sadiq_g said:
Im an April 2010 applicant at buffalo embassy, medicals were requested in Feb 2012 and i did my medicals and it reached Ottawa on 6th march 2012 and sent RPRF too at the same time which was also encashed by Buffalo embassy.
At the same time my work permit which i obtained on the basis of a positive LMO expired on 22nd march 2012. Ive sent in another application for LMO on 1st march, result of which is expected sometime beginning of May, so currently im under implied status coz i applied for a wrk permit extension too.. which is pending coz my LMO hasnt been approved yet.
Will this situation affect my PR application and delay my passport request? when can i expect something from Buffalo?
Hi Sadiq,
You should have a LEGAL STATUS when your PR Visas would be issued to you.
In your case, if you are living in Canada then you should be having a valid WORK PERMIT/Visitor/Student permit. You can only be in IMPLIED STATUS when you have applied for an "EXTENSION OF STAY" or "CHANGE STATUS" before your valid status is about to expire.
Please correct me in my understanding: Did your EMPLOYER just apply for an LMO? If thats the case then you are not in Implied status. And one can apply for WP extension with an "Approved LMO" only. So, IMO your application for WP is likely to fail. Earlier there used to be an option for "Concurrent processing" wherein one could apply for WP while the LMO is still being processed at HRSDC.
If the above is correct, then unfortunately you are out of status. But you still have an option to rectify your status by applying for "RESTORATION OF STATUS" within 90 days of losing your previous legal status (Work Permit ; which was valid till 22nd March 2012) ...the fees for which is $200 Cad and a status fee for Visitor which is another $125 Cad.
You have the option to apply for either Student or Visitor status. For Student Permit you will have to to show funds, payment for the course and acceptance by the Educational Institute. For Visitor you have to show enough funds for yourself and family and the reason to continue to live in Canada. Generally these permits are granted for a year unless appropriate reason for less or more is requested. Suppose, a Primary applicant has a school going child, then he can request for a Year status (for the child to complete the academic year) and I know of cases where it has been granted. Be sure to show enough FUNDS for the stay.
With Buffalo as your VO, it is really very difficult to predict your processing timeline. You have to keep your status VALID for your PR to be issued to you.....this is of UTMOST IMPORTANCE.
This is my suggestion:
Apply for RESTORATION OF STATUS by the end of April (latest).....so that if your PR Visas come in by that time, you have the paperwork to prove that you tried to remain in Status. And in case it does not come by that time, you will continue to be in Implied status till a decision is made on your Restoration status application. The current time for processing Restoration application is 9 weeks. You can check by calling 1-888-242-2100. Please do mention in our application ( in a cover letter) that you have a PR application in process and give the latest details like - Meds done/ RPRF fees encashed etc (Provide the proofs). This will not affect your PR or Restoration of status application negatively.
Once you get your PR....then validate it and request for a cancellation of Restoration of status. Actually, the restoration of status application will become redundant automatically once CIC finds that you have a valid PR and will refund your fees ($325).
Whatever you do - "REMAIN IN LEGAL STATUS".
GOOD LUCK.
Mitali
