What happens when I am refused a work permit under implied status?

[icecool222]

Hi there,

I got a post graduate work permit which is expiring extremely soon and I am planning to apply for a work permit extension without any LMIA. I know it will be rejected since my 3 year work permit is exhausted. There is a company I know that can help me process the LMIA for a new work permit and they advised me to apply for a extension anyway despite knowing it will get rejected.

I want to know what happens when your work permit is refused due to lack of LMIA? I know that the implied status is lost but are you served with a deportation order or something like that? Can I re-apply again after my refusal with an LMIA or would I have to leave at all costs. And will such risk effect my future visa applications to Canada or effect my current US visa?

Appreciate your responses!!

 

[scylla]

When you work permit is refused you'll have to stop working immediately. At that point you'll be out of status in Canada. You'll then have to apply to restore your status in addition to applying for the work permit (this assumes the LMIA is approved). You'll have to do this within 90 days and you'll need to make sure you actually have an approved LMIA at that time. If you don't apply to restore your status within the 90 days - you will no longer be able to adjust your status from within Canada and will have to leave. You won't be able to start working again until your restoration is processed and your new work permit approved - this could take a number of months.

 

[icecool222]

So if you're correct, even if I apply with a LMIA after my refusal, it would still take a number of months to restore my status and I would have to stop working until that time?

 

[scylla]

So if you're correct, even if I apply with a LMIA after my refusal, it would still take a number of months to restore my status and I would have to stop working until that time?

Yes - you should assume that at some point you will have to stop working. You cannot work while out of status and you cannot work while the restoration application is being processed.

 

[icecool222]

Last question- can being out of status and then applying for restoration also effect my current US visa as well? In case I decide to travel to the US.