Over stayed out of status by 1 day

[lieutenentdan087]

I have run out of status as my work permit expired today. I did not apply for my extension as I was expecting the answer on my lmo 2nd. I have read about restoration of status. My question is can I apply for my new work permit from within Canada at the same time as my restoration of status with a positive lmo? Or do I have to apply for restoration of status and then go to a border crossing with my lmo to get a new work permit? I had an immigration lawyer last time I recieved my positive lmo and work permit and he told me I could stay in Canada as a visitor for 90 days after my work permit expires, But i looked at my work permit tonight and it says I must leave Canada by today. Help please!!

[vgatiwan]

i think your lawyer is right...coz you are on implied status for 90days and you could still wait for your lmo by then before applying work permit.....if you stayed after 90days thats the time you will apply for restoration......

[job_seeker]

I have run out of status as my work permit expired today. I did not apply for my extension as I was expecting the answer on my lmo 2nd. I have read about restoration of status. My question is can I apply for my new work permit from within Canada at the same time as my restoration of status with a positive lmo? Or do I have to apply for restoration of status and then go to a border crossing with my lmo to get a new work permit? I had an immigration lawyer last time I recieved my positive lmo and work permit and he told me I could stay in Canada as a visitor for 90 days after my work permit expires, But i looked at my work permit tonight and it says I must leave Canada by today. Help please!!

You can send an application for restoration of status within 90 days, and yes you can submit WP app together with the restoration application (same form, tick applicable choices) and pay corresponding fees and submit required docs.

[lieutenentdan087]

Thanks for your help guys. One more question, Can I apply for my restoration of status without my new lmo to get implied status and when I recieve my lmo send that in to get my new work permit? I just don't want to send in the restoration of status and pay the fees and then have to pay fees again when I get my lmo. Obviously it makes sence for me to send in my restoration of status now so I can continue to work now but I just don't want to go through the whole process again when I get my lmo. I just want to know is it better to hold off until I get the lmo and take a week off work or something or send it in now?

[angelbrat]

If you did not send in your extended work visa application BEFORE your old work visa expired then you have to stop work now.

Sending your restoration only allows you to remain as a Temp Visitor in Canada.

Until you get your new LMO, you will not be alowed to work. Implied status only works if the applications have been sent in before the visa`s end, not after.

If you carry on working you risk serious trouble with CIC. 

[lieutenentdan087]

Thats ok I am not working anyway as I did not want to take the chance of doing something wrong. Its just not very clear on the web site it gives the impression that I could work on implied status. I applies for my restoration and paid all the fees. Can I call them up and send them my lmo file number so they can issue the new work permit or will I have to send in a new application when I get the lmo and pay all the fees again? I am just finding it hard to find definitive answers.

[shrath]

i m in the same situation and have answers for ur questions if u havent found it yet:P.. restoration and work permit Application is one and the same.. u just need to tick " Application for Restoration" which is on the right hand side corner of the form. and also i had a question.

DOES CIC reject work permit after having a positive LMO?.. when i have applied for restoration? every1  i talked to told me work permit and restoration never gets rejected once you have a positive LMO.. is it true kindly reply:)

[shrath]

and also if u can tell us what happened to your process i will appreciate that:)

[job_seeker]

Thats ok I am not working anyway as I did not want to take the chance of doing something wrong. Its just not very clear on the web site it gives the impression that I could work on implied status. I applies for my restoration and paid all the fees. Can I call them up and send them my lmo file number so they can issue the new work permit or will I have to send in a new application when I get the lmo and pay all the fees again? I am just finding it hard to find definitive answers.

Do you have the new LMO now? You can submit your application for restoration and new work permit together, but you have to pay $200 for the restoration and $150 for the WP application. If you have submitted an application for restoration and WP and paid both fees (even with no LMO), then you can call CIC and let them know that you already have the LMO. You don't need to pay another $150 again.

[lieutenentdan087]

I applied for restoration of status, And when I recieved my positive lmo I called up the cic helpline. I gave them the file number and the added it to my profile. They said if my status is restorted I will recieve my new work permit at the same time. It takes 62days for them to process restoration according to the guy in the call centre. I also asked him what the chances of being rejected with a positive lmo were. He said I should have no problem as I had a valid reason for over staying and also because I resolved the problem straight away, But there is always a possibility I will be rejected then I would have to appeal. I will post more info as soon as I get it from them.

[sweet87]

hiii guys....my case is also like this ..i wanna know that can i live in canada if i am on lmo only...my lmo was applied by my lawyer within the 90 days after my open work permit was expired(expired on 02 dec 2010). and i got my lmo after those 90 days..and after that he applied for the work permit and m still waiting for work permit. bt somebody told me that this is a risk..and my lawyer doesnt tell me anything exactly..
plz help me..