Restoration of Status and extension of work permit

[BelleL]

Hi Guys, hope someone can help shed some light for me!

My open work permit visa expired in Oct 2011, I applied for restoration of status within the 90 days plus applied for a new work visa. Should have an decision by March.

Two Questions though....

If I get refused 'restoration of status' and a new work visa, and they give me a time frame to leave Canada, can I still apply from home (ireland) for my second year work visa, or am I considered banned from Canada even though we applied for restoration of status within the 90 day time frame?

And secondly, I just got confused by reading a few posts here about getting a 2nd year working visa. I understood I could just apply for another work visa, this being an open work visa, like my first one through usit. But for some reason Im reading that to be granted a 2nd year visa you need to apply for an LMO through your employer?? But this would mean I would need to stay working with this particular employer, whereas the inital visa allowed me to work anywhere in canada for any employer?? Im just a bit confused after reading some posts!!

Thanks for your replies

 

[BelleL]

Re: Restoration of Status and new work visa question

I should have said restoration of status and extension to initial work permit....ANYBODY????

 

[amyg]

Hi BelleL,

Not sure if you are considered banned from Canada...

When applying for you next work permit you require an LMO or Labour Market Op that your employee has to apply for. To get around having to leave the country or stop working you can send in your application for a new work permit without an LMO and hopefully the LMO comes back before your new permit is declined.

You have to stay working for this employer. You can change but I have heard that it is very very difficult to do so and you most likely will require a new LMO. The current processing times for LMOs in Calgary not sure where you are is 14 weeks.

Good luck, hope this sheds some light, PS your next work permit will not be an open one best of luck!

 

[rjessome]

Hi Guys, hope someone can help shed some light for me!

My open work permit visa expired in Oct 2011, I applied for restoration of status within the 90 days plus applied for a new work visa. Should have an decision by March.

Two Questions though....

If I get refused 'restoration of status' and a new work visa, and they give me a time frame to leave Canada, can I still apply from home (ireland) for my second year work visa, or am I considered banned from Canada even though we applied for restoration of status within the 90 day time frame?

And secondly, I just got confused by reading a few posts here about getting a 2nd year working visa. I understood I could just apply for another work visa, this being an open work visa, like my first one through usit. But for some reason Im reading that to be granted a 2nd year visa you need to apply for an LMO through your employer?? But this would mean I would need to stay working with this particular employer, whereas the inital visa allowed me to work anywhere in canada for any employer?? Im just a bit confused after reading some posts!!

Thanks for your replies

In order to be granted the 2nd year through the IEC, you need to apply through the appropriate visa office OVERSEAS, not Vegreville. The work permit you sent to Vegreville will be refused as it needs an LMO with it. No, you won't be banned from Canada as long as you didn't do anything that would make you inadmissible or excluded.

 

[BelleL]

Thanks for your replies guys.

Cant believe we messed up, we didnt apply for the LMO when we applied for restoration of status or visa extension. How the hell did we miss that. I spent so long reading all the info available. I guess we are gona be declined so and back home to the land of no jobs in IRE. Freaking out!

 

[rjessome]

Thanks for your replies guys.

Cant believe we messed up, we didnt apply for the LMO when we applied for restoration of status or visa extension. How the hell did we miss that. I spent so long reading all the info available. I guess we are gona be declined so and back home to the land of no jobs in IRE. Freaking out!

You can still apply for the 2nd year of the IEC.

 

[BelleL]

I just received my refusal letter in the post! I cant believe I didnt realise that it was the IEC I should have applied to first time around.

On the refusal letter it basically says that we are to leave Canada immediately. Does anybody know what 'immediately' means!! Would 2 month time frame be considered too long. Its just that we need to sell up everything and get all our things sorted before we can get home. Anybody got any ideas on this ?