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LMIA and Restoration querry

SKP1992

Member
Mar 17, 2014
10
0
canada
Hi,

I was on a PGWP which expired on the 28th of Oct, 2018. I was unable to find employment till the 15th of Sept 2018. I found my employer to be kind enough to apply for an LMIA, which they submitted on the 25th of Oct, 2018. I applied for my work permit extension (new employer) the same day and mentioned details regarding my LMIA stuff and all in the letter of explanation. I was working with the same employer as I was under implied status.

Today I received the refusal from CIC/IRCC. they said I was unable to provide a positive LMIA and they are refusing my application. My status expired today (14th Jan 2019). They gave me 90 days to apply for restoration. Trying to get past the mental trauma this puts on everyone(why cant gov of Canada have a way to link all these applications?), I was preparing to call my employer and tell them that I cant work till I get my status restored. But before that, I was hoping someone could provide some guidance/information in this regard.

Firstly, If I get my LMIA letter 2 months from now and I apply for my restoration on the same day, I will have 30 more days. Is that enough time for them to make a decision on my status? What happens if I dont hear back from them before my 90 days have passed eventhough I applied well in advance?

Second, How long does LMIA application take these days? Mine is not a high wage job or something.

Third, What if i leave Canada, take a long vacation (unpaid as my employer would agree to that) and applied for a new work permit after I get my LMIA? Would my restoration thing affect that application in any way?

Lastly, Can I go back to work as soon as I restore my status while my work permit application is processing after the fact? Will i retain my status or do I have to wait for the entire work permit process?

Any help would be greatly appreciated.
Thanks
 
Last edited:

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
Firstly, If I get my LMIA letter 2 months from now and I apply for my restoration on the same day, I will have 30 more days. Is that enough time for them to make a decision on my status? :Yes. You can apply anytime as long as its within the 90 days.

What happens if I dont hear back from them before my 90 days have passed eventhough I applied well in advance?: The 90 day period is for you to submit an application. If you dont apply within 90 days then you wont be able to restore your status.

Third, What if i leave Canada, take a long vacation (unpaid as my employer would agree to that) and applied for a new work permit after I get my LMIA? Would my restoration thing affect that application in any way?: You have an option to restore status in Canada or leave and apply for new permit. If you leave then you wont need to apply to restore status as you will be applying for new permit/visa

Lastly, Can I go back to work as soon as I restore my status while my work permit application is processing after the fact? Will i retain my status or do I have to wait for the entire work permit process? You are applying to restore status as a worker. You can not work without a permit


 
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