work permit expired, what should i do

[StayinCanada]

I have submitted my CEC application, and expected getting the file number before work permit expired. However, my work permit expired, and i'm still working for the file number.

What should I do now to stay in canada legally.

I married and my sponsor is landed PR. Do you think I can stay in canada if i apply sponsorship right now?

Thanks.

 

[canuck_in_uk]

If it's been less than 90 days since your work permit expired, you need to apply for restoration and change your status to visitor.

Submitting a sponsorship application will not give you status in Canada.

 

[ross lee]

Hello stayincanada,

canuck_in_uk is right and I know this situation can be confusing. However, you can restore your work permit (see below).

* if you applied for an extension of your work permit "before the expiry date", you are considered under Implied Status. You can continue working under the same conditions as your original work permit until you receive an answer from CIC, as long as you did not change your activities (check out the CIC website Help Centre and search "Implied Status").

* if you let your work permit expire, you have 90 days to restore it or change conditions. You must stop working until CIC restores your permit. If you do not restore in 90 days, you must leave Canada (check out the CIC website Help Centre and search "Restoration").

 

[sebas44]

Did you have to apply to a brand new one or is there a special section "renewal"? Did you say you were Canadian resident?

 

[canuck_in_uk]

* if you let your work permit expire, you have 90 days to restore it or change conditions. You must stop working until CIC restores your permit. If you do not restore in 90 days, you must leave Canada (check out the CIC website Help Centre and search "Restoration")

OP would need to actually QUALIFY for a new work permit in order to restore status as a worker. This would require a positive LMIA from the employer.

 

[StayinCanada]

Hello stayincanada,

canuck_in_uk is right and I know this situation can be confusing. However, you can restore your work permit (see below).

* if you applied for an extension of your work permit "before the expiry date", you are considered under Implied Status. You can continue working under the same conditions as your original work permit until you receive an answer from CIC, as long as you did not change your activities (check out the CIC website Help Centre and search "Implied Status").

* if you let your work permit expire, you have 90 days to restore it or change conditions. You must stop working until CIC restores your permit. If you do not restore in 90 days, you must leave Canada (check out the CIC website Help Centre and search "Restoration").

thanks. I should ask you this question before the expiry date. no one around me told this information. just let me waiting the file number.
lost my job, so sad..
Do you think is there any way to apply for open work permit after i restore my visa. thanks.

 

[StayinCanada]

Did you have to apply to a brand new one or is there a special section "renewal"? Did you say you were Canadian resident?

i guess i need to apply a 'brand new one'. it looks we can restore it after it expire. it maybe consider as 'renewal'.
I'm not permanent resident, but living in canada. still waiting my CEC application

 

[StayinCanada]

OP would need to actually QUALIFY for a new work permit in order to restore status as a worker. This would require a positive LMIA from the employer.

Thank you, canuck_in_uk.
as you said, the restored visa is just a visitor visa, and i have to apply work permit separately after restoring my visa, isn't it.
is there any way i can apply open work permit. my spouse is PR.

 

[canuck_in_uk]

If your spouse is a PR, then you can apply for an open work permit (at the same time, apply to restore status as a worker).

Incorrect. No one qualifies for an OWP by being married to a Canadian citizen or PR. Those who are being sponsored inland by their spouse can receive an OWP after stage 1 approval but that takes 11 months.

 

[jenny12345]

I think what Jes_On suggested is the best route to go, He should be sponsored by PR spouse, send an open work permit and restoration together with the sponsorship forms and not leave Canada till the whole application is complete. He won't be able to work till the open work permit comes with initial approval.

 

[jes_ON]

Incorrect. No one qualifies for an OWP by being married to a Canadian citizen or PR. Those who are being sponsored inland by their spouse can receive an OWP after stage 1 approval but that takes 11 months.

Erg! Thanks Jenny, but that was a Friday afternoon brain lapse, canuck_in_uk is right, thanks for the correction, I've deleted my post.

To stay in Canada, OP should apply to restore status / change conditions as visitor. http://www.cic.gc.ca/english/visit/extend-stay.asp. Working is not an option now without an LMIA, or without waiting waiting waiting... hopefully the CEC application will not take that long.

Will need to have valid status in Canada to apply for a work permit later, if sponsored.

 

[jenny12345]

Hmm I guess they changed it. When I applied 2012, if you send an open work permit application with sponsorship you will be on implied status. Work permit and AIP also came 6 months exact. It seems like they are making everything a bit harder now.

 

[rajjj]

I have submitted my CEC application, and expected getting the file number before work permit expired. However, my work permit expired, and i'm still working for the file number.

What should I do now to stay in canada legally.

I married and my sponsor is landed PR. Do you think I can stay in canada if i apply sponsorship right now?

Thanks.

as lone you apply sponsorship case u r good to go .....first wait for sponsorship file number and when it will come just apply visitor visa based on this file no

 

[rajjj]

as lone you apply sponsorship case u r good to go .....first wait for sponsorship file number and when it will come just apply visitor visa based on this file no

if some not status get married with pr or citizen ....eligible for visitor or work permit .