Withdraw Restoration of Status

[LeeKo]

I have the following problem: I was in Canada with an LMIA work permit. My boss moved to another province, I applied for an extension so that I could stay and find a new employer. My extension was rejected.
I found a new employer who applied for an LMIA. I applied for a restoration. The LMIA has now been approved. Can I withdraw the restoration application, leave the country and apply at a port of entry for a new work permit?

 

[scylla]

I have the following problem: I was in Canada with an LMIA work permit. My boss moved to another province, I applied for an extension so that I could stay and find a new employer. My extension was rejected.
I found a new employer who applied for an LMIA. I applied for a restoration. The LMIA has now been approved. Can I withdraw the restoration application, leave the country and apply at a port of entry for a new work permit?

Do you mean flagpole for a new work permit? If so, no, definitely not recommended since you are out of status.

 

[LeeKo]

I must stay in Canada during the processing time, but that can take months.
Can I withdraw the restoration, leave the country and re-enter and apply for a new WP?

 

[scylla]

I must stay in Canada during the processing time, but that can take months.
Can I withdraw the restoration, leave the country and re-enter and apply for a new WP?

Are you from a visa exempt country?

 

[LeeKo]

Are you from a visa exempt country?

I am from Austria

 

[scylla]

I am from Austria

Then you can certainly try returning home and then flying back and trying to apply for a work permit at the POE. None of us can tell you for sure if it will be approved or not. It would have been better if you had not applied for a work permit extension when you didn't qualify for one. It was a mistake to do that.

 

[LeeKo]

I must remain in Canada while my restoration application is being processed. Can I withdraw my application and will this appear in my records?

 

[scylla]

I must remain in Canada while my restoration application is being processed. Can I withdraw my application and will this appear in my records?

I'm not sure I understand the question. The fact you are out of status will remain on IRCC records. So will the restoration application even if you withdraw it.

 

[LeeKo]

Thanks for the reply.
I had found an employer willing to apply for an LMIA, but they didn't, so my extension was rejected.
Now I have a new future employer with an approved LMIA and I am in the process of restoring my status. It may take months to get a new work permit. Can I apply for a new WP at the port of entry even though a restoration application is pending?

 

[scylla]

Thanks for the reply.
I had found an employer willing to apply for an LMIA, but they didn't, so my extension was rejected.
Now I have a new future employer with an approved LMIA and I am in the process of restoring my status. It may take months to get a new work permit. Can I apply for a new WP at the port of entry even though a restoration application is pending?

It is risky to flapole when you are out of status. One of the conditions for flagpoling is that you must have valid status in Canada. Ultimately it's up to the CBSA officer but being out of status can sometimes cause further issues if you try to flagpole.

 

[LeeKo]

Thanks for the answer.
I don't want to risk anything, so I'll wait until a decision is made, even if it may take months...