Need Help: Received AOR but LMO Was Negative Opinion

[retwant]

I need your help to find the best case scenario on how to proceed:
My work permit expired on Sept 16th, 2013 and was an extension of my previous Post Graduation Work Permit that expired in 2011. Since I couldn't get all the documents for CEC/BOWP route before Sept 2013, my company posted the advertising requirements for my LMO two months before that, and applied for my LMO around mid August 2013. We waited for two weeks and had no response, and after we contacted them, we found out early Sept 2013 that my employer sent the LMO application to the wrong office. On the next day, they sent a new application to the correct address and attached a letter of explanation of what happened.

After waiting until a few days before Sept 16th, 2013, my company hasn't received any response for LMO, and so I sent the application for my work permit extension just around Sept 10th, 2013. We got negative response for the LMO a week after that, as the HR apparently followed the old LMO procedure pre-August 2013 and using wrong NOC code. I received the refusal for my work permit around Oct 20th, 2013. That means I can stay here in Canada until around Jan 20th, 2013. Work is slowing down too, so I was temporarily laid off until we got our work permit approved.

So now my company made sure they did the correct advertising requirements for my LMO, and everything to the small detail, including the NOC code. But just now, we had another negative LMO on Dec 18th, 2013 because apparently the advertising expired right on the day the HRSDC were reviewing the LMO application. I already pointed to them that we needed to make sure that the advertising is up even a month after they are reviewing the LMO application, but I guess they missed that one again. So now they are doing another round of LMO advertising etc for me.

Meanwhile, I completed all my documents for CEC on Oct 9th, 2013 and sent the application on that same day. I received my positive AOR on Nov 22nd. Can you give me advice on how should I proceed? I want to stay here longer enough until I get my work permit or CEC permanent residency. I was thinking of applying both for extensions in my work permit (without LMO) & visitor visas. What do you think? Never heard any good stories on people getting open work permit this way. Please kindly I need your help...

I hope you all will have a good day~

 

[KevinSong]

I need your help to find the best case scenario on how to proceed:
My work permit expired on Sept 16th, 2013 and was an extension of my previous Post Graduation Work Permit that expired in 2011. Since I couldn't get all the documents for CEC/BOWP route before Sept 2013, my company posted the advertising requirements for my LMO two months before that, and applied for my LMO around mid August 2013. We waited for two weeks and had no response, and after we contacted them, we found out early Sept 2013 that my employer sent the LMO application to the wrong office. On the next day, they sent a new application to the correct address and attached a letter of explanation of what happened.

After waiting until a few days before Sept 16th, 2013, my company hasn't received any response for LMO, and so I sent the application for my work permit extension just around Sept 10th, 2013. We got negative response for the LMO a week after that, as the HR apparently followed the old LMO procedure pre-August 2013 and using wrong NOC code. I received the refusal for my work permit around Oct 20th, 2013. That means I can stay here in Canada until around Jan 20th, 2013. Work is slowing down too, so I was temporarily laid off until we got our work permit approved.

So now my company made sure they did the correct advertising requirements for my LMO, and everything to the small detail, including the NOC code. But just now, we had another negative LMO on Dec 18th, 2013 because apparently the advertising expired right on the day the HRSDC were reviewing the LMO application. I already pointed to them that we needed to make sure that the advertising is up even a month after they are reviewing the LMO application, but I guess they missed that one again. So now they are doing another round of LMO advertising etc for me.

Meanwhile, I completed all my documents for CEC on Oct 9th, 2013 and sent the application on that same day. I received my positive AOR on Nov 22nd. Can you give me advice on how should I proceed? I want to stay here longer enough until I get my work permit or CEC permanent residency. I was thinking of applying both for extensions in my work permit (without LMO) & visitor visas. What do you think? Never heard any good stories on people getting open work permit this way. Please kindly I need your help...

I hope you all will have a good day~

What do you mean "That means I can stay here in Canada until around Jan 20th, 2013" ?

you mean 2014? even if it was a mistake you put 2013 instead of 2014, how is it possible you can stay in Canada till 2014 ? you said your work permit expired Sep 16th 2013.. Are you holding other permit from Canada to stay in now?

As far as I understand, people can't apply BOWP IF they have positive LMO. That means that you might be eligible to apply for BOWP IF you now staying in Canada with a valid work permit which will expire within 4 months.

 

[scylla]

You're out of status. You can't apply to extend a work permit when you're out of status. You have 90 days from the time you lost your status to submit an application to restore your status. I don't know if CIC counts this from the date when your original work permit expired (in Sept.) - or when you received the refusal (in Oct.). You had better hope it's October. Otherwise it's already too late to restore your status and your only option is to leave Canada.

I would submit an application now to (1) restore your status; (2) change your status to visitor.

Hope you stopped working as soon as your work permit was refused in October. Otherwise you engaged in illegal work.

 

[retwant]

Sorry if it wasn't clear there. I received the refusal for my work permit around Oct 20th, 2013. In that refusal letter, they advised me that my temporary resident status expired on Oct 20th, 2013 and I have 90 days to restore it. That was why I said I can stay until mid Jan 2014 (mistypo in original post 2013). Yeah I stopped working right away and was temporarily laid off until I get my working permit extended. Meanwhile, my company is currently preparing for their third LMO attempt for me. The first one around Sept 2013 got negative response due to using the older procedure & wrong NOC code. The second one on Dec 18th 2013 got negative as well because they didn't keep the advertisement running by one or two days short.

So while waiting for the success of third LMO attempt (could be another 5-6 weeks), as well as my CEC permanent residency (could be another 10 months or more). What would be the best way to proceed? Restoration of my status is definitely my current goal right now. Even though it is costly, I was thinking of doing both restoration to Open Work Permit as well as Visitor, even if my chance of success is low on the open Work Permit. Thank you so much btw for the help and the time you take on helping me here~

 

[scylla]

I would not submit the open work permit. You don't qualify for one. I think this increases the chances something will go wrong / you might confuse CIC - and you'll end up being told to leave Canada.

I would apply for what you actually qualify for. You qualify to apply for the restoration of status and to change your status to visitor.

 

[retwant]

Thank you so much for the help! I will restore my status immediately as visitor just to be safe. Meanwhile, gonna wait for eternity until I get the results from my next LMO attempt. If I got positive LMO opinion, then do I restore my close work permit or just apply a new permit without restoration? This is assuming that later on my status has been restored to visitor visa.

Thanks again all for the help. They are very much appreciated~

 

[scylla]

You would just apply for a new work permit.

 

[retwant]

Thank you so much Scylla! I hope you have an exceptional December this year~