Work permit expired. Should I apply for restoration?

[ahsan_cse2004]

Hello,

I'm seeking urgent assistance. I arrived in Canada under a closed work permit, originally set to expire in August 2023. Unfortunately, my employer terminated my employment in January 2023. Subsequently, I applied for an open work permit on humanitarian grounds. My initial work permit expired in August 2023, and regrettably, my application for an open work permit was denied in December 2023 saying I needed to have another LMIA. IRCC has informed me that I have a 90-day window to restore my status. I have stopped working after my job loss and so far have not been able to secure any LMIA.

I have several questions regarding the next steps. Should I pursue the restoration of my work permit, or would it be advisable to apply for a change of my work permit to a visitor visa? Could you kindly guide the application process, including any step-by-step instructions or relevant links? Additionally, if I opt for the restoration of my work permit, does it mean I can continue working during the process?

Thank you for your prompt assistance.

Best regards,

 

[Naturgrl]

Hello,

I'm seeking urgent assistance. I arrived in Canada under a closed work permit, originally set to expire in August 2023. Unfortunately, my employer terminated my employment in January 2023. Subsequently, I applied for an open work permit on humanitarian grounds. My initial work permit expired in August 2023, and regrettably, my application for an open work permit was denied in December 2023 saying I needed to have another LMIA. IRCC has informed me that I have a 90-day window to restore my status. I have stopped working after my job loss and so far have not been able to secure any LMIA.

I have several questions regarding the next steps. Should I pursue the restoration of my work permit, or would it be advisable to apply for a change of my work permit to a visitor visa? Could you kindly guide the application process, including any step-by-step instructions or relevant links? Additionally, if I opt for the restoration of my work permit, does it mean I can continue working during the process?

Thank you for your prompt assistance.

Best regards,

What have you been doing since December when it was denied? Have you been out of status for months? Applying for restoration doesn’t allow you to work. Restore your status to visitor. If you get a LMIA within the 90 days then restore to worker status and apply for a new closed work permit.

Didn’t you apply for PR according to past posts?

 

[ahsan_cse2004]

Thank you @Naturgrl for your prompt reply but when I try to apply through form IMM5710e it says "
To apply for a Restoration of temporary status as a worker, you must select one of the work permit checkboxes." It seems I can not apply for restoration as a visitor in that form. It wants me to choose either to apply for a work permit with the same employer(I dont have one) or apply for a work permit for the first time or a new employer.

Am I looking at the right form? How do I apply through the online portal?

 

[Naturgrl]

Thank you @Naturgrl for your prompt reply but when I try to apply through form IMM5710e it says "
To apply for a Restoration of temporary status as a worker, you must select one of the work permit checkboxes." It seems I can not apply for restoration as a visitor in that form. Am I looking at the right form? How do I apply through the online portal?

You need to change status to visitor, not worker. So you have been out of status since December? What have you been doing these past two months? Do you have family members with you? So you have not been working for over a year?

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5551-applying-change-conditions-extend-your-stay-canada.html

 

[ahsan_cse2004]

Yes, I stopped working because I have no job. I have been trying to get LMIA-approved jobs but to no avail because everyone is asking for either a PR or an Open Work Permit holder. Kind of very difficult.

Yes, my wife and 2 daughters are here. My wife is working on SOWP and my two daughters are studying in primary school.

 

[Naturgrl]

Yes, I stopped working because I have no job. I have been trying to get LMIA-approved jobs but to no avail because everyone is asking for either a PR or an Open Work Permit holder. Kind of very difficult.

Yes, my wife and 2 daughters are here. My wife is working on SOWP and my two daughters are studying in primary school.

So when does her SOWP expire? Daughters have study permits?

 

[ahsan_cse2004]

Yes, daughters have their student record.
All status expired on Aug 2023 but before their expiry, they already applied for an extension but no updates from IRCC so far. They only rejected mine in Dec 2023 but no updates on their applications so I assume they are in implied status?

 

[Naturgrl]

Yes, daughters have their student record.
All status expired on Aug 2023 but before their expiry, they already applied for an extension but no updates from IRCC so far. They only rejected mine in Dec 2023 but no updates on their applications so I assume they are in implied status?

They are but if your permit was refused then expect wife’s to be refused. So prepare for all of them to change their status to visit (quit her job and kids may not be able to attend school).

 

[ahsan_cse2004]

Thank you again. Should I apply for each of them in advance or after I receive their refusal too? Can I do it in one application form for the whole family or do I need to apply individually?

 

[Naturgrl]

Thank you again. Should I apply for each of them in advance or after I receive their refusal too? Can I do it in one application form for the whole family or do I need to apply individually?

When did you get refusal? You need to restore status within 90 days. You are without status. So you decide whether to wait a few more days and see if they get a response. But you really need to do it.

 

[ahsan_cse2004]

My refusal was on Dec 05, 2023. So I have to apply before Mar 04, 2024, I guess?

 

[scylla]

Hello,

I'm seeking urgent assistance. I arrived in Canada under a closed work permit, originally set to expire in August 2023. Unfortunately, my employer terminated my employment in January 2023. Subsequently, I applied for an open work permit on humanitarian grounds. My initial work permit expired in August 2023, and regrettably, my application for an open work permit was denied in December 2023 saying I needed to have another LMIA. IRCC has informed me that I have a 90-day window to restore my status. I have stopped working after my job loss and so far have not been able to secure any LMIA.

I have several questions regarding the next steps. Should I pursue the restoration of my work permit, or would it be advisable to apply for a change of my work permit to a visitor visa? Could you kindly guide the application process, including any step-by-step instructions or relevant links? Additionally, if I opt for the restoration of my work permit, does it mean I can continue working during the process?

Thank you for your prompt assistance.

Best regards,

You do not qualify to restore your status to a work permit without an approved LMIA and a job offer. Do not apply for a work permit.

Your only option if you want to remain in Canada is to restore your status to visitor.

 

[ahsan_cse2004]

You do not qualify to restore your status to a work permit without an approved LMIA and a job offer. Do not apply for a work permit.

Your only option if you want to remain in Canada is to restore your status to visitor.

Thank you very much.

 

[canuck78]

Realistically you are going to run into the same issues of having difficulty securing a WP. Your attempt to extend your spouse and children’s status was in bad faith since they didn’t qualify for the extensions will eventually end up with everyone having no status or visitor status. The job market is pretty tough at the moment (Canada is probably in a recession) and CRS score needed to secure PR is very high so you need to be considering all options at this point since your family will also lose access to healthcare if they haven’t already , potentially schooling depending on the school board, etc.

 

[ahsan_cse2004]

Realistically you are going to run into the same issues of having difficulty securing a WP. Your attempt to extend your spouse and children’s status was in bad faith since they didn’t qualify for the extensions will eventually end up with everyone having no status or visitor status. The job market is pretty tough at the moment (Canada is probably in a recession) and CRS score needed to secure PR is very high so you need to be considering all options at this point since your family will also lose access to healthcare if they haven’t already , potentially schooling depending on the school board, etc.

Thank you very much.