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Out of Status

thefairy

Star Member
Nov 19, 2008
74
1
Category........
Visa Office......
lima
Job Offer........
Pre-Assessed..
Interview........
voided
LANDED..........
april the 4th 2009
Hello everyone!
Im writing for a friend of mine. She came to Canada about 2 years ago on a working visa to a restaurant. This place broke the rules of her contract several times and made her work 48-50 hours a week and never got paid OT.
Anyways, she left her work after many months, and started working on another restaurant which told her they will process her new LMO. After waiting 6 months , the LMO was denied... my question is ... she is out of status now, working under the table jobs. What options does she have to become legal in Canada again? She is a Civil Engineer on her country, but her degree doesnt mean too much here...
Any ideas? Is she under any risk of removal or so?
thanks
 

Leon

VIP Member
Jun 13, 2008
21,958
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She never should have left the first restaurant until the other one already had an LMO and she already had her new work permit for it. Starting to work there without a work permit for that place is illegal and could get her deported if she's caught. As for the overtime from the first workplace, if she kept records of it, she can go to the labour board and file a complaint against them to make them pay up but I don't think she wants to do that right now since she is out of status and also it may be too late to make a complaint about it by now.

Right now, she needs a job that can get her an LMO or a skilled job that can get her an AEO so she can apply for immigration via FSW or PNP. If her 2 year visa is already expired but less than 90 days ago, she can file for restoration of status and apply to change it to visit status. If it's not expired yet but about to expire, she can apply to change it to visit status. Otherwise, it would be best for her to leave before she gets into any more trouble.
 

thefairy

Star Member
Nov 19, 2008
74
1
Category........
Visa Office......
lima
Job Offer........
Pre-Assessed..
Interview........
voided
LANDED..........
april the 4th 2009
Thank you Leon,
I know she is on a rough position now and seems like pretty short of options. As far as I know her initial work permit was for a year only and expired by february 2008, so its been more than a year that she is out of status.
If she finds an employer who can sponsor her, will she need to get out of Canada to have this processed?
I suppose for anything else such a student permit or so she will also need to start the process from her home country right?
 

Leon

VIP Member
Jun 13, 2008
21,958
1,293
Job Offer........
Pre-Assessed..
If she's already in Canada a year out of status, it's a bit of a bigger problem. She should talk to an immigration lawyer or if she can't afford one, go to an immigrant/newcomer centre and see if they can give her any advice.
 

PMM

VIP Member
Jun 30, 2005
25,074
1,769
Hi

Leon said:
If she's already in Canada a year out of status, it's a bit of a bigger problem. She should talk to an immigration lawyer or if she can't afford one, go to an immigrant/newcomer centre and see if they can give her any advice.
IMHO, it is time for her to go home. There is probably no fix for working illegally, overstaying by a year.

PMM