Lmia problem

[Pink rose5]

Hey all,

Asking for a friend, he can really use some help. He worked in Subway for 2 years and was waiting for decision on nameless lmia. Recently, his employer told him that the government is not processing lmia’s for food service workers. His permit expired on 31st march and received a letter from cic saying to submit lmia for work permit. Now what should be done? His lawyer is saying to apply for study permit/tourist visa. What should be best done in this situation? Should he go back?

 

[PMM]

HI

Hey all,

Asking for a friend, he can really use some help. He worked in Subway for 2 years and was waiting for decision on nameless lmia. Recently, his employer told him that the government is not processing lmia’s for food service workers. His permit expired on 31st march and received a letter from cic saying to submit lmia for work permit. Now what should be done? His lawyer is saying to apply for study permit/tourist visa. What should be best done in this situation? Should he go back?

1. Too late. If his work permit expired 31/03/20 (I hope he stopped work) he had 90 days to apply for restoration as a visitor. The 90 days have passed, so he should be thinking about going home .

 

[Pink rose5]

Are the 90 days counted from the date of expiry or from the date of refusal letter received?

 

[scylla]

Are the 90 days counted from the date of expiry or from the date of refusal letter received?

Depends on what the refusal letter says. If it's refused for being incomplete (due to lack of an approved LMIA), IRCC will generally say someone has gone out of status as of the expiry of their work permit. If this happens to your friend, then as PMM said, it will be far too late to restore status and the only option will be to leave.

He cannot simply apply for a study permit or to change status to visitor. These will be refused.

He needs to see what the refusal letter states to determine if there's a chance to restore status or if he's out of luck and needs to leave.