Restoration of Status - Work Permit Expired

[Ethanrohan23]

Hi,
I would like to ask what is the processing time for a restoration of status application its been 3 mos since i send my papers and i have'nt heard anything yet?? Is the processing time for restoration is the same with renewal of work permit??thanks and godbless.

 

[tindiazqureshi]

Hi,
I would like to ask what is the processing time for a restoration of status application its been 3 mos since i send my papers and i have'nt heard anything yet?? Is the processing time for restoration is the same with renewal of work permit??thanks and godbless.

Hi Ethan,

Yeah, i guess it is the same one as renewal of work permit. I've checked application processing time CIC but there is processing time for restoration of status. May i know how long it took for your LMO to be processed? thanks in advance.

 

[needy]

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.

Hi! I got refused too...

I applied for work permit extension a month before it expires, I send my application last May 11, 2011, my work permit expired last june 9, 2011. I received a letter from CIC (last september 23, 2011 dated september 15, 2011) that I have been refused because my CAQ was expired.

I immediately send my CAQ application with new work contract, letter from my employer and EXPIRED work permit (june 9, 2011) last september 26, 2011. It will take more than a month of waiting for new CAQ. With my expired work permit I don't have any idea if they will still give me a new CAQ since one of the requirements to renew is a valid work permit. Is there any chance that they would still give me a new CAQ?

Someone told me that since I'm in a live-in caregiver program I'm already eligible to apply for a permanent resident and that I could send both my application for open permit and permanent resident in one shot. and I don't need to renew my CAQ. I'm skeptical about this info since I only heard this from a friend's friend. Is this true?

90 days! Holidays and week end does count and everyday I'm losing precious time waiting for my new CAQ. I'm worried that I will not make it on time. If I receive my new CAQ before the 90days period. Let say less than 20days left, do you think I still have enough time?

What are my chances of getting my status restored? any helpful tips?
Can i apply for open permit after my restoration? then PR?

what is the approximate waiting time for every application?

Thank you in advance

 

[wsongco]

I applied for work permit extension a month before it expires, I send my application last May 11, 2011, my work permit expired last june 9, 2011. I received a letter from CIC (last september 23, 2011 dated september 15, 2011) that I have been refused because my CAQ was expired.



I immediately send my CAQ application with new work contract, letter from my employer and EXPIRED work permit (june 9, 2011) last september 26, 2011. It will take more than a month of waiting for new CAQ. With my expired work permit I don't have any idea if they will still give me a new CAQ since one of the requirements to renew is a valid work permit. Is there any chance that they would still give me a new CAQ?

your working with the same employer for sure they will issue you CAQ

Someone told me that since I'm in a live-in caregiver program I'm already eligible to apply for a permanent resident and that I could send both my application for open permit and permanent resident in one shot. and I don't need to renew my CAQ. I'm skeptical about this info since I only heard this from a friend's friend. Is this true?

yes as long as you finish 24 months of employment and you already submitted your application before your work permit expired. but in your statement you have submitted your application so you really need to restore you status by applying new wp

90 days! Holidays and week end does count and everyday I'm losing precious time waiting for my new CAQ. I'm worried that I will not make it on time. If I receive my new CAQ before the 90days period. Let say less than 20days left, do you think I still have enough time?

i think you can apply restoration even if you waiting for the CAQ. you just have to call CIC once you recieve it

What are my chances of getting my status restored? any helpful tips?
Can i apply for open permit after my restoration? then PR?

you have to wait for the new wp

what is the approximate waiting time for every application?

for CAQ 4-6 weeks. for WP you can check online http://www.cic.gc.ca/english/information/times/temp.asp

Thank you in advance

hope it helps. i suggest you read this link to apply for PR/OWP http://www.cic.gc.ca/english/information/applications/live-in.asp

 

[needy]

I already called the CIC if I can send my restoration application while waiting for my CAQ, the agent told me that I will still be refuse if I don't include my CAQ. I'm waiting for my CAQ now and time is running. My question is If I only have less than 20days left, will they still process my application for restoration? with the processing that takes more than a month, what is my status after 90days (from September 15)? will the immigration force me to leave canada even if my application for restoration was already sent before the 90days?

 

[kesi]

We have the same situation. My work permit expired on June 2011. I applied for an extension on january2011. on nov4 2011 i got my response as well from CIC that it has been refused as they need the LMO which my employer did not send along with the application. CIC has given me 90 days to restore my status. on monday i plan to go to Service Canada and ask for options because I dont want to leave Canada. my question is, while waiting for my LMO can i apply for another job?

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.

 

[emmagail]

yes, they can and will remove you during the wait for restoration.

Me and my wife separated, and she phone CBSA. They said that even though i have the application submitted, i was still classed as an over-stay, and issued the removal order that same day.
I am now under removal, waiting for a PRRA which has no chance, and will be removed shortly - and i have 2 children in Canada
I was told in local CIC office AND on 1888, that restoration can only be done via mail application.

If you dont have a spouse like mine, or a get into trouble, you should be fine during the wait

 

[Claudia Cristina]

Reapplying for Work Permit

Hello,

I have a question too. My sister in law is living in Canada and her work permit expired in september 2011. She did apply for a new work permit in august, but she got to find out today that her work permit was rejected around 3 weeks ago (december 13 2011 ). The reason for rejection was that her passport expired during these 90 days and that they did not receive the LMO yet. She got a positive LMO in the begining of december, or maybe late november, but it seams that her attorney forgot to send the positive LMO and the details of her new passport. My question is: can she reapply using the positive LMO she already has and the new passport, even though the 90 days have already expired? And if so, what are the chances she would get a positive reply?

 

[rjessome]

Re: Reapplying for Work Permit

Hello,

I have a question too. My sister in law is living in Canada and her work permit expired in september 2011. She did apply for a new work permit in august, but she got to find out today that her work permit was rejected around 3 weeks ago (december 13 2011 ). The reason for rejection was that her passport expired during these 90 days and that they did not receive the LMO yet. She got a positive LMO in the begining of december, or maybe late november, but it seams that her attorney forgot to send the positive LMO and the details of her new passport. My question is: can she reapply using the positive LMO she already has and the new passport, even though the 90 days have already expired? And if so, what are the chances she would get a positive reply?

She can apply for restoration and a new work permit. But she must stop working now. Wow, what a great lawyer, NOT!

 

[revival]

Hi rjessome,
Pls kindly advice on my issue.i have studied almost all your write ups on this forum and i know you are very good and well informed in immigration related matters.send you pm,pls reply.thanks so much.revival

 

[ismailgls]

my visa expired 30 sep 2011 ..i applied for work permit without LMO in 14 dec 2011 and they send me refusal letter on 17 jan 2012 and then i called the call centre and they started to re considering my application ..Lmo is approved my application in 15 feb 2012 ..the government sent me a refusal letter in 22 feb 2012.. they said that i can not apply for work permit without LMO..I have already passed the restoration period but i do not want t leave here ..Can i apply for a work permit ?? or if i go to the usa border can i get a permit ??? can you please give me advise ??

thank you so much

 

[job_seeker]

What is stated on your letter of refusal dated feb 22, 2012?

my visa expired 30 sep 2011 ..i applied for work permit without LMO in 14 dec 2011 and they send me refusal letter on 17 jan 2012 and then i called the call centre and they started to re considering my application ..Lmo is approved my application in 15 feb 2012 ..the government sent me a refusal letter in 22 feb 2012.. they said that i can not apply for work permit without LMO..I have already passed the restoration period but i do not want t leave here ..Can i apply for a work permit ?? or if i go to the usa border can i get a permit ??? can you please give me advise ??

thank you so much

 

[ismailgls]

they said that first letter .which i had 17 of jan ,they can not approve without lmo paper but i got a positive lmo on 14 of feb and then i called the call center 15 of feb and i told them to this information ...and then they opened my file 22 of feb and finally they refused me again ..they showed me same reason which they sain in 17 of jan....

Did i explain it ??

Thank you so much

 

[job_seeker]

I didn't quite understand your response. When you applied for the WP without LMO in December, did you also apply for restoration of status? If you did and you only received their response on Jan 17 or Feb 22 then you can apply for the WP and restoration of status again. Attach a copy of the most recent letter you received.

they said that first letter .which i had 17 of jan ,they can not approve without lmo paper but i got a positive lmo on 14 of feb and then i called the call center 15 of feb and i told them to this information ...and then they opened my file 22 of feb and finally they refused me again ..they showed me same reason which they sain in 17 of jan....

Did i explain it ??

Thank you so much

 

[ismailgls]

yes i applied for wp in 14 of december in the restoration period ..