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Immigration Issues/Work Permit extension denied

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QUESTION: Hi,
I had initially received my open work permit based on spouse being a student on a 2yr university course in canada, since has now finished her studies and has a job i applied for extension of my work permit till sept 2015(same as what my spouse has after passing her university).
I had applied for extension of my work permit on dec 10th 2012 since my open work permit was to expire on jan 30th 2013. I called cic on feb 14th to enquire about my status and was informed that my request has been denied since my wife's job did not meet the Noc 0,A,B category.
1. I want to know does my 90 days start from the day my open work permit expired or the day i called cic or the day when i receive the letter?
2. What are my best options at the moment and how long does it take to restore status since i cannot find that information on cic's website.

Any expert advise on the matter will be appreciated

ANSWER: Hi Nirav,

Thanks for your inquiry.

1. I want to know does my 90 days start from the day my open work permit expired or the day i called cic or the day when i receive the letter?

90 Days from the validity of your Work Permit starts for  restoration of your status.

2. What are my best options at the moment and how long does it take to restore status since i cannot find that information on cic's website.

Since your wife's job did not meet the Noc 0,A,B category, you left with only one option and that is LMO. Therefore, you should have an employer in Canada who can hire you as an foreign worker.

Good luck.
Regards,
Ravi

---------- FOLLOW-UP ----------

QUESTION: Thank you for the information Ravi....that was really helpful. I just had a couple of  questions---
1.If my wife finds another job in the same company which fits the required Noc category (0,A,B) can i still re-apply or will that be a problem?
2. If apply for visitor permit to stay in canada do I still have to leave canada and then come back again?

Best regards,

Answer
1.If my wife finds another job in the same company which fits the required NOC category (0,A,B) can i still re-apply or will that be a problem?

If you spouse is working under O, A, B: You have good reasons to get your permit extended.

2. If apply for visitor permit to stay in Canada do I still have to leave Canada and then come back again?

Most likely, you will be asked to leave Canada and apply for visitor visa because your work permit has been denied already.

Remember: Officer’ got huge discretion in respect to any given application.
Best is to get an LMO and apply.

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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