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Work Permit Extension + Restoration of status --- Tight schedule!!!

mouette79

Member
Sep 18, 2012
14
0
Hello there!

I am a first timer on this site, so I hope I am posting everything alright and I hope to make sense of the little upsetting situation where I am at.

I currently live in Vancouver BC (been doing so for 3 years now), I have been working since late november 2011 in a permanent position.

Now, my work permit is due to expire on November 15th of this year. I did MAIL an application to Vegreville to extend the permit on the 18th of June. I received their letter last friday 14th of September telling me it was refused because it was missing the LMO. They also advised me that my Temporary Resident Status expired on the 30th of August of this year.

So right about now they are asking me to do the dual application for restoration of said status AND the extension again.

NOW. On the 3rd of September, so worried about the delay, I reapplied for the extension online. Still missing the LMO. As of today, me and my manager send a request for an LMO while already employed for over 8months.

My questions are as follow:

* Depending on how long it takes to get a reply from HRSC for the LMO, is it possible to still be queued up for the online application and fax and join the LMO whenever received?
* If the work permit extension needs the restoration to be approved FIRST to be processed, do I apply for the restoration separately?
* Or should I cancel the online application and apply for the combo restoration//extension on the IMM5710E and pay 350$ as a whole?
* If the delay of processing goes over my expiry date of Nov.15th, what can I do? Do I have to go back to France anyway to wait for an answer? What can I do with my job and employer, leave of absence until I can legally come back?

I might have some more questions... right now I am really lost and what to do next. I am about to print out the application file for the restoration/extension ready to go as soon as I have the LMO, is it a good or the only call? Or the online application is still an option covered for now -pending the LMO...?

Thanks for any input and advices, guys!
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
If your WP is still valid till 15 Nov why were you informed that your Temporary Resident Status was expired on Aug 30?

You have 90 days from the receipt of the letter of refusal to apply for a restoration and WP. The WP app without the LMO will again receive a similar refusal; and I think app for restoration of status can not be done online.

For HBC to be able to apply for LMO in your favour has to advertise the position at the job bank and prove that no Canadian citizen or PR applied/qualified for said position; the ad has to be published for at least 14 days. HBC can try for A-LMO if your position is skilled.

Didn't read all of your questions.

Anyway, you can apply for restoration of status, as a visitor, while waiting for your LMO but you'd have to stop working once your WP is expired (still can't figure out why the officer said your status is expired when you still have till the 15th of Nov on your WP). Once you received your LMO (should it come out positive) you can drive to the border and apply for your WP (I am assuming you are from France and so you don't need a visa to enter Canada). Did you come under one of the WHPs?

mouette79 said:
Hello there!

I am a first timer on this site, so I hope I am posting everything alright and I hope to make sense of the little upsetting situation where I am at.

I currently live in Vancouver BC (been doing so for 3 years now), I have been working since late november 2011 in a permanent position at the Hudson's Bay Company downtown store.

Now, my work permit is due to expire on November 15th of this year. I did MAIL an application to Vegreville to extend the permit on the 18th of June. I received their letter last friday 14th of September telling me it was refused because it was missing the LMO. They also advised me that my Temporary Resident Status expired on the 30th of August of this year.

So right about now they are asking me to do the dual application for restoration of said status AND the extension again.

NOW. On the 3rd of September, so worried about the delay, I reapplied for the extension online. Still missing the LMO. As of today, me and my manager send a request for an LMO while already employed for over 8months.

My questions are as follow:

* Depending on how long it takes to get a reply from HRSC for the LMO, is it possible to still be queued up for the online application and fax and join the LMO whenever received?
* If the work permit extension needs the restoration to be approved FIRST to be processed, do I apply for the restoration separately?
* Or should I cancel the online application and apply for the combo restoration//extension on the IMM5710E and pay 350$ as a whole?
* If the delay of processing goes over my expiry date of Nov.15th, what can I do? Do I have to go back to France anyway to wait for an answer? What can I do with my job and employer, leave of absence until I can legally come back?

I might have some more questions... right now I am really lost and what to do next. I am about to print out the application file for the restoration/extension ready to go as soon as I have the LMO, is it a good or the only call? Or the online application is still an option covered for now -pending the LMO...?

Thanks for any input and advices, guys!
 

mouette79

Member
Sep 18, 2012
14
0
Yes, when they sent me the letter to tell me the extension was refused they also advised me "oh by the way, your status has expired etc" and they basically told me how to apply to the whole package for 350$ all combined. And yeah, it will be done my mailing, not online this time.

As for the HBC, yeah I don't feel quite confident about that one. My manager will keep me posted if he hears of Service Canada, of course. My job is not so skilled after all, service/retail. But I am not sure about the job posting they have been doing, he filled out the request and send out today, not it's just a matter of crossing fingers.

All in all I should get ready to go back home.... *sigh*

Thanks for your input.
Do you know of an average delay in processing a LMO in BC? Whatever the answer, will I be the one receiving the answer or my manager?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Without the ad with job bank, the chances at the app getting approved is nil. LMOs are taking a long time to get processed lately (service canada working on EIs :) probably because of the delays in processing the LMOs, lots of unemployed TFWs who are still here legally). You manager will receive the answer.

mouette79 said:
Yes, when they sent me the letter to tell me the extension was refused they also advised me "oh by the way, your status has expired etc" and they basically told me how to apply to the whole package for 350$ all combined. And yeah, it will be done my mailing, not online this time.

As for the HBC, yeah I don't feel quite confident about that one. My manager will keep me posted if he hears of Service Canada, of course. My job is not so skilled after all, service/retail. But I am not sure about the job posting they have been doing, he filled out the request and send out today, not it's just a matter of crossing fingers.

All in all I should get ready to go back home.... *sigh*

Thanks for your input.
Do you know of an average delay in processing a LMO in BC? Whatever the answer, will I be the one receiving the answer or my manager?
 

mouette79

Member
Sep 18, 2012
14
0
Anyway, you can apply for restoration of status, as a visitor while waiting for your LMO but you'd have to stop working once your WP is expired

Oh alright, thx for that. I'll do that right away then.


Once you received your LMO (should it come out positive)

LOL yeah you don't sound too confident. HBC isn't known for sponsoring or supporting those legal moves I guess...

you can drive to the border and apply for your WP (I am assuming you are from France and so you don't need a visa to enter Canada).

Oh, I can just do that? Just do a sort of U-turn across the border or not even? Show up at their offices or booth and apply there on the spot?

id you come under one of the WHPs?

Initially I did. Then I got extended a first time around thx to a Youth Mobility program. They just needed a job contract and that gave me 2 years and half more. Back then the job was a full time as a tech support in a call center using my bilinguilism.


Thx again for your advice. Much appreciated.
 

scylla

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mouette79 said:
My job is not so skilled after all, service/retail. But I am not sure about the job posting they have been doing, he filled out the request and send out today, not it's just a matter of crossing fingers.
You should definitely check if the job has been advertised as required for the LMO process. If there has been no advertising - it's 100% guaranteed the LMO will be refused.

If the LMO is approved, then yes - you can just drive to the border, physically leave Canada and then u-turn before entering the US to re-enter Canada. Or in some cases you actually have to drive to the US border and tell them you have no interest in entering the US but just want to re-enter Canada to activate your work permit.
 

ssparkles

Hero Member
Apr 22, 2012
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Hi mouette79,

Do keep us informed on whether you get the LMO or not. I worked at the Bay too but on a part time basis. I'm wondering if I was full time would I be able to get an LMO?

Did you work on the floor as a sales representative? (That's what i was) or did you have something more professional?

I've gone through this phase and without an LMO you cannot get a work permit. I'm still looking for jobs that will give me an LMO but so far its been really difficult. Do let me know what the response from the Bay turns out to be. It'll be useful information.

Thanks and all the best!
 

mouette79

Member
Sep 18, 2012
14
0
scylla said:
You should definitely check if the job has been advertised as required for the LMO process. If there has been no advertising - it's 100% guaranteed the LMO will be refused.

If the LMO is approved, then yes - you can just drive to the border, physically leave Canada and then u-turn before entering the US to re-enter Canada. Or in some cases you actually have to drive to the US border and tell them you have no interest in entering the US but just want to re-enter Canada to activate your work permit.
For the advertising, I don't know what support Service Canada's standards are, but the Bay is continuously advertising it on posters and I remember seeing some reminders on the morning papers. As for online, again, I have never checked myself. I remember that I heard from a friend they were hiring and showed up in person in HR, that's about it. He hired me for being perfectly bilingual french/english and past experiences and a fairly good personality. *shrugs*


As for the border thing, I still need to apply for the work permit and wait for the approval to be able to do that at the border? Or once I have the LMO i just show up with all the paperworks needed and apply right there on the spot? (what kind of paperworks, job contract, LMO, passport, my debit card for the 150$ fee?)
 

mouette79

Member
Sep 18, 2012
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0
ssparkles said:
Hi mouette79,

Do keep us informed on whether you get the LMO or not. I worked at the Bay too but on a part time basis. I'm wondering if I was full time would I be able to get an LMO?

Did you work on the floor as a sales representative? (That's what i was) or did you have something more professional?

I've gone through this phase and without an LMO you cannot get a work permit. I'm still looking for jobs that will give me an LMO but so far its been really difficult. Do let me know what the response from the Bay turns out to be. It'll be useful information.

Thanks and all the best!
Thanks Sparkles. Much appreciated. Most of the people around me are fairly positive and ask me to be the same and just as positive, I wish it were that simple though. I am having a tough time. Especially since I met a Canadian back in April and since then we are just so happy and in love and now I might have to go back? Yeah am torn and scared for different reasons.... LOL.

Where are you now, still in Canada or back home?
As for the Bay, no I am just a regular sales associate and my manager filled a form for lower-skilled workers LMO, jobs that don't require much training or skills or education.
I have a permanent position but part-time flex, with an average of 30h a week.

So right now it's another processing time to wait for, and I am being super negative with the feedback I received. I feel like wrapping things up. Finding another job providing an LMO is a good option but like you said, might not be as easy as it sounds for sure...
 

ssparkles

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Hi mouette,

Its natural to be stressed about this as there is no certainty in the direction we will go in. No idea even what kind of turn life is going to take as so much depends on the status, decision of the CIC etc etc etc.

I'm still in Canada. I was working at a bank under a post graduate work permit (after working at Bay part time) and worked for 2 years and everything was going hung ho until my application for PR got refused and around the same time my work permit expired. I naturally thought I've worked at the bank for 2 years it'll be okay and asked them for an LMO. Guess what? They don't give it.

After a lot of back and forth I found out banks do not give an LMO unless you're very highly qualified (senior manager and up). This is because they have way too many people in the early stages with less experience who want to work for them and cannot prove that they could not find a Canadian to do the job. (that's what I found out from sources). So now I re-applied and am here on extended status as a visitor constantly looking for lmo jobs.

I feel the difficult part is having the employer to agree on applying for the LMO rather than getting a positive lmo. I don't know but the bay is a huge company and it'll be positive if in the past they have provided lmo's (likely).

Your manager already applied so that's a great thing for sure!!! trust me people don't agree to do it, you're very lucky your manager did. It seems like you should get it.

However with these kind of things I've learnt not to get my hopes up the hard way. I hope everything works for u coz it'll save u a lot of tension. Much luck and good wishes your way :)
 

mouette79

Member
Sep 18, 2012
14
0
ssparkles said:
Hi mouette,

Its natural to be stressed about this as there is no certainty in the direction we will go in. No idea even what kind of turn life is going to take as so much depends on the status, decision of the CIC etc etc etc.

I'm still in Canada. I was working at a bank under a post graduate work permit (after working at Bay part time) and worked for 2 years and everything was going hung ho until my application for PR got refused and around the same time my work permit expired. I naturally thought I've worked at the bank for 2 years it'll be okay and asked them for an LMO. Guess what? They don't give it.

After a lot of back and forth I found out banks do not give an LMO unless you're very highly qualified (senior manager and up). This is because they have way too many people in the early stages with less experience who want to work for them and cannot prove that they could not find a Canadian to do the job. (that's what I found out from sources). So now I re-applied and am here on extended status as a visitor constantly looking for lmo jobs.

I feel the difficult part is having the employer to agree on applying for the LMO rather than getting a positive lmo. I don't know but the bay is a huge company and it'll be positive if in the past they have provided lmo's (likely).

Your manager already applied so that's a great thing for sure!!! trust me people don't agree to do it, you're very lucky your manager did. It seems like you should get it.

However with these kind of things I've learnt not to get my hopes up the hard way. I hope everything works for u coz it'll save u a lot of tension. Much luck and good wishes your way :)
Thank you so very much for your email... I'll keep u posted if you want. If you want my regular email address so we can keep in touch. Good luck to you too!!