Restoration of work permit

[Bill222]

I messed up. Two days ago I got a refusal for my work permit extension due to missing fees because I forgot to push submit after uploading the receipt. Officially lost my status as a temporary resident and now I have to restore my work permit.
I have questions:

1. Do I still reapply to extend my pgwp now that I have a new passport? I'm still within the date because I started school september 2017 and ended June 2018.

2. My company is willing to rehire me when I get things sorted. Do they have to apply for lmia? Because I got hired on a pgwp which I was planning to extend due to it expiring on the same date as my passport (which was some months before the actual expiry date since I spent a year in postgrad)

3. In the application form do I still put my status as a worker or a foreign national now

4. I left my company today, two days after receiving the refusal letter because I had to sort out my final paystub and other issues. Will I get on trouble??

5. How useful would an immigration lawyer be right now because I heard they are expensive

Please, any advice would be appreciated. I'm going to start the application next week and I'll post updates.

 

[canuck_in_uk]

I messed up. Two days ago I got a refusal for my work permit extension due to missing fees because I forgot to push submit after uploading the receipt. Officially lost my status as a temporary resident and now I have to restore my work permit.
I have questions:

1. Do I still reapply to extend my pgwp now that I have a new passport? I'm still within the date because I started school september 2017 and ended June 2018.

2. My company is willing to rehire me when I get things sorted. Do they have to apply for lmia? Because I got hired on a pgwp which I was planning to extend due to it expiring on the same date as my passport (which was some months before the actual expiry date since I spent a year in postgrad)

3. In the application form do I still put my status as a worker or a foreign national now

4. I left my company today, two days after receiving the refusal letter because I had to sort out my final paystub and other issues. Will I get on trouble??

5. How useful would an immigration lawyer be right now because I heard they are expensive

Please, any advice would be appreciated. I'm going to start the application next week and I'll post updates.

When did your PGWP expire and how much longer did it state you could get?

 

[Bill222]

When did your PGWP expire and how much longer did it state you could get?

It expired on the 12th of March and while it didn't state how much longer, I read that it should last the same amount of time as my study which was 10 months

 

[Bill222]

It expired on the 12th of March and while it didn't state how much longer, I read that it should last the same amount of time as my study which was 10 months

And I got the PGWP last September

 

[canuck_in_uk]

It expired on the 12th of March and while it didn't state how much longer, I read that it should last the same amount of time as my study which was 10 months

You can try applying for Restoration as a worker but by the time the app is looked at, you will likely be beyond the time your PGWP could have been extended.

 

[Bill222]

You can try applying for Restoration as a worker but by the time the app is looked at, you will likely be beyond the time your PGWP could have been extended.

Then if I were to apply with a normal work permit, would my chances still be good without an lmia or is that absolutely necessary? All my other documents are here and it's listed as optional but while I feel it would help, I worry about the long processing times

 

[scylla]

Then if I were to apply with a normal work permit, would my chances still be good without an lmia or is that absolutely necessary? All my other documents are here and it's listed as optional but while I feel it would help, I worry about the long processing times

If you are applying for a normal work permit rather than a PGWP, you need an approved LMIA.

 

[Bill222]

If you are applying for a normal work permit rather than a PGWP, you need an approved LMIA.

I see. Is there anyway I can get it done quickly? Like I mentioned, my old employer is willing to re-hire me again but they fear having to release confidential info for the lmia application

 

[Bill222]

And if the lmia takes longer than my 90 days, do I have to leave?

 

[scylla]

I see. Is there anyway I can get it done quickly? Like I mentioned, my old employer is willing to re-hire me again but they fear having to release confidential info for the lmia application

To get an LMIA, your employer has to start by advertising the job for a month to prove no Canadian could be found for the role. Once the LMIA application is submitted, processing time for the LMIA is typically 2-4 months. There is a fair amount of information they have to provide as part of the LMIA application about their company.

 

[Bill222]

To get an LMIA, your employer has to start by advertising the job for a month to prove no Canadian could be found for the role. Once the LMIA application is submitted, processing time for the LMIA is typically 2-4 months. There is a fair amount of information they have to provide as part of the LMIA application about their company.

They'd been advertising for a little while already (close to two months now) so would that put them at a head start?

 

[scylla]

They'd been advertising for a little while already (close to two months now) so would that put them at a head start?

It depends. Does the advertising meet the minimum LMIA requirements?

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html#h2.6

 

[scylla]

I don't know about the job bank, I'll ask and see. If they didn't, I assume they have to

Your employer must meet the LMIA advertising requirements or the LMIA will be refused.

 

[Bill222]

It depends. Does the advertising meet the minimum LMIA requirements?

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/high/requirements.html#h2.6

I don't know about the job bank, I'll ask and see. If they didn't, I assume they have to for a month then?

 

[scylla]

I don't know about the job bank, I'll ask and see. If they didn't, I assume they have to for a month then?

Yes - they would have to advertise for an additional month. They need to advertise in three places (job bank + 2). You also need to make sure the job postings have the required information in them to meet the LMIA advertising requirements.