Work Permit Refusal and Restoration

[grownseed]

Hi all,

I have just received a letter of refusal for my work permit extension and would like some more information if possible.

My application was refused on the grounds that my employer had failed to submit an IMM5802 following changes to regulations on 21 February, 2015. I have obviously contacted my employer (BC Cancer Agency) who are now submitting the documents and I'm sincerely hoping this will happen soon.

I also recently received an ITA (invitation to apply) following my Express Entry application, and my Permanent Residency application will soon be submitted once I receive the remaining documents.

From what I understand, applying for restoration goes through the usual Work Permit extension process on the CIC website (the wizard doesn't present that option, but the PDF forms do from what I can tell). The problem I can foresee with this is that this process may take several months, which I would evidently rather avoid as I am not allowed to work in the mean time.

According to the "Restoration of temporary resident status" page on the CIC website (Home Departments and agencies Immigration, Refugees and Citizenship Canada > About us > Publications and manuals > Temporary resident > Visitors > Validity): "Restoration of status cannot be granted at the POE". So my main question is, is there an equivalent "flagpoling" technique I could use without leaving the country to accelerate my restoration?

I've also been told that PR applications may let you apply for an open work permit, which wouldn't require the IMM5802 process. However, I'm not sure if A) I can go ahead with this while my status hasn't been restored and B) if and how I could acquire an open work permit directly at the POE.

Any information you could provide would be very helpful, please let me know if there is any other information I could provide that would help.

Thank you!

 

[grownseed]

Hi again,

So to answer my own questions, it seems there is no way to make use of my PR application until my status has been restored.

Moving on.

My employer has now submitted an Offer of Employment (formerly IMM5802 - $230) with LMIA exemption (under International Mobility Program - R205(a) – C10).

From the CIC website, I then go to apply for a work permit extension (first option under "Apply for"), but I'm not clear on some of the questions:

What is your current immigration status in Canada?

Given that my status is expired and requires restoration, what should I pick?

I tried picking "worker" (since it can be changed), but then a bit later I'm asked:

Which situation best describes your work situation?

I picked "None of the above", but I'm also wondering about "I'm working under an international agreement" since my employer applied under the "International Mobility Program", thoughts?

I'm then asked (with the options picked above):

Do you have a Labour Market Impact Assessment issued by Employment and Social Development Canada (ESDC)?

To which there are no options to say that I should be LMIA-exempt, and this is where I'm confused.

I imagine that changing some of the options above could this resolve this issue, but I'm uncertain as to what exactly this should be.

Any help would greatly appreciated, thanks!

 

[grownseed]

Further updates:

What is your current immigration status in Canada?

Someone I know with some legal knowledge suggested "worker" is most likely correct, as that's what I used to be, as well as what I'm aiming to be. There are no options for "restoration of status", so I think that makes the most sense.

As for the other two questions, I'm still very unclear.

I got a hold of CIC over the phone again, and while they will not provide any information regarding the "wizard" (and specifically the two other questions I'm struggling with), they said that I can put most of the details in the justification letter.

The main issue remains the following question:

Do you have a Labour Market Impact Assessment issued by Employment and Social Development Canada (ESDC)?

I'm supposed to be LMIA-exempt. If I answer "No", it won't let me go any further. Selecting "Yes" feels wrong, since by definition I don't need an LMIA. Selecting "No, but my employer has submitted one" feels sort of ok (in the sense that they submitted the "Offer of Employment"), but I'm then presented by this barrage of text:


You must wait until you get a Labour Market Impact Assessment before you submit your application to CIC.

A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada must usually get before hiring a foreign worker. A positive LMIA will show that there is a need for a foreign worker to fill the job and that no Canadian worker can do the job. A positive LMIA is sometimes called a Confirmation letter. Your proposed employer would have received the LMIA from Employment and Social Development Canada (ESDC).

If your employer has requested a Labour Market Impact Assessment from ESDC and you have not received the decision yet, you may be eligible to submit a proof of submission from your employer to ESDC.

To be eligible to submit such proof, you must not be requesting restoration of status and your status must be expiring in the next two weeks.


After the "wizard", the "Your document checklist" page asks for "Labour Market Impact Assessments (LMIA) from ESDC or Proof of Submission (required)", but again, I can't provide one as I'm LMIA-exempt. I could provide the "Offer of Employment" or receipt itself, but there are already fields to that effect. Additionally, it feels like it would go against the last line from that block of text above ("To be eligible to submit such proof [...]").

This feels like the last, biggest hurdle in the whole process, and I would be immensely grateful if somebody could help, even with some pointers.

Thanks!