Restoration of status - Work permit expired

[SSGarg]

Hi Seniors!!

Do I need to apply for restoration of status within 90 days even if I am going back to my home country because my work permit is expired? I already have a TRV as a visitor which I got stamped on my passport after getting my PGWP, but my wife doesn’t have it so should we apply visitor visa inside Canada for her?

2) Can I come back on visitor visa or TRV after getting an ITA while waiting in my home country? And then, can I apply BOWP after coming back to Canada as a Visitor and then continue working till my PR result comes? Please note: I am the primary applicant.

Please help and advise !!

 

[scylla]

Hi Seniors!!

Do I need to apply for restoration of status within 90 days even if I am going back to my home country because my work permit is expired? I already have a TRV as a visitor which I got stamped on my passport after getting my PGWP, but my wife doesn’t have it so should we apply visitor visa inside Canada for her?

2) Can I come back on visitor visa or TRV after getting an ITA while waiting in my home country? And then, can I apply BOWP after coming back to Canada as a Visitor and then continue working till my PR result comes? Please note: I am the primary applicant.

Please help and advise !!

You won't qualify for a BOWP.

 

[SSGarg]

Hi @scylla thanks for the response. Could you please explain little more. Or by any chance, could you send any link regarding this information?

 

[SSGarg]

If I have restored my status as a Visitor in Canada after my work permit expired and went back to my home country and then get an ITA and then apply for PR and get AOR and then I should be able to apply for BOWP after coming back to Canada as a Visitor and continue working till my PR result comes, right?

 

[Navjot1610]

If I have restored my status as a Visitor in Canada after my work permit expired and went back to my home country and then get an ITA and then apply for PR and get AOR and then I should be able to apply for BOWP after coming back to Canada as a Visitor and continue working till my PR result comes, right?

for BOWP you need AOR+ valid work permit without those documents you can not apply for extension as far as I know

 

[scylla]

If I have restored my status as a Visitor in Canada after my work permit expired and went back to my home country and then get an ITA and then apply for PR and get AOR and then I should be able to apply for BOWP after coming back to Canada as a Visitor and continue working till my PR result comes, right?

No. You still won't qualify for a BOWP. To qualify, you must either be holding a valid work permit or qualify to restore your status to a work permit.

 

[SSGarg]

Thanks @Navjot1610 and @scylla for your replies.
So to qualify to restore my status as a worker within 90 days, do I need to have LMIA or is it possible without that as well?

 

[scylla]

Thanks @Navjot1610 and @scylla for your replies.
So to qualify to restore my status as a worker within 90 days, do I need to have LMIA or is it possible without that as well?

You'd need to have a job offer and approved LMIA since your PGWP has expired.

 

[SSGarg]

Thanks @scylla for the response and information.

Could anyone please clear my first question as well:

“Do I need to apply for restoration of status within 90 days even if I am going back to my home country because my work permit is expired? I already have a TRV as a visitor which I got stamped on my passport after getting my PGWP, but my wife doesn’t have it so should we apply visitor visa inside Canada for her? I also have heard that Immigration don’t convert our status automatically to a visitor (even if we have stamp of TRV) but we have to apply for it. “

Please advise !!

 

[forevermore76]

Thanks @scylla for the response and information.

Could anyone please clear my first question as well:

“Do I need to apply for restoration of status within 90 days even if I am going back to my home country because my work permit is expired? I already have a TRV as a visitor which I got stamped on my passport after getting my PGWP, but my wife doesn’t have it so should we apply visitor visa inside Canada for her? I also have heard that Immigration don’t convert our status automatically to a visitor (even if we have stamp of TRV) but we have to apply for it. “

Please advise !!

There's no need to apply for restoration if you are leaving Canada. TRV is not a status document and only provides the opportunity to present yourself at a Canadian POE for determination.

It's worth noting that 90 day restoration doesn't grant you any status and you should leave Canada immediately. The longer you stay, the longer your overstay becomes. This could ultimately have negative implications on your future applications.

 

[SSGarg]

Thanks @forevermore76 for the response.

So that means, We would not be eligible to work even if we get our ITA while waiting in our home country and come back as a Visitor and apply for BOWP.
So conclusion is, me and my wife would not be eligible to work in Canada till our PR gets approved.
Should I apply for Restoration of Status as a Visitor for my wife because she doesn’t have any permit as of now if she wants to come back in Canada whereas I have my TRV stamp?

Please advise !!

 

[scylla]

Thanks @forevermore76 for the response.

So that means, We would not be eligible to work even if we get our ITA while waiting in our home country and come back as a Visitor and apply for BOWP.
So conclusion is, me and my wife would not be eligible to work in Canada till our PR gets approved.
Should I apply for Restoration of Status as a Visitor for my wife because she doesn’t have any permit as of now if she wants to come back in Canada whereas I have my TRV stamp?

Please advise !!

She needs to apply for a TRV if she wants to be able to return to Canada as a visitor, not restoration. She can only apply for the TRV once outside of Canada.

 

[SSGarg]

Thankyou so much for your reply @scylla.

One last doubt: If I receive ITA when I am here (inside Canada), then can I apply for BOWP after uploading my PR file? considering I am on restoration period but hasn’t applied for restoration as a visitor/worker/student yet.

 

[Navjot1610]

If you want to work you need valid work permit ...if you get ITA while your work permit is valid and you successfully got your AOR only than you can apply for BOWP ...if your work permit expired than you got ITA no BOWP.
No other way as far as I know rather than getting LMIA

 

[scylla]

Thankyou so much for your reply @scylla.

One last doubt: If I receive ITA when I am here (inside Canada), then can I apply for BOWP after uploading my PR file? considering I am on restoration period but hasn’t applied for restoration as a visitor/worker/student yet.

No