and then apply for a closed work permit.

 

[jaycrew]

Thank you. We were under the impression that there is a 90 day period to apply for restoration. Is he not eligible to work the 90 days ?

 

[scylla]

Thank you. We were under the impression that there is a 90 day period to apply for restoration. Is he not eligible to work the 90 days ?

Yes - he has 90 days to apply for restoration. (Right now he's out of status and he has 90 days to submit an application to restore his status.) However he certainly cannot work during this period. He needs to stop working immediately (he should have stopped as soon as the extension was refused). The longer he works illegally the greater the chances he's going to run into issues successfully restoring his status. If CIC determines he's working illegally, he can expect to be told to leave Canada and also told he's banned from applying for a new work permit for six months (due to the illegal work).

 

[jaycrew]

Hi,

Yesterday was my brother's last day in the company and he has been officially terminated because of his status in Canada. We are now searching for options..

As mentioned we have 90 days to apply for restoration, however the comapny has advised us that his LMIA will almost cerrtainly get rejected due to over 100 people having applied for his job posting. Applying for restoration will likely not yield a positive result.

Also as mentioned, we are working on him receiving his provincial nomination in AB. The application was sent in Jan and confirmation of receipt was in March 2014.

We have been advised to contact his MP for assistance. We are also seeking everyone's help on this forum as to what else he can do to remain in Canada. His country of citizenship is currently in a state of war (Syria) and we are trying our best to not have him fly back there. He is a Canadian graduate and has almost 3 years work experience as a professional Consultant in a Project Management practice.

Thanks again for your time and help on this.

 

[scylla]

Apply to restore his status and also change his status to visitor. That's the first thing I would do. Assuming the application is approved, this will buy him time and allow him to remain in Canada as a visitor.

Is his AB Nomination dependent on having a job?

 

[jaycrew]

Thanks again Scylla. How would we go about restoring his status to visitor? Also yes i believe that since he applied for provinicial nomination through the employer stream, his application is contingent on him having a job.

We are also looking at applying through CEC and also on humanitarian basis, since his country of origin is in war and the country of previous residence have rejected his application for visit or residency based on his nationality.

Please let me know if you have any thoughts on this or if there are any other options we have overlooked.

Once again, i appreciate your time and input with this.

 

[Patel88888]

i have similar situations. So I think during your restoration if you get AINP you can stay or you can apply again for study permit and you can wait on implied status again and that way you can make your stay longer. I will happy if you get out from this situation. If you are married and if your wife here you can apply her study permit and you can get open work permit depend on her.I also want know that what i can do if you any idea.
I am on PGWP and going to expire in march. I applied for PR and got rejection and put ban for 2 year because of my mistake in question and considered as misrepresentation and passed 1 year already. My employer does not want to LMIA and i cannot find anyone who can apply LMIA for me and eventhough its hard to get it.what i can do?

 

[scylla]

i have similar situations. So I think during your restoration if you get AINP you can stay or you can apply again for study permit and you can wait on implied status again and that way you can make your stay longer. I will happy if you get out from this situation. If you are married and if your wife here you can apply her study permit and you can get open work permit depend on her.I also want know that what i can do if you any idea.
I am on PGWP and going to expire in march. I applied for PR and got rejection and put ban for 2 year because of my mistake in question and considered as misrepresentation and passed 1 year already. My employer does not want to LMIA and i cannot find anyone who can apply LMIA for me and eventhough its hard to get it.what i can do?

You should return home as soon as your PGWP expires. Since you have a 2 year ban for misrepresentation there is nothing you can apply for until the ban is over. You have to wait until another 1 year passes before you can apply for anything again. The ban doesn't just impact PR application - it also impacts work permit and visitor visas. This means that even if you found an employer who could get an LMIA, your work permit would be refused due to the 2 year ban. So again, you need to return home once your PGWP expires. You have no other choice due to the misrepresentation.