Work Permit

[lebronjames]

Hi,

guys need help my work permit expires last april 11 unfortunately my employer did not apply for my restoration then my new LAMIA got approved so my employer process my work permit last april 23 so im not working now. im checking the application online will take more than 105 days. my question is it ok to go for the flagpole application even its already more than 3 months i dont have valid status? and do the flag pole now or just wait another 1 month +++ for the work permit?

 

[Lammawitch]

YOU, not your employer, needed to apply for restoration of status, if necessary.

What is your current status? Implied? Visitor? OOS?

You can't flagpole if you are out of status.

 

[scylla]

YOU, not your employer, needed to apply for restoration of status, if necessary.

What is your current status? Implied? Visitor? OOS?

You can't flagpole if you are out of status.

Agreed. If YOU didn't apply to restore your status - then you are out of status and cannot obtain a work permit from within Canada and you also cannot flagpole. It is too late to restore your status from within Canada. You'll have to return home and apply for a new work permit from there.

 

[Zainab_grace]

Hey good day. Can someone here give me an idea about our situation. my husband is currently in canada as tfw. he's planning to sponsor me so that means if ever my visa or work permit is valid same as him but I have this on going application for PR (I'm the principal applicant). Is it ok if I will come to canada as a dependant of tfw, bec. we want to be together while waiting for our PR papers? does this invalidate my PR application?..
Thank you...

 

[Lammawitch]

Hey good day. Can someone here give me an idea about our situation. my husband is currently in canada as tfw. he's planning to sponsor me so that means if ever my visa or work permit is valid same as him but I have this on going application for PR (I'm the principal applicant). Is it ok if I will come to canada as a dependant of tfw, bec. we want to be together while waiting for our PR papers? does this invalidate my PR application?..
Thank you...

You will get more/better answers if you post your own thread.

Short answer:
If your husband is a tfw in an occupation that allows a spousal open work permit, you can come live & work in Canada while awaiting PR.

If not, you can apply for a visitor visa (or enter as a visitor if you have a visa-exempt passport), and visit your husband (not work) while awaiting PR.

Neither of the above will affect your on-going PR application.

 

[lebronjames]

Agreed. If YOU didn't apply to restore your status - then you are out of status and cannot obtain a work permit from within Canada and you also cannot flagpole. It is too late to restore your status from within Canada. You'll have to return home and apply for a new work permit from there.

hi i don't have any status but my employer already apply for my work permit last April 24 i got expired on 13th so too late to apply for implied status that's why i stop working till my new work permit will be released. so do i need to exit canada to get my new work permit? they said just to wait here is the letter i got from the agency who is doing my papers....

2015-04-24
A41*** - Work Permit - W3013*****

Quick Application Notification
Hello Team
App. No. A4*****
CIC App. No. W301******
Application No. A41*** for MY NAME? has been submitted on 04-23-2015.
CIC App. No is W301******
Current expected dates is 06-29-2015
Processing office is CPC Vegreville

so do i just wait for my new work permit its been soooo long already......

 

[scylla]

We've already explained what you need to do. The answer isn't going to change.

The work permit is going to be refused because you are out of status in Canada.

You need to leave Canada and apply for the work permit again from outside of Canada.

 

[Lammawitch]

We've already explained what you need to do. The answer isn't going to change.

The work permit is going to be refused because you are out of status in Canada.

You need to leave Canada and apply for the work permit again from outside of Canada.

Agreed. +1.

 

[lebronjames]

Hi


really i need to go outside canada all this time i thought i can wait here as my agency told me im with my wife and son so we need to go outside canada and apply, it stated that my lamia will expire on sept. 30 so should something will be apply before that... it will be too late for us to go home right? so is there any way like apply for visitors visa or something?

 

[scylla]

Hi


really i need to go outside canada all this time i thought i can wait here as my agency told me im with my wife and son so we need to go outside canada and apply, it stated that my lamia will expire on sept. 30 so should something will be apply before that... it will be too late for us to go home right? so is there any way like apply for visitors visa or something?

It's too late to apply for anything from within Canada - including a visitor visa. In order to apply for any kind of visa/permit from within Canada, you would have had to have submitted a restoration application within 90 days of your work permit expiring on April 11th. It is now well over 90 days since your work permit expired and you didn't submit a restoration application within 90 days. So it's too late to restore your status from within Canada. Your only option is to leave Canada.

 

[lebronjames]

can i just call cic on monday and check with them the status or advise on what should we do?

 

[elgama]

Hi there, I am from Mexico and I have been applied twice to get a work permit but have beed refused both times, the reason is because I am inadmissible to Canada, I have been charged for domestic violence in the USA on 2011, I demonstrated I didnt hurt my wife, and the charge was misdemeanor, with 3 years probation and a fine, which I paid already, I sent the FBI report, the payment what I did to the court, 3 references from the company where I worked, marry letter, I went to anger managment classes and send evidence, a letter from my wife testifying I didnt hurt her, also I sent a letter explaining all my case.
I knew about been inadmissible, and I know I cant apply for "TRP" because I am not in Canada, also I cant apply for rehabilitation, because when my probation and when I finished paying the fine, was a year ago,and to apply for rehabilitation has to pass 5 years.

I am skilled worker, speak english, having references, but I dont how to convince the immigration agents, I am not criminal, I am not searching to stay there after my work permit ends, I have my wife, my two children,my home, a job, in my home country, my LMIA contract ends on november 11 2015, do I have to re-apply? let me incclude the "x" saying my refusal.

1-"x" After a careful review of your work permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations I am refusing your application.
2-"x" You are a member of an inadmissible person class of person described in the immigration and Refugee Protection Act. As a result you are inadmissible to Canada pursuant to the following Section(s)
3-"x" You have not satisfied me that you would leave Canada by the end of the period authorized for your stay, in reaching this decision , I considered several factors, including.
"x" Lenght of proposed stay in Canada
"x"Purpose of visit
3-Section 40(1)(a) and Section(2)(a): You are still inadmissible to Canada as a period ot two years has not passed since your prior refusal.

 

[scylla]

can i just call cic on monday and check with them the status or advise on what should we do?

You can do whatever you want to. However the answer is not going to change. You need to leave Canada.

 

[scylla]

Hi there, I am from Mexico and I have been applied twice to get a work permit but have beed refused both times, the reason is because I am inadmissible to Canada, I have been charged for domestic violence in the USA on 2011, I demonstrated I didnt hurt my wife, and the charge was misdemeanor, with 3 years probation and a fine, which I paid already, I sent the FBI report, the payment what I did to the court, 3 references from the company where I worked, marry letter, I went to anger managment classes and send evidence, a letter from my wife testifying I didnt hurt her, also I sent a letter explaining all my case.
I knew about been inadmissible, and I know I cant apply for "TRP" because I am not in Canada, also I cant apply for rehabilitation, because when my probation and when I finished paying the fine, was a year ago,and to apply for rehabilitation has to pass 5 years.

I am skilled worker, speak english, having references, but I dont how to convince the immigration agents, I am not criminal, I am not searching to stay there after my work permit ends, I have my wife, my two children,my home, a job, in my home country, my LMIA contract ends on november 11 2015, do I have to re-apply? let me incclude the "x" saying my refusal.

1-"x" After a careful review of your work permit application and supporting documentation, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act and Regulations I am refusing your application.
2-"x" You are a member of an inadmissible person class of person described in the immigration and Refugee Protection Act. As a result you are inadmissible to Canada pursuant to the following Section(s)
3-"x" You have not satisfied me that you would leave Canada by the end of the period authorized for your stay, in reaching this decision , I considered several factors, including.
"x" Lenght of proposed stay in Canada
"x"Purpose of visit
3-Section 40(1)(a) and Section(2)(a): You are still inadmissible to Canada as a period ot two years has not passed since your prior refusal.

I responded in your other thread. There is no point applying for any kind of visa to Canada until you qualify for rehabilitation in 2019. Your visa was correctly refused because you are inadmissible. Your only choice is to wait until 2019.

 

[Zainab_grace]

You will get more/better answers if you post your own thread.

Short answer:
If your husband is a tfw in an occupation that allows a spousal open work permit, you can come live & work in Canada while awaiting PR.

If not, you can apply for a visitor visa (or enter as a visitor if you have a visa-exempt passport), and visit your husband (not work) while awaiting PR.

Neither of the above will affect your on-going PR application.

Thanks for the response, I really appreciate.. My husband is a supervisor in restaurant, so I guess he can sponsor me.