Work permit denied - Restoration of Status?

[justtheme]

Hi - My application for an LMO was refused and the officer suggested my company to reapply after fixing whatever was wrong (low wage and inaccurate job description).

I'm already on implied status and my work permit decision will be denied sometime in Jan, likely before the new LMO decision comes out. I will request CIC to please delay the final decision until the new LMO application is processed.

Is this possible? Will they delay the work permit decision? In case they don't, would I be able to apply for a new WP requesting 'Restoration of status'?

Thanks a lot. I hope you can answer my questions.

 

[PMM]

Hi

Hi - My application for an LMO was refused and the officer suggested my company to reapply after fixing whatever was wrong (low wage and inaccurate job description).

I'm already on implied status and my work permit decision will be denied sometime in Jan, likely before the new LMO decision comes out. I will request CIC to please delay the final decision until the new LMO application is processed.

Is this possible? Will they delay the work permit decision? In case they don't, would I be able to apply for a new WP requesting 'Restoration of status'?

Thanks a lot. I hope you can answer my questions.

No, they won't delay the decision, and once you received the refusal you must stop working. Once you receive a new LMO you can apply for restoration and a new work permit, but you can't work until you receive the new work permit.

 

[justtheme]

Hi

No, they won't delay the decision, and once you received the refusal you must stop working. Once you receive a new LMO you can apply for restoration and a new work permit, but you can't work until you receive the new work permit.

Thanks for your reply. This is very frustrating. They applied for the LMO in September, the decision came out in December. If it wasn't for the gov's huge backlog and lack of resources, my company would still have time to reapply and I could keep working.

In 2010 it took them just 3 weeks to get the LMO. This is unfair....

 

[justtheme]

Hi

No, they won't delay the decision, and once you received the refusal you must stop working. Once you receive a new LMO you can apply for restoration and a new work permit, but you can't work until you receive the new work permit.

Oh well, at least I can restore my status. Hopefully my company will wait for my new permit...

 

[McDutch]

I have the exact same issue.

Here's what you can do.

Cancel your current application for your extention. (Assuming your current one is still intact) Apply for new LMO.
At the very last moment, reapply for your Visa, putting you on the bottom of the pile, extending your Implied Status.
(Online has an option that say, My employer has applied for an LMO but has not received it yet)

Also, do not take my word for this, and call CIC to confirm what you read on the Internet.

 

[justtheme]

I have the exact same issue.

Here's what you can do.

Cancel your current application for your extention. (Assuming your current one is still intact) Apply for new LMO.
At the very last moment, reapply for your Visa, putting you on the bottom of the pile, extending your Implied Status.
(Online has an option that say, My employer has applied for an LMO but has not received it yet)

Also, do not take my word for this, and call CIC to confirm what you read on the Internet.

I don't think I can apply for a new work permit since I'm already on implied status. Should I just say that my company made a mistake in one of my work permit docs and that's why we want to resubmit? Who suggested you to do this?

 

[McDutch]

it depends, is your current Visa still valid or are you already over that date?

In my case, it's valid until December 31st, so i can just restart my application.

If your current Visa already expired, i have no advice for you.
I do however share your frustration with HRSDC.

 

[justtheme]

it depends, is your current Visa still valid or are you already over that date?

In my case, it's valid until December 31st, so i can just restart my application.

If your current Visa already expired, i have no advice for you.
I do however share your frustration with HRSDC.

It expired and I'm already on implied status. I'll give HRSDC and CIC a call. Wish me luck...

 

[McDutch]

Good luck man, it's a genuine pain in the ass for us hardworking foreigners.

 

[terry2011]

Hi,
I am in a pretty same situation, i havent gotten a denied for LMO but your case make me wonder that can happen the same. My company submit LMO in Oct/11 but not answer yet.. I will highly appreciate you keep posting your comments, and by now good luck in any step you take!