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Need Honest Opinion Limited time Left In Canada

harry gambhir

Star Member
Apr 6, 2013
80
0
Need Honest Opinion Limited time Left In Canada

my ee file got rejected because my lawyer forgot to attach an offer or employment. she attached the letter of employment and the LMIA but forgot the offer of employment and now i got rejected.
my work permit expired on 9th and i got the rejection on 10th august
I went to a different lawyer who told me that we can file a re-appeal in the federal court and i also suggested i ask the employer to apply for a new LMIA as the old one expired in april.
my employer is willing to apply and the lawyer is going to file the re appeal against the current decision

my question is i now have 86 days left to file for restoration or leave Canada
my lawyer said we should file for restoration asap
but i have been thinking why don't i wait it out to the last few days to file it.
i need to be here for the lmia as my employer needs my help
my lawyer is convinced that i will get a 6 months visitor visa
but my question is why not wait out till the 80th day to apply for that?

what do you guys think about the approach i want to take as compared to what my lawyer is saying?
also what do you think when it comes to the approach i am taking ie: LMIA and the repeal and if doing these two and attaching documents stating that i am doing these things will it get me a visitor visa for a few months to sort it out?
 
 

scylla

VIP Member
Jun 8, 2010
81,499
15,164
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The lawyer is right. File for restoration now. Two reasons. First of all - waiting until the end is risky. If for some reason your restoration application is returned (e.g. CIC believes it's incomplete), if you apply late then you will be out of time to refile the application and will have no choice but to leave Canada. Applying late leaves you no buffer for errors.

Secondly, CIC appears to be happier / more accepting of restoration applications that are submitted soon after an applicant has gone out of status - rather than waiting until almost the end.

Of course your choice...
 

scylla

VIP Member
Jun 8, 2010
81,499
15,164
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
harry gambhir said:
anyone has any idea how much time do they give you as a visitor if you apply for a restoration?
There's no answer to that question. How long someone is given is individual and decided on a case by case basis.
 

Aquib

Hero Member
Apr 19, 2011
903
128
Calgary
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 2010
Doc's Request.
March 2010
AOR Received.
JULY 2010
IELTS Request
SUBMIT WITH APPLICATION
File Transfer...
FEB 2010
Med's Request
09 FEB 2012
Med's Done....
27 Feb 2012
Interview........
Medical received 12 March
Passport Req..
15 April 2012
VISA ISSUED...
30 April 2012
LANDED..........
Sep 18 2012 Shuker Allah.
harry gambhir said:
anyone has any idea how much time do they give you as a visitor if you apply for a restoration?
upto 180 day in most of cases, your lawyer or consultant can explain you better and chk with him , as you can get extension after 180 days too