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Immigration Issues/Declined Work Permit, waiting on lmo

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Question
My Partner had applied for an extention on his work permit. It was declined on the basis that he needed an LMO from his company. His employer as since provided the LMO, and its been 6 weeks since his extension was declined. He is still within the 90 days for restoration of status. But the current LMO waiting times seem to be absurd, and I fear that the 90 days will be up far before he receives a Postive LMO. In the time since he has been out of status, we have sent in a request for spousal sponsorshop, as we are legally common-law and currently own a home. My concern is, if we don't receive the postive LMO or the approval for spousal sponsorship within the 90 days, what is our next step? We live close the the American boarder, can we simply cross over to the States and reenter under visitor status? Perhaps bring the reciepts for the common-law visa?

Answer
Dear Kayla,

Thanks for your inquiry.

Wonder, if your partner is eligible for an Accelerated LMO application, which usually takes around 2 weeks. Do check with your employer or Service Canada.

Your concern: if we don't receive the positive LMO or the approval for spousal sponsorship within the 90 days, what is our next step? We live close the the American boarder, can we simply cross over to the States and reenter under visitor status? Perhaps bring the receipts for the common-law visa?

If you both are common-law then you simply submit the application to Vegreville along with supporting documents and pay the extra $200 penalty in order to restore your partner's status. Once you do this then your partner will get an extension of one year or more, ONLY if your sponsorship application has being submitted earlier. And make sure to mention in the application that your partner's Family Class application is in process therefore he want to extend his stay in Canada till the processing completes. Crossing the boarder is bit tricky and visa officers got huge discretion.

Regards
Ravi

Immigration Issues

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Ravi Khosla

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You can ask question related to Canadian Immigration, policies and procedures.

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Serving the community since last 25 years in regards to their immigration matters.

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Senior Paralegal (Immigration) CVT Law Office Surrey BC

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M.Sc.,LL.B.

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