Re-Entry into Canada (Will my LMIA still be valid if I am a visitor)

[karlahfox]

I have to cross the border and re-enter Canada as CIC cannot find my application for extension of my work permit and I am now out of status. (even past the 90 days restoration period by 10 days. My local MP's office has been and continues to assist me and is speaking to the Ministry directly to try and locate my application, but have currently still not found anything )My husband received his Post grad extension and CIC took payment for 2 extensions, but failed to issue mine. I am now being penalized by CIC for them loosing my application.

My question is this...

I will leave and re-enter Canada, BUT when I do will my LMIA still be valid if I only receive a visitors visa and NOT the work extension? I have recently been pulled for PR, but now with my current status not known, I might need to reapply for express entry under a different category..

Any advice would be great. Thanks!!!!!!

 

[Ponga]

Did you continue to work while you [thought] you were under implied status? If you did...things might be worse than you think.

There's no guarantee of being allowed to re-enter Canada...especially for a person without status. Working without authorization, on top of that, makes it even more uncertain.

Good luck!

 

[karlahfox]

Thanks for your reply. I have stopped working and waiting until I know where I stand with my status. I have a British passport so would they question me if I was applying for tourist visa even?

 

[Ponga]

With your British passport, you do not need to apply for a tourist visa; you are visa-exempt.

The issue will be whether or not the CBSA officer is aware of your overstay and how that influences his/her decision. It looks like you have solid proof of following the rules, so I'd like to think that the officer will allow you to re-enter.

Sorry, but I can't answer the LMIA. My hunch is that if the original WP has expired, it's no longer valid. Hopefully, I'm wrong about this one.

 

[karlahfox]

Thanks so much!!!


Allow me to re-enter on a visitor visa or be able to apply again for a work permit?

 

[Ponga]

Your passport would allow you to re-enter as a visitor (again, there's no visa for you).

I would think that the LMIA would no longer be valid, since the associated WP has expired. Your employer may need to start all over again with a new one...and a new WP for you.

Let's see if something ??? someone that really knows for sure, chimes in.

 

[karlahfox]

Thanks! I have consulted with an attorney, but waiting to hear back on this particular question.

Thanks for all your input