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Immigration Issues/Extention work permit and restoration of Status

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Question
Dear Roxanne, thanks in advance for your precious help.

I applied for en extension of my visa as a worker one month before the expiration of my visa, as I was waiting for my LMO and I didn't want to leave the country for a short period.

Today, I received a letter from immigration about the fact that my extension has been refused as I didn't provide a valid LMO  and a Confirmation from HRSDC. When I applied for my extension my LMO was in process so I provide them with my LMO file numebr.

I spoke to my employer today and I found out  that Service Canada had asked him some missing papers that he hadn't submitted in time and so they refused my LMO. Now my boss is willing to restart the LMO procedure all over again.

Immigration told me that I can apply for a restoration of my staus within 90 days or leave the country!
What I would like to ask you is
1)will I be considered legal in Canada if I plan to restore my status in this 3 months?
2) if I am willing to restor my status but my LMO will not be issued withing 90 days or will be negative, I can still try to restore my status as a visitor and not as a worker or at that time I cannot do anything else and I will have to leave Canada?

I really would like to try for my LMO again, as my boss unfortunately was distracted, but I also want to be sure to do everything in the legal way about my restoration of status.

Looking forward to receiving your kind reply,

Laura.

Answer
Hi Laura,

Thank you for your question.

Since your work permit extension has been refused and I'm assuming your former work permit has expired, now you are out of status in Canada.  However, in accordance with the regulations you do have the ability to apply for restoration of your status and a change of conditions within 90 days of receipt of the decision on your work permit.  So that 90 day countdown began the day you received the refusal letter.  So even though you do not have status you can apply within 90 days for restoration and a change of conditions to visitor and remain in Canada until you get a decision.  Be sure that you include BOTH application fees (restoration AND visitor) when you make this application.  You understand that you can no longer work as of the date that you received the refusal.  However, if and when your employer does get a positive LMO to be able to employ you again, you will have to apply for your new work permit to an embassy outside of Canada.  Vegreville will no longer be an option for you.  But you will be eligible to apply to one of the remaining Canadian consulates in the United States OR, if you are a visa exempt person, you may apply at the port of entry to Canada by "flag poling" where you leave and then re-enter Canada.

Good luck.

Sincerely,

Roxanne Jessome, RCIC
Regulated Canadian Immigration Consultant
www.joincanada.com

Immigration Issues

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Roxanne Jessome

Expertise

I can answer questions pertaining to Canadian Immigration laws, policies and procedures as well as Canadian citizenship.

Experience

I am a Regulated Canadian Immigration Consultant specializing in the areas of family classes (spousal sponsorships, parents and grandparents), economic classes (federal skilled worker, provincial nominees, Canada experience class), and temporary entry (temporary foreign workers, visitors) and permanent residency obligations and citizenship requirements.

Organizations
Immigration Consultants Regulatory Council of Canada Canadian Association of Professional Immigration Consultants

Education/Credentials
Graduate of the University of British Columbia, Certificate in Immigration Laws, Policies and Procedures.

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