LMIA has already been submitted for me by my employer. We're waiting for the response now. If my employer get a Positive, I can claim 50 additional points.
Yes, then you can claim the 50 points. Keep in mind that you must have a languge test completed and the results received to even set up an EE profile.
Also something to keep in mind is that you must have valid status in Canada while applying for PR. So if the OWP is refused and you are applying for PR, then you will definitely want to leave Canada as soon as that refusal happens and you lose status to avoid impacting the PR application.
Oh... I have a Visitor's Visa until 2024 October.
Jesus! Are you serious? I thought, if my application was refused, I must stop working immediately, however can take my time to leave the country.
You would want to leave within 30 days. As soon as the OWP is refused, you'll be in Canada without status.
I just got off the phone with IRCC, they're suggesting that I wait until November 30th and then withdraw my application. When I withdraw, I lose the maintained status, as a result I must stop working immediately.
There were a few things that she wasn't clear about.
1. She said that I can re-apply (after withdrawing in November end) as a "restoring status" applicant under the Public Policy. However, she is not sure if the immigration will send a letter stating that I can continue to work until a decision is made.
2. She's also said that if I don't get the letter, I cannot work until a decision has been made on my application, and that she cannot guarantee if I will get my application approved.
My ultimate question is, should I gamble on withdrawing and re-applying? The only downfall to it is, I'll be unemployed for god knows how long and If my application is refused, then I'll continue to be unemployed until I can work my PR out.
I wanna wait until January to see the outcome of my LMIA, however I'll lost the Public Policy then.
Right now, I might have a chance with Public Policy only until December 31st.
How positive will my "Restoring Status" application be?
I personally wouldn't rely on anything the IRCC call centre tells you. They have a reputation here of giving wrong advice. They are good for very very simple questions. Your situation is not simple. If they give you wrong advice and you follow it, the blame will lie with you. So I'm not going to comment on what they said because it may be right or it may be wrong or it may be somewhere in between.
No one here can make the call on whether you should gamble on withdrawing and reapplying. As said before, your situation is quite complicated and you are in lawyer territory if you're looking for that kind of advice. If it was a simple matter of restoring your status and applying under the policy, that would be one thing. However your situation is complicated by the fact that you submitted an OWP application when you didn't qualify for one and that was outside of the window for the public policy - and you've remained in Canada under that incorrectly filed OWP working. IRCC may not care at all that you've done this or they may care very much. That's literally impossible for any of us to predict or tell.
No one here can tell you how positive yoru restoration application will be.
Ultimately no one here is an immigration lawyer. We are all normal people like you. No one can give you the chances of each of these paths being successful or recommend which you should do.
