Am I illegal now?

[Teatime18]

Hi there. My temporary residence expired as of last week and my open WP application got refused. Can my employer terminate me? The letter also suggests that prospective employer is responsible for obtaining LMIA. What does this mean? If my current employer wants to terminate me do they have a reason? Am I now illegal in Canada? I have 90 days to apply for restoration of status.

 

[YVR123]

Hi there. My temporary residence expired as of last week and my open WP application got refused. Can my employer terminate me? The letter also suggests that prospective employer is responsible for obtaining LMIA. What does this mean? If my current employer wants to terminate me do they have a reason? Am I now illegal in Canada? I have 90 days to apply for restoration of status.

if you are out of status and have no valid work permit, your employer cannot continue to employ you.

The option mentioned is for your employer to apply for LMIA (to show that no one else in Canada have your skill, experience and education to fill that position). It will cost them $1000. Once that's approved, then you can apply for a close permit.

Your status JUST expired, so you can apply to restore your status as visitor. Until your close work permit is approved, you cannot work as a visitor.

You didn't provide more details on how and what have you been doing in Canada.

If you were a student, post your question in the foreign student section.
If you were a foreign worker, post that at the worker section. This is not really about Labour Legislation. They cannot employ you because you do not work a valid work permit.

 

[Teatime18]

if you are out of status and have no valid work permit, your employer cannot continue to employ you.

The option mentioned is for your employer to apply for LMIA (to show that no one else in Canada have your skill, experience and education to fill that position). It will cost them $1000. Once that's approved, then you can apply for a close permit.

Your status JUST expired, so you can apply to restore your status as visitor. Until your close work permit is approved, you cannot work as a visitor.

You didn't provide more details on how and what have you been doing in Canada.

If you were a student, post your question in the foreign student section.
If you were a foreign worker, post that at the worker section. This is not really about Labour Legislation. They cannot employ you because you do not work a valid work permit.

thank you so much for this response. I appreciate it. How will my employer do an LMIA for me if I’m not employed there anymore?

 

[Naturgrl]

thank you so much for this response. I appreciate it. How will my employer do an LMIA for me if I’m not employed there anymore?

You have started multiple threads. Your employer is not going to file for a LMIA if they don’t want to hire you and work with them anymore. You have no status in Canada if you don’t have TRV or work permit.