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JayJay67890

Full Member
Feb 13, 2016
39
2
I was a student and I got only one year work permit. I could not find a skilled job until 5 months after I got my Post Graduate Work permit. My permit expired last year November. I went to a lawyer and she applied for a work permit, 3 months after I received an email from CIC stated that my permit was refused because my employer did not provide an offer of employment directly to CIC under the LMIA-Exemption for foreign nations under the International Mobility Program and they did not pay the compliance fee. They said I should apply for restoration within 90 days. My employer decided that they were going to help. After going though the application, my employer asked under what exemption code am I under? I reviewed them and with situation I could not any code which I fall under. I need help in finding what LMIA exemption code my situation will fall under? CIC said I may apply for restoration if employer completed the form 5802 and paid the fee. From my understanding of this, I met the requirements but I dont understand why they said this and I cannot find a code/reason in which I met the requirements.
HELP!!!
 
You need to provide more information to explain which exemption you think you fall under. Based on the information you have provided so far, there is no LMIA exemption you would qualify for.

It sounds like you held a post graduate work permit and that work permit expired. If so, then you need a approved LMIA to apply to restore your status back to a work permit.
 
Thanks for that answer. I figured I did not qualify for LMIA-exemption. So I was wondering why CVC Vegreville stated I was refused under the R200(3)(f.1). and I may apply for restoration If my employer paid the free and submit the IMM5802.
 
JayJay67890 said:
Could I restore my status by using my common law wife?

What's her status in Canada?
 
They probably asked you about LMIA exemption because you did not include an LMIA.

As far as I see, unless your employer can swing an LMIA soon, you are out of luck. You can restore your status to visitor until you figure that out.

If you have been common law for at least 12 months, your partner can sponsor you for PR. If you apply inland and she applies for an open work permit for you at the same time, you might have it within 4-5 months.
 
JayJay67890 said:

Having a citizen wife doesn't allow you to restore your status back to work permit or give you any other immediate benefit. You should apply to restore your status back to visitor to start. Then look into having your wife sponsor you for PR through spousal sponsorship.