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Work Permit Delay

scylla

VIP Member
Jun 8, 2010
94,993
21,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
LMIA has already been submitted for me by my employer. We're waiting for the response now. If my employer get a Positive, I can claim 50 additional points.
Yes, then you can claim the 50 points. Keep in mind that you must have a languge test completed and the results received to even set up an EE profile.

Also something to keep in mind is that you must have valid status in Canada while applying for PR. So if the OWP is refused and you are applying for PR, then you will definitely want to leave Canada as soon as that refusal happens and you lose status to avoid impacting the PR application.
 

track002

Star Member
Oct 16, 2023
89
9
We'll know by January 2024, if the LMIA is Positive or Negative.

I'm planning on having a quick chat with IRCC asap, I can try to re-apply for my work-permit, if they recommend. Otherwise, I'll simply wait to see what happens with my existing work-permit application.

Hopefully while I'm waiting for the response on my OWP, I'll hear about the LMIA.

Before the LMIA comes thru, If I have to leave to country upon work-permit refusal, I shall. I can then wait till January, claim points, wait for the draw, and finally apply for my PR outside Canada.
 

track002

Star Member
Oct 16, 2023
89
9
Yes, then you can claim the 50 points. Keep in mind that you must have a languge test completed and the results received to even set up an EE profile.

Also something to keep in mind is that you must have valid status in Canada while applying for PR. So if the OWP is refused and you are applying for PR, then you will definitely want to leave Canada as soon as that refusal happens and you lose status to avoid impacting the PR application.
Oh... I have a Visitor's Visa until 2024 October.
 

scylla

VIP Member
Jun 8, 2010
94,993
21,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Oh... I have a Visitor's Visa until 2024 October.
That doesn't help in any way with maintaining your status.

All the validity of the visa indicates is when you can enter Canada as a visitor. It doesn't mean that you are allowed to stay in Canada until 2024.

You will still fall out of status if your OWP is refused.
 

track002

Star Member
Oct 16, 2023
89
9
Jesus! Are you serious? I thought, if my application was refused, I must stop working immediately, however can take my time to leave the country.
 

scylla

VIP Member
Jun 8, 2010
94,993
21,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Jesus! Are you serious? I thought, if my application was refused, I must stop working immediately, however can take my time to leave the country.
You would want to leave within 30 days. As soon as the OWP is refused, you'll be in Canada without status.
 

track002

Star Member
Oct 16, 2023
89
9
You would want to leave within 30 days. As soon as the OWP is refused, you'll be in Canada without status.
I just got off the phone with IRCC, they're suggesting that I wait until November 30th and then withdraw my application. When I withdraw, I lose the maintained status, as a result I must stop working immediately.

There were a few things that she wasn't clear about.

1. She said that I can re-apply (after withdrawing in November end) as a "restoring status" applicant under the Public Policy. However, she is not sure if the immigration will send a letter stating that I can continue to work until a decision is made.

2. She's also said that if I don't get the letter, I cannot work until a decision has been made on my application, and that she cannot guarantee if I will get my application approved.

3. Apparently, when my OWP gets refused, the rep says that the Officer might give me a chance to apply for Status Restoration. I'm not sure how promising that is.

My ultimate question is, should I gamble on withdrawing and re-applying? The only downfall to it is, I'll be unemployed for god knows how long and If my application is refused, then I'll continue to be unemployed until I can work my PR out.

I wanna wait until January to see the outcome of my LMIA, however I'll lost the Public Policy then.

Right now, I might have a chance with Public Policy only until December 31st.

How positive will my "Restoring Status" application be?
 
Last edited:

scylla

VIP Member
Jun 8, 2010
94,993
21,590
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I just got off the phone with IRCC, they're suggesting that I wait until November 30th and then withdraw my application. When I withdraw, I lose the maintained status, as a result I must stop working immediately.

There were a few things that she wasn't clear about.

1. She said that I can re-apply (after withdrawing in November end) as a "restoring status" applicant under the Public Policy. However, she is not sure if the immigration will send a letter stating that I can continue to work until a decision is made.

2. She's also said that if I don't get the letter, I cannot work until a decision has been made on my application, and that she cannot guarantee if I will get my application approved.

My ultimate question is, should I gamble on withdrawing and re-applying? The only downfall to it is, I'll be unemployed for god knows how long and If my application is refused, then I'll continue to be unemployed until I can work my PR out.

I wanna wait until January to see the outcome of my LMIA, however I'll lost the Public Policy then.

Right now, I might have a chance with Public Policy only until December 31st.

How positive will my "Restoring Status" application be?
I personally wouldn't rely on anything the IRCC call centre tells you. They have a reputation here of giving wrong advice. They are good for very very simple questions. Your situation is not simple. If they give you wrong advice and you follow it, the blame will lie with you. So I'm not going to comment on what they said because it may be right or it may be wrong or it may be somewhere in between.

No one here can make the call on whether you should gamble on withdrawing and reapplying. As said before, your situation is quite complicated and you are in lawyer territory if you're looking for that kind of advice. If it was a simple matter of restoring your status and applying under the policy, that would be one thing. However your situation is complicated by the fact that you submitted an OWP application when you didn't qualify for one and that was outside of the window for the public policy - and you've remained in Canada under that incorrectly filed OWP working. IRCC may not care at all that you've done this or they may care very much. That's literally impossible for any of us to predict or tell.

No one here can tell you how positive yoru restoration application will be.

Ultimately no one here is an immigration lawyer. We are all normal people like you. No one can give you the chances of each of these paths being successful or recommend which you should do.
 

track002

Star Member
Oct 16, 2023
89
9
I personally wouldn't rely on anything the IRCC call centre tells you. They have a reputation here of giving wrong advice. They are good for very very simple questions. Your situation is not simple. If they give you wrong advice and you follow it, the blame will lie with you. So I'm not going to comment on what they said because it may be right or it may be wrong or it may be somewhere in between.

No one here can make the call on whether you should gamble on withdrawing and reapplying. As said before, your situation is quite complicated and you are in lawyer territory if you're looking for that kind of advice. If it was a simple matter of restoring your status and applying under the policy, that would be one thing. However your situation is complicated by the fact that you submitted an OWP application when you didn't qualify for one and that was outside of the window for the public policy - and you've remained in Canada under that incorrectly filed OWP working. IRCC may not care at all that you've done this or they may care very much. That's literally impossible for any of us to predict or tell.

No one here can tell you how positive yoru restoration application will be.

Ultimately no one here is an immigration lawyer. We are all normal people like you. No one can give you the chances of each of these paths being successful or recommend which you should do.
I cannot agree more! I'll just go with the existing application, and wait to see the outcome. I'll also see if the LMIA comes through.

Regardless, I think I've made up my mind to leave the country if requested, and try for PR from outside the country under CEC.

Thank you so much for all the support! I genuinely appreciate it. I

I'll update this thread if I have an update, in case there's anyone else in a similar situation.

Thanks again!