WP overlaps AINP application problem. Please help.

[dhisihsaiz]

Hi All,

Hope somebody can lighten me up about my problem.

I am TFW in Calgary and my work permit and visa are only valid til July 2011. I have applied my AINP 6 months ago and I last heard from AINP when they asked for additional docs last week. My problem is the employer of mine who doesnt want to apply a new LMO for me, even if they know that it will overlap my AINP application, and my legal status in Canada as a worker will only be valid til July this year. They said that I can go home and apply for my PR back home and come back in Canada when everything turns out fine.

Is it possible to apply my PR and not to have continuous work for my employer? (since they are not willing to apply an LMO)

What is the best option to do regarding this matter?

I am very confused and so anxious about this.

Thanks in advance.
Dhisihsaiz

 

[Leon]

If you get nominated by AINP, you will not need an LMO to apply to extend your work permit. If you don't get nominated by AINP and your work permit expires and you have to go home, your AINP application is gone because you are not working for the employer who sponsored you any more but if you have been working for 2 years or more, maybe you can apply under CEC.

 

[dhisihsaiz]

Hi Leon,

Thanks for your quick reply/help.

I might be receiving the nomination result on or before July. If in case I receive my positive AINP before the expiration of my WP and visa, what will be my next step to be legal here in Canada - if there is no need for LMO or extension of work permit.

dhisihsaiz

 

[Leon]

You would still need to extend your work permit. You just don't need an LMO to do it if you are already nominated. Ask the AINP. I am not sure if there is something they have to do or if it is enough that you send a copy of your nomination letter along with your request to extend. If you have the request to extend sent in before your work permit expires, you are ok to continue working because you are under implied status until you get an answer.

 

[dhisihsaiz]

Thanks, Leon.

So do you think its a good move just to make sure, to apply for restoration of status first, before July, while waiting for my AINP?

I appreciate your help.


dhisihsaiz

 

[Leon]

Restoration of status is something you apply for if you are still in Canada after your work permit expires and become illegal. You then have 90 days to apply for restoration or go home.

If you meant to say apply for extension, I do not know if it will do you any good to apply for an extension without an LMO or a nomination. Without one of them, you have no grounds to apply for an extension.

Talk to the AINP. If they know that your work permit is about to expire they might make sure you will have your nomination before then. Just don't tell them that your employer does not want to apply for your LMO because it makes it sounds like your employer is getting cold feet about sponsoring you for PR. Rather tell them that your employer is certain that the LMO would be refused and that is why you are worried about things and want to know if your nomination will be through by then.

 

[dhisihsaiz]

I am just thinking that in case my AINP will not arrive til July, i could apply for a restoration of status while waiting for it, otherwise my WP and visa will expire by then.

Thanks for your help again. Much appreciated.

dhisihsaiz

 

[dhisihsaiz]

Hi Leon, And for everyon who's knowledgeable about this:

One more question, if you dont mind.

My WP and TRV will expire the same date. If i will have an implied status, is applying a renewal of TRV comes together with the WP extension as well?


Thanks again!