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IEC Open Work expired. How to restore/extend?

DanMol

Member
Sep 10, 2019
11
3
Hi Everyone!
I came to Canada on a IEC Open Work Permit which has expired on AUG. 12.
At the beginning of July (around 40 days before my permit expired) I applied for a PR under common-law sponsorship... and within it, a Open Work Permit application as well.
Because some Tax docs were missing, the application was returned as incomplete on AUG 17. I gather all the documents and sent it back, which they received on AUG. 22.
I come to realize now that I am not on implied status as by the time I resent the application it was after my IEC OWP expired. As I didn't know... I continued to work as I thought I was under implied status still. I stopped working immediately as I found out. (I didn't work for more than 20 days.)

I heard that I need to apply for a restoration of status in order to continue working. But I'm not sure if I can because I was on Working Holiday type of visa...

Any knowledge with that? Should I apply for a restoration as a worker? How to do so?

I appreciate all of your help, thank you!
 

scylla

VIP Member
Jun 8, 2010
92,831
20,490
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Everyone!
I came to Canada on a IEC Open Work Permit which has expired on AUG. 12.
At the beginning of July (around 40 days before my permit expired) I applied for a PR under common-law sponsorship... and within it, a Open Work Permit application as well.
Because some Tax docs were missing, the application was returned as incomplete on AUG 17. I gather all the documents and sent it back, which they received on AUG. 22.
I come to realize now that I am not on implied status as by the time I resent the application it was after my IEC OWP expired. As I didn't know... I continued to work as I thought I was under implied status still. I stopped working immediately as I found out. (I didn't work for more than 20 days.)

I heard that I need to apply for a restoration of status in order to continue working. But I'm not sure if I can because I was on Working Holiday type of visa...

Any knowledge with that? Should I apply for a restoration as a worker? How to do so?

I appreciate all of your help, thank you!
You cannot restore your status back to worker. To restore back to worker, you would need a job offer and approved LMIA from your employer.

You do need to restore your status - but your only option is to restore to visitor (you obviously won't be able to work). Restoring your status to visitor is important - otherwise you'll be waiting significantly longer before you'll be able to work.

You won't be able to work again until your OWP is approved (the one you submitted with your PR application). So best case scenarion, that's probably going to be around mid December. Hurry and get the restoration application in to avoid further delays.
 

DanMol

Member
Sep 10, 2019
11
3
You cannot restore your status back to worker. To restore back to worker, you would need a job offer and approved LMIA from your employer.

You do need to restore your status - but your only option is to restore to visitor (you obviously won't be able to work). Restoring your status to visitor is important - otherwise you'll be waiting significantly longer before you'll be able to work.

You won't be able to work again until your OWP is approved (the one you submitted with your PR application). So best case scenarion, that's probably going to be around mid December. Hurry and get the restoration application in to avoid further delays.
Okay! That sounds right.
Yeah I already prepare myself to not work until December. Considering that now, they are looking into the July applications. So chances are mine won't be touch until Mid October... Which is really upsetting.

- Considering I had a IEC Working Holiday type of permit. The OWP that I sent with the PR application stills qualify? Are there chances it can be approved?

- How do I restore as a visitor? I've been to the cic website and there is no such thing as 'apply here' or 'restore now'... and would it be 'restore my status as a visitor' or ' extend my status as a visitor'?

Thanks for your quick reply!
 
Last edited:

rjoy

Star Member
Dec 16, 2019
50
2
Okay! That sounds right.
Yeah I already prepare myself to not work until December. Considering that now, they are looking into the July applications. So chances are mine won't be touch until Mid October... Which is really upsetting.

- Considering I had a IEC Working Holiday type of permit. The OWP that I sent with the PR application stills qualify? Are there chances it can be approved?

- How do I restore as a visitor? I've been to the cic website and there is no such thing as 'apply here' or 'restore now'... and would it be 'restore my status as a visitor' or ' extend my status as a visitor'?

Thanks for your quick reply!

Hi,

My PR is in progress (it was submitted a week after my IEC visa expired as I had technical complications online and so missed the deadline to get implied status).
My employer is holding my job open for me but they can't do an LMIA needed for me to apply for restoration as a worker.
I'm worried that being out of status now / out of status at the time I applied, might affect the final outcome of the PR decision. How did you find how to restore your status as a visitor?
 

DanMol

Member
Sep 10, 2019
11
3
Hi,

My PR is in progress (it was submitted a week after my IEC visa expired as I had technical complications online and so missed the deadline to get implied status).
My employer is holding my job open for me but they can't do an LMIA needed for me to apply for restoration as a worker.
I'm worried that being out of status now / out of status at the time I applied, might affect the final outcome of the PR decision. How did you find how to restore your status as a visitor?
Hi,
It won’t affect it. You have 90 days to apply for the visitor visa (restoration) after your IEC visa has expired. So you should be fine. Apply now in order for you to be able to wait in the country for the PR and Visitor visa. And you should stop working meanwhile. It sucks, but it’s how it is...

Good luck!!!
 

rjoy

Star Member
Dec 16, 2019
50
2
Hi,
It won’t affect it. You have 90 days to apply for the visitor visa (restoration) after your IEC visa has expired. So you should be fine. Apply now in order for you to be able to wait in the country for the PR and Visitor visa. And you should stop working meanwhile. It sucks, but it’s how it is...

Good luck!!!
Thanks very much for the advice! How do you apply for the restoration? Do I just apply for a visitor visa now?