Irish guy in desperate need of help!! Please

[Frankie100]

Hi everyone I’m in a bit of bother. I’ve been in Canada 2 Years now. left my job in Ireland to work for a man in Canada managing a restaurant. I have 2 uncles that are Married here with cousins and so on all Canadian citizens. So anyways my 2 year international Canada experience or work permit expired on oct the 5th but I applied for an extension well before the 30 days were up. So then I think all is good then on November 31st I get a email saying my cic account was updated which reads,, bla bla bla I’m a not satisfied that you meet the immigration/ refugee act. After considering all the circumstances it has been deemed that you employment does not create or maintain jobs for Canadian citizens. Your work permit expires on November 1st (one days notice)
The maximum allowable employment under the Ireland international experience is 24 months and since you have exhausted this period you are no longer eligible for a work permit extension under this program category from within Canada.
You may apply for restoration with 90 days .... that’s it well for starters who the hell gives you one days notice from email saying you can’t work like I have commitments I’m on my work roster for the next month. Then saying I don’t create jobs for Canadains I manage 15 people in a quite area in Bruce county where there’s no staff whatsoever it’s terrible. I have a car loan in Canada and rent commitments, credit card ect.. am I ment to just pack up leave or what like atleast a few months notice so I can get everything in order literally one day. I’m just in shock . Here 2 Years no convictions no speading points nothing the next day after I first landed I was working For the same employer as I am now .Can someone please help me cause I’m totally lost I finally got threw to cic after days of trying they told me to get an lmia then when that comes in drive across the border and come straight back to get a new visa at the border. Just sounds fishy to me. And what the hell am I’m going to do until then when I can’t work and have bills to pay and live for probably for 3 months

Any help would be appreciated thank you..

 

[scylla]

Unfortunately you've landed yourself in quite a mess.The bad news is that all of CIC's decisions are absolutely correct and the mess is of your own doing. It sounds like you unfortunately didn't do sufficient research about Canada's work permit rules to understand what you needed to do in order to continue working in Canada. I would strongly recommend you dedicate time to familiarizing yourself with the rules. Best place for info is here: http://www.cic.gc.ca/english/work/index.asp

You applied for a work permit extension when you didn't qualify for one (you required an approved LMIA to extend). Applying for a work permit when you don't qualify for one is viewed as an abuse of the work permit process and you were correctly refused by CIC. It's correct that you are now out of status in Canada. There is no grace period provided (again, you applied for an extension when you didn't qualify for one). You must stop working immediately. You don't want to make this situation worse by accumulating unauthorized work - that will set you up to be banned from Canada (which you want to avoid).

You should apply to restore your status immediately and to change your status to visitor. You only have 90 days to apply for restoration once you fall out of status in Canada. Assuming restoration and the change to visitor status is approved - that will at least allow you to remain in Canada legally (albeit without working).

Your employer needs to obtain an approved LMIA in order for you to obtain a work permit. (CIC is 100% correct on this count.) The LMIA process is fairly long and involved. I would count on 4-6 months end to end (although some get through faster). The first step is for your employer to advertise the job for at least a month - they must prove no Canadian could be hired for the role. Make sure they follow the LMIA advertising requirements exactly. Once the advertising requirements have been met, the employer can submit the LMIA application - expect several months of processing with no guarantee (unfortunately) of approval. Once you have an approved LMIA, you can go to the border and get a new work permit.

Good luck.

 

[Frankie100]

Ok thank you . So is that’s my only option. If I don’t restore my staus and go home to Ireland and wait for the lmia to come threw will that work or should I still restore my status. Because I don’t think I can survive over here for 4-6 months without working ?

 

[scylla]

Yes - that would be the other option (return home and wait out the processing of the LMIA there). In that case you don't need to apply to restore your status.

 

[Frankie100]

Ok thanks a lot for your help. it’s a petty I can’t stay and work while that’s going on . Sucks for bills ,accommodation and work like one days notice you think they would atleast give you a month to work out your notice or something

 

[scylla]

Ok thanks a lot for your help. it’s a petty I can’t stay and work while that’s going on . Sucks for bills ,accommodation and work like one days notice you think they would atleast give you a month to work out your notice or something

Again, the problem was that you applied for a work permit extension when you didn't qualify for one. This is what people frequently do when they know they should stop working as soon as their work permit expires but are trying to fraudulently extend their authorized working period. Consequently when the application is refused, loss of status is immediate.

You knew your working holiday visa was expiring in October. So you had plenty of notice. It sounds like you didn't research and plan accordingly. This is all on you. Not on CIC. Sorry for the tough message - but that's the reality. No one to blame but yourself...

 

[Frankie100]

Then can you please tell me what qualifies for a work extension. I applied for a work extension and it says you can still work while it’s being processed whats fraudulent about that nothing. Maybe it’s my fault for applying for the wrong thing but in my defence work permit extension is pretty self explanatory. I knew my permit expired in October this is correct that’s why I applied for a work permit extension in August well before October and well before the 30 days you have to extend it before it expires!! and then while that was being processed I continued working as your aloud do until I got an email October 31st that I was refused and my permit expires on November 1st ( one days notice). I’m not trying to screw the system or be fraudulent I just made an effort to renew my visa nothing fraudulent about that if they don’t want people extending there work visa that are not in tilted to do then they shouldn’t take there money...

 

[scylla]

Then can you please tell me what qualifies for a work extension. I applied for a work extension and it says you can still work while it’s being processed whats fraudulent about that nothing. Maybe it’s my fault for applying for the wrong thing but in my defence work permit extension is pretty self explanatory. I knew my permit expired in October this is correct that’s why I applied for a work permit extension in August well before October and well before the 30 days you have to extend it before it expires!! and then while that was being processed I continued working as your aloud do until I got an email October 31st that I was refused and my permit expires on November 1st ( one days notice). I’m not trying to screw the system or be fraudulent I just made an effort to renew my visa nothing fraudulent about that if they don’t want people extending there work visa that are not in tilted to do then they shouldn’t take there money...

You required an approved LMIA from your employer to apply for the extension (technically you would have been applying for a brand new closed work permit tied to that specific employer).

See the following link for information on under what circumstances an IEC can be extended (you'll find you don't meet any of the criteria):

http://www.cic.gc.ca/english/work/extend/iec.asp

 

[Afeezah]

Hi,everyone I need help badly.
My work permit expired on February 28,2018
Thou I applied for work permit extension in January 2018 but it was refused because I didn’t include lmia,my employer wasn’t aware I needed one for extension,I applied for another work permit extension before my work permit expired in February 22,2018,without lmia but I included a letter explaining why,the lmia came out negative yesterday because of some errors so I have to start from the advertising process again.
Though I’m yet to receive any information from CIC concerning my application,my restoration period ends on May 29 2018.
What do I do please?
I really need advice

 

[Frankie100]

Hi,everyone I need help badly.
My work permit expired on February 28,2018
Thou I applied for work permit extension in January 2018 but it was refused because I didn’t include lmia,my employer wasn’t aware I needed one for extension,I applied for another work permit extension before my work permit expired in February 22,2018,without lmia but I included a letter explaining why,the lmia came out negative yesterday because of some errors so I have to start from the advertising process again.
Though I’m yet to receive any information from CIC concerning my application,my restoration period ends on May 29 2018.
What do I do please?
I really need advice

Yea mate in the same boat unfortunately like I did you will have to leave till it comes in or apply for restoration status stay there until the lima comes in you won’t be able to work though that’s why I left couldn’t afford to stay there 4 months while that form was being processed without working hope that helps

 

[scylla]

Hi,everyone I need help badly.
My work permit expired on February 28,2018
Thou I applied for work permit extension in January 2018 but it was refused because I didn’t include lmia,my employer wasn’t aware I needed one for extension,I applied for another work permit extension before my work permit expired in February 22,2018,without lmia but I included a letter explaining why,the lmia came out negative yesterday because of some errors so I have to start from the advertising process again.
Though I’m yet to receive any information from CIC concerning my application,my restoration period ends on May 29 2018.
What do I do please?
I really need advice

Your only option at this time is to restore your status to visitor. I assume you've stopped working already.