Work permit LMIA issue

[zeroism]

In Canada on a IEC Working holiday and received a job offer from my employer with an LMIA. The employer applied for the LMIA and was advised if I submit my application for the new work permit that I would be on implied status until a decision on the work permit.
I recently received a letter from CIC that my work permit application has been refused because of the lack of LMIA. Currently my employer is trying to figure out why the LMIA hasn't arrived as it applied for before May.

I now have 90 days to restore my status. Does this mean I have to change to visitor status and am I able to submit a valid LMIA when it comes through? or do I need to re-apply for the work permit?

 

[PMM]

Hi

In Canada on a IEC Working holiday and received a job offer from my employer with an LMIA. The employer applied for the LMIA and was advised if I submit my application for the new work permit that I would be on implied status until a decision on the work permit.
I recently received a letter from CIC that my work permit application has been refused because of the lack of LMIA. Currently my employer is trying to figure out why the LMIA hasn't arrived as it applied for before May.

I now have 90 days to restore my status. Does this mean I have to change to visitor status and am I able to submit a valid LMIA when it comes through? or do I need to re-apply for the work permit?

1. Yes, you have to restore your status as a visitor, I assume you stopped working when your IEC expired, as there is no implied status with an IEC as it not extendable.
2. If you receive an approved LMIA, you will have to either apply outside Canada for a work permit, or "flagpole" at port of entry for a new work permit. If CIC/CBSA suspects you continued to work after your IEC expired, you can expect difficulties.

 

[zeroism]

Is there any way to check on the status of an LMIA application? Its has been submitted in May and my employer has still not been contacted about the application.
I'm not sure what I should do as I have a car and renting a home in Canada and not sure if I should be getting ready to leave the country.

 

[AnangRaj]

I'm on visitor visa soon be hopefully getting Positive LMIA , so I have to get out of Canada and then apply for work permit or can go to Canada consulate in US may be in New York , and apply there instead of flagpole cause flagpole isn't safe for sure as I'm being told.
Please give me your opinion on this

 

[scylla]

Is there any way to check on the status of an LMIA application? Its has been submitted in May and my employer has still not been contacted about the application.
I'm not sure what I should do as I have a car and renting a home in Canada and not sure if I should be getting ready to leave the country.

The LMIA processing times look normal so far. Typically it seems to take four months so your employer should be hearing something very soon.

 

[zeroism]

My manager has been in contact with CIC and haven't been able to fast track the LMIA. They were told that the application is at 20 weeks and would have to wait until 25 weeks before we would hear anything.
I'm going to submit my Restoration of Status application and then will have to wait as a visitor and not work. Once the LMIA does come through can I flag pole the work permit application at the border or will I have to submit online only?

 

[zeroism]

Can I apply for restoration of status and work permit at the same time?

 

[scylla]

My manager has been in contact with CIC and haven't been able to fast track the LMIA. They were told that the application is at 20 weeks and would have to wait until 25 weeks before we would hear anything.
I'm going to submit my Restoration of Status application and then will have to wait as a visitor and not work. Once the LMIA does come through can I flag pole the work permit application at the border or will I have to submit online only?

You can't flagpole while out of status. You must have valid status in Canada to flagpole.

 

[scylla]

Can I apply for restoration of status and work permit at the same time?

Yes - you can do that if the LMIA has been approved. If the LMIA hasn't been approved yet, then you'll need to apply for restoration and to change your status to visitor.

 

[AnangRaj]

Does flagpole affect future PR application as it shows dule intentation of applicant.

 

[zeroism]

What is the processing time on restoration status to visitor status? There seems to be many varied answers on this