LMIA and Status Restoration querry

[SKP1992]

Hi,

I was on a PGWP which expired on the 28th of Oct, 2018. I was unable to find employment till the 15th of Sept 2018. I found my employer to be kind enough to apply for an LMIA, which they submitted on the 25th of Oct, 2018. I applied for my work permit extension (new employer) the same day and mentioned details regarding my LMIA stuff and all in the letter of explanation. I was working with the same employer as I was under implied status.

Today I received the refusal from CIC/IRCC. they said I was unable to provide a positive LMIA and they are refusing my application. My status expired today (14th Jan 2019). They gave me 90 days to apply for restoration. Trying to get past the mental trauma this puts on everyone(why cant gov of Canada have a way to link all these applications?), I was preparing to call my employer and tell them that I cant work till I get my status restored. But before that, I was hoping someone could provide some guidance/information in this regard.

Firstly, If I get my LMIA letter 2 months from now and I apply for my restoration on the same day, I will have 30 more days. Is that enough time for them to make a decision on my status? What happens if I dont hear back from them before my 90 days have passed eventhough I applied well in advance?

Second, How long does LMIA application take these days? Mine is not a high wage job or something.

Third, What if i leave Canada, take a long vacation (unpaid as my employer would agree to that) and applied for a new work permit after I get my LMIA? Would my restoration thing affect that application in any way?

Lastly, Can I go back to work as soon as I restore my status while my work permit application is processing after the fact? Will i retain my status or do I have to wait for the entire work permit process?

Any help would be greatly appreciated.
Thanks

 

[scylla]

Hi,

I was on a PGWP which expired on the 28th of Oct, 2018. I was unable to find employment till the 15th of Sept 2018. I found my employer to be kind enough to apply for an LMIA, which they submitted on the 25th of Oct, 2018. I applied for my work permit extension (new employer) the same day and mentioned details regarding my LMIA stuff and all in the letter of explanation. I was working with the same employer as I was under implied status.

Today I received the refusal from CIC/IRCC. they said I was unable to provide a positive LMIA and they are refusing my application. My status expired today (14th Jan 2019). They gave me 90 days to apply for restoration. Trying to get past the mental trauma this puts on everyone(why cant gov of Canada have a way to link all these applications?), I was preparing to call my employer and tell them that I cant work till I get my status restored. But before that, I was hoping someone could provide some guidance/information in this regard.

Firstly, If I get my LMIA letter 2 months from now and I apply for my restoration on the same day, I will have 30 more days. Is that enough time for them to make a decision on my status? What happens if I dont hear back from them before my 90 days have passed eventhough I applied well in advance?

Second, How long does LMIA application take these days? Mine is not a high wage job or something.

Third, What if i leave Canada, take a long vacation (unpaid as my employer would agree to that) and applied for a new work permit after I get my LMIA? Would my restoration thing affect that application in any way?

Lastly, Can I go back to work as soon as I restore my status while my work permit application is processing after the fact? Will i retain my status or do I have to wait for the entire work permit process?

Any help would be greatly appreciated.
Thanks

1) You can remain in Canada until a decision is made in your application.
2) LMIAs typically take around 4 months (not including the 1 month advertising the employer has to complete first)
3) If you leave Canada, there is no point applying for restoration. If you leave Canada and the LMIA is approved, you can apply for the work permit from outside of Canada.
4) No. You cannot go back to work until the entire process is completed and your status is restored and your work permit approved.

 

[PMM]

Hi

1) You can remain in Canada until a decision is made in your application.
2) LMIAs typically take around 4 months (not including the 1 month advertising the employer has to complete first)
3) If you leave Canada, there is no point applying for restoration. If you leave Canada and the LMIA is approved, you can apply for the work permit from outside of Canada.
4) No. You cannot go back to work until the entire process is completed and your status is restored and your work permit approved.

1/ Should note that the OP continued to work after his/her PGWP expired. S/he doesn't have implied status, and was working without status as PGWP is not extendable.

 

[SKP1992]

Hi



1/ Should note that the OP continued to work after his/her PGWP expired. S/he doesn't have implied status, and was working without status as PGWP is not extendable.

But my permit says temporary worker. My status is implied unless I apply after expiration. Also, I applied for a new work permit/new employer. Never was I told that I would not have implied status and I researched a lot on how to move on my PGWP to a new WP.

 

[skaur78620]

Hi,

I was on a PGWP which expired on the 28th of Oct, 2018. I was unable to find employment till the 15th of Sept 2018. I found my employer to be kind enough to apply for an LMIA, which they submitted on the 25th of Oct, 2018. I applied for my work permit extension (new employer) the same day and mentioned details regarding my LMIA stuff and all in the letter of explanation. I was working with the same employer as I was under implied status.

Today I received the refusal from CIC/IRCC. they said I was unable to provide a positive LMIA and they are refusing my application. My status expired today (14th Jan 2019). They gave me 90 days to apply for restoration. Trying to get past the mental trauma this puts on everyone(why cant gov of Canada have a way to link all these applications?), I was preparing to call my employer and tell them that I cant work till I get my status restored. But before that, I was hoping someone could provide some guidance/information in this regard.

Firstly, If I get my LMIA letter 2 months from now and I apply for my restoration on the same day, I will have 30 more days. Is that enough time for them to make a decision on my status? What happens if I dont hear back from them before my 90 days have passed eventhough I applied well in advance?

Second, How long does LMIA application take these days? Mine is not a high wage job or something.

Third, What if i leave Canada, take a long vacation (unpaid as my employer would agree to that) and applied for a new work permit after I get my LMIA? Would my restoration thing affect that application in any way?




Hey did you figure out ome way?
I'm in same boat like you . Please let me know

Lastly, Can I go back to work as soon as I restore my status while my work permit application is processing after the fact? Will i retain my status or do I have to wait for the entire work permit process?

Any help would be greatly appreciated.
Thanks

 

[skaur78620]

Hi guys,

I need your advice on this, its getting really complicated.
So before my PGWP expiry(Dec 10, 2018) I applied LMIA based Work Permit, but that time my LMIA was in process therefore I got my Work Permit refused on Feb 26, 2019 and I got 90 days to restore my status.

Then my lawyer suggested to wait till we get the LMIA so that we can restore the status as a worker, but the misfortune happened again and I didn't get LMIA during those 90 days and we applied to restore as a visitor before the 90 days timeline.

But now on 100th day i.e yesterday I got my LMIA approved. So now what should I do?

Should I request the CIC to restore my status as a worker now?
Should I go back to my country and apply for work permit or can I apply for the same while inside Canada or on the border of Canada?

All advices will be much appreciated!! Please share your experience or advice.



Thanks in advance

 

[scylla]

Hi guys,

I need your advice on this, its getting really complicated.
So before my PGWP expiry(Dec 10, 2018) I applied LMIA based Work Permit, but that time my LMIA was in process therefore I got my Work Permit refused on Feb 26, 2019 and I got 90 days to restore my status.

Then my lawyer suggested to wait till we get the LMIA so that we can restore the status as a worker, but the misfortune happened again and I didn't get LMIA during those 90 days and we applied to restore as a visitor before the 90 days timeline.

But now on 100th day i.e yesterday I got my LMIA approved. So now what should I do?

Should I request the CIC to restore my status as a worker now?
Should I go back to my country and apply for work permit or can I apply for the same while inside Canada or on the border of Canada?

All advices will be much appreciated!! Please share your experience or advice.



Thanks in advance

It's too late to restore your status to worker. Your options are to wait until your status has been restored to visitor and then apply for the work permit - or to leave Canada and apply for the work permit from outside of Canada.

Applying at the border is not an option since you are currently in Canada without status.

 

[skaur78620]

It's too late to restore your status to worker. Your options are to wait until your status has been restored to visitor and then apply for the work permit - or to leave Canada and apply for the work permit from outside of Canada.

Applying at the border is not an option since you are currently in Canada without status.

Thanks for your kind advice. But one more question if I get my status restored as visitor,Can I apply the work Permit from Inside Canada or I'll have to apply outside only?

 

[PMM]

Hi

Thanks for your kind advice. But one more question if I get my status restored as visitor,Can I apply the work Permit from Inside Canada or I'll have to apply outside only?

1. Outside as you would only have visitors status in Canada.

 

[sukhdeep0573]

I am currently in a similar situation, as I am in the restoration period. Could someone please guide me?

My employer has supported me and has a positive LMIA under my name. Can I claim 50 points in the Express Entry without needing to obtain a closed work permit?

Alternatively, if I apply for a closed work permit, will I then be able to claim the 50 points in Express Entry while waiting for work permit decision?

I would appreciate any guidance on this matter.