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Restoration of Status - Work Permit Expired

Discussion in 'Foreign Workers' started by TorontoWorkPermit, Jul 27, 2011.

  1. Here is my case background:
    My work permit expired on 30March2011. I applied for an extension on 22March2011 and have been in 'implied status' till now. I got a response from CIC on 26July2011 that my work permit extension has been refused as they need Labour Market Opinion (FYI, my prospective employer didn't send an LMO along with the application for extension as my job category was originally exempt from LMO when my intial work permit was applied and received). The refusal letter stated the follwing:
    "My temporary resident status expired on 20Jul2011. Please consult the section "Restoration of Status' in the application guide: "Applying to change conditions or extend your stay in Canada" with fees $350."

    My Questions:
    1. From the fees ($350), I understand that it is for both restoration ($200) and work permit ($150). But to apply for work permit extension, I'll have to get the LMO which will take atleast more than 75 days (~). That means I'll have to wait towards the end of 90 days (~October first week) to apply for the work permit restoration when the LMO gets ready. But then I'll be out of status until Oct first week. What should I do immediately to stay in status?

    2. I don't clearly understand what they mean by ‘Restoration of Status'.
    Does that mean if I apply for restoration of status, I can stay in Canada as a temporary visitor while my LMO is getting ready?

    3. Can I do just the restoration of status (paying fees $200) for now to stay in status and then do send the work permit extension (paying $150) when my prospective employer is ready with the LMO towards Oct first week?

    4. In the ‘Application to change conditions, extend my status or remain in Canada' (IMM1249e.pdf), which section among the following should I select for the very first question - I'm applying for?: Just D (or) Both C and D (or) Both D and E (or) C, D and E
    Options Info:
    C: An initial work permit or extension of work permit
    D: Restoration of temporary resident status as a visitor, student or worker
    E: Another temporary resident permit. Include 2 passport photos

    Thanks very much in advance to all those who can offer some guidance on these!
    I would like to take some actions immediately to stay in status.
  2. I appreciate any assistance on this, I'm very confused on what to do next.
    Thanks very much in advance!
  3. I for one can't be sure if you're still eligible for restoration considering your status ended last march 30, way past the 90 days allowed to submit an application for restoration. Call CIC and ask if you can still apply for the restoration. Get the agent's name so you can cite him or her when you apply for the restoration (if he or she says you're still eligible).

  4. Hi, I have the same situation as yours but different category.

    For your question, I don't have all the correct answer but I could share my experience follow by each of your question.

    (1) 90days means start from the day of your status expired_in your case, count the 90 days start from "20Jul2011" as day 1. 90 days including holidays, weekends, you should send all support documents to CIC within 90 days on line.

    (2) Don't think sending fee($350) separately is a good idea and probably will be rejected by CIC as well. LMO with confirmation number should be provided once your employer applied on line or the perspective employer can all the Service Canada or HRSD to obtain the confirmation number or tracking number. Get the number and call CIC 2 weeks (working days) before the end of your restoration days and provide the tracking number,they can track your approval of LMO and make further decision on your case. Then, you should be able to stay in Canada legally but not working legally.

    (3) Q.2 I don't know, call CIC.

    (4) Q3_Don't pay fee separately. Just do what CIC shows on the website and follow the rules so you don't waste anytime in processing the case.

    (5) Q4_"D" should be correct, ask your friends or colleague from work force to review that with you could be a better idea.

    Myself is waiting everything in place so I can send the application forms on line and hopefully not take too long to get my work permit issued by CIC.

    Good luck

  5. hello to all members of this forum,the informations given here are really helpfull and usefull.i been reading in this forum a long time ago and now i am a member yay so glad to join the big family.
    i have a question that im not sure of its answer and would appreciate any help,please if you are not sure about the answer dont post it.
    im filling out an application to change conditions,extend my stay or remain in canada as im a temporary foreign worker but this time is not like usuall as im applying for a work permit extension and restoration of status as a worker of course within the 90 days.
    in section E-additional information(question number 13 says: have you or any of your family members in canada ever been convicted of or charged with a crime or offence in any country?)
    1)since i lost my status and im now applying for a restoration,did i commit an offence under the immigration act?
    2)if yes,what kind of details should i give?

    this is very important question for me,please guide me from your personal experiences and informations,thanks to everyone.
  6. Hi

    No, it is not a crime.
  7. Hi,

    thank you PPM for your kind help.so i should tick the box that indicates no then,what really confuses me is what i read in the CIC website(if you lost your status you have commited an offence under the immigration act and you maybe subject for an inadmissibilty hearing that may lead to a removal order) what is that exactly mean?
    one more question Sir: whats the chances of getting a restoration application approved as a worker if everything is in order and how long it takes for the process if applying with a new employer?

    your help is very appreciated
  8. Hi

    They define crime as under the criminal code. The statement means that you could be reported under the Immigration and removed from Canada.
  9. Hi PPM,thanks again :)

    one more question please,i could be reported under the immigration and be removed even if i have applied for a restoration of status within the 90 days given by citizenship and immigration?
    thank you very much for your helpfull answers.
  10. As long as you don't figure out in a big crime, you're safe :) Technically, they could remove you but they won't, that's why these measures are there for you to straighten out your status. Are you here as a worker?

  11. Hi,

    thanks job-seeker,well i have never committed any crime and yes i am here as a worker,i applied for a restoration of my status and work permit together and paid the 350 dollars fees within the 90 days period,i included everything in my application(job offer,approved lmo....)
    now im just wondering what will be my chances to get my status back and a work permit?
    PS:im a skilled worker

    thanks again job-seeker
  12. If you have submitted a LMO with your application for restoration/WP and you have submitted documents of your status (before it expired), documents asked for on the checklist then I don't see any reason why they should turn you down. Albeit you can't work now (no implied status), so you have to wait for your WP/VR.

  13. Hi,job-seeker

    i have stoped working once my W/P expired.let me make it clear,i have submitted all documents on the checklist along with LMO and job offer and paid the fees for both work permit and restoration(all that within the 90 days given by cic) but of course not before my work permit expired or so i will only requesting a W/P extension not a restoration.
    i hope you get what i mean and your help will be highly appreciated.
  14. You're good. Relax and pray and hope for the best. I know how it feels. Good for you you're applying for restoration with all the needed requirements for the WP.


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