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samleath

Newbie
May 11, 2023
2
0
Hello,

I am wondering if anyone has any insight into the issue that my husband and I are facing. We are residing in Canada and both have a work permit. He has an employer-sponsored work permit and since we are married I have an open work permit. We received the permits on December 18 2021 and they expired on 3/1/2023. Due to the long processing times, we submitted an application to extend our work permits on December 6, 2022, and yesterday we received our refusal letter.

My husband's letter says that
Before the foreign national makes their application for a work permit, the employer must submit an Offer of Employment to the Minister using the electronic system made available by the Department for that purpose;
• Employers must pay the employer compliance fee of $230.00, unless they are exempt from the fee requirement under subsection R303.1(5).

Unfortunately, his employer did not submit the offer of employment. My husband told his employer this and they submitted the necessary documents yesterday....

Also, the letter says:

We also wish to advise you that your temporary resident status expired on 2023/05/10.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should be made online at www.cic.gc.ca. When you are finished, you must print the receipt of


We are from the United States and when we first got our work permits we applied at the border. My husband thinks that if we just leave Canada and come back through that we can apply for a new work permit. Has anyone ever done this before? Is it as simple as that? I'm worried since our status has expired we will not be allowed to enter back into Canada and obviously that is not something I want since our home is here.

What are the next steps we should take? would it be easier to apply for restoration? Although i know that can take months and we will not be able to work.

Does anyone have any insight? Please help me! as you all can imagine this is extremely stressful and i'm not sure if we are planning on doing the right things.

Thank you for any help you can give us!
 
As with all immigration based problems my best advice is to speak to an immigration lawyer,

Does the company in question have one? who typically deals with immigration issues?

before you go to the border make sure your paperwork is air tight.. it sounds to me like the company dropped the ball..
 
They definitely did! and they don't. My husband is the first they have had to do this whole application process for.
 
They definitely did! and they don't. My husband is the first they have had to do this whole application process for.

ok, well you need to consult with a lawyer.. get clear and exact answers and pay for them to look over the paperwork.. otherwise you may be asked to leave the country..
 
Hello,

I am wondering if anyone has any insight into the issue that my husband and I are facing. We are residing in Canada and both have a work permit. He has an employer-sponsored work permit and since we are married I have an open work permit. We received the permits on December 18 2021 and they expired on 3/1/2023. Due to the long processing times, we submitted an application to extend our work permits on December 6, 2022, and yesterday we received our refusal letter.

My husband's letter says that
Before the foreign national makes their application for a work permit, the employer must submit an Offer of Employment to the Minister using the electronic system made available by the Department for that purpose;
• Employers must pay the employer compliance fee of $230.00, unless they are exempt from the fee requirement under subsection R303.1(5).

Unfortunately, his employer did not submit the offer of employment. My husband told his employer this and they submitted the necessary documents yesterday....

Also, the letter says:

We also wish to advise you that your temporary resident status expired on 2023/05/10.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should be made online at www.cic.gc.ca. When you are finished, you must print the receipt of


We are from the United States and when we first got our work permits we applied at the border. My husband thinks that if we just leave Canada and come back through that we can apply for a new work permit. Has anyone ever done this before? Is it as simple as that? I'm worried since our status has expired we will not be allowed to enter back into Canada and obviously that is not something I want since our home is here.

What are the next steps we should take? would it be easier to apply for restoration? Although i know that can take months and we will not be able to work.

Does anyone have any insight? Please help me! as you all can imagine this is extremely stressful and i'm not sure if we are planning on doing the right things.

Thank you for any help you can give us!

We are from the United States and when we first got our work permits we applied at the border. My husband thinks that if we just leave Canada and come back through that we can apply for a new work permit. Has anyone ever done this before? Is it as simple as that? I'm worried since our status has expired we will not be allowed to enter back into Canada and obviously that is not something I want since our home is here.You cannot flag pole for a WP if you have no TRV [this is for you] and your husband seems to be on a Closed Work permit. Therefore his employer has to file for extension or you need to find another employer and go through the LMIA process

What are the next steps we should take? would it be easier to apply for restoration? Although i know that can take months and we will not be able to work. Speak to your employer and find out if they can apply WP . Applying restoration is part the problem. I would start with a conversation with the Employer and seek some legal opinions to find out options to stay in the country legally without creating further problems