Lost status while waiting for LMIA and wife needs visa extension, please help

[olaf13th]

Hey all,

here's briefly my situation:
- in August my visa was about to expire and before that I have applied to get work permit while also starting LMIA process
- LMIA was applied for in October
- the work permit got denied in November because the LMIA was not submitted in time

Meaning I'm right now out of status and would like to restore my status as a visitor.

At the same time, I have a wife and her visitor visa ends on 31st December and she'd like to apply for an extension of that visitor visa while we wait for my LMIA to be processed and my new work permit to be applied for. However one of the required documents for the visa extension is "Proof of status of family member", but I'm currently out of status. What should my wife submit there?

As for myself, I'd like to apply to get my status restored as a visitor to bridge the waiting for the LMIA, but will I have to wait to get the visitor visa first if the LMIA comes back positive in the next days? Or if I have LMIA, can I apply to restore my status with work permit?

Additionally, I also have an invite for Young Professional which I have accepted, but not yet submitted (also, apparently I cannot change the country of residence in the form, ideas?)

I'm just not entirely sure what the best course of action for us both would be right now. I'll be super grateful for any of your insights and comments!

Best wishes,
Olaf the 13th

 

[olaf13th]

So, an update: I just got a confirmation that my LMIA has been approved. Now the lawyers are preparing the paperwork and they're suggesting to go to the border to get the new work permit. However the LMIA paper will arrive in 7-10 business days and my wife's visa expires in 7 normal days.

Can I file for visitor extension for my wife to give her implied status and then go to the border with her? Would that cause any issues? Also, would me being out of status and going to the border cause any issues?

 

[scylla]

Typically getting a work permit at the border is a problem if you're out of status in Canada.

I would apply to extend your wife's visitor visa in Canada now. Once the LMIA arrives, I would apply for restoration and to extend your work permit rather than trying the border run.

 

[olaf13th]

Typically getting a work permit at the border is a problem if you're out of status in Canada.

Yeah that's what worries me. I was also considering staying in US for like a week. Though I'm not sure that would make any difference..?

 

[scylla]

Are you American?

 

[olaf13th]

Nope, from visa-exempt EU country.