Please help me, I'm out of status..

Discussion of issues concerning temporary employment in Canada, or temporary entry for business activities.

Please help me, I'm out of status..

Postby vkid on Tue Oct 26, 2010 5:40 pm

I'm an Australian citizen who had an open work permit for 2 years. It expired October 9th 2010. I did apply for an extension in July but it was refused because I did not provide an LMO or any proof of employment (I know, I'm kicking myself for it now) I was on implied status for about a week until I recieved the refusal letter a few days ago so now I am no longer in status. I am desperate to stay but am not sure what I should do next, and I know I can no longer work. But I am still in the 90 day window of possibly restoring my status. I am trying to get my employer to obtain an LMO but I know these take quite a long time and are not always guaranteed to be positive as I am only working in the low skilled food service industry. I am so confused and stressed out, please help clear things up for me:

-Should I send in an application to restore my status and extend as just a visitor and just wait for an LMO and then apply for the new work permit?

-Is it true I can't just apply to restore my status, I need to apply as either a visitor or worker?

-If I do get an LMO, can I just apply for the new work permit at the US border? Would that be faster?

-What are the chances of being restored as a visitor, do I need proof of financial support? Bank statements etc?

Please help, I am so worried and confused!!
vkid
 
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Re: Please help me, I'm out of status..

Postby David on Wed Oct 27, 2010 10:32 am

Topics like this are well outside of the scope of this forum, and this is a bit of a grey area

From CIC:

"In keeping with a strict interpretation of the Regulations, the operational procedures have tended to restrict the client to being restored to the original status of the class in which they came to Canada, if they still meet the requirements associated with that class."

CIC has allowed this to include scenarios in which the "class in which they came to Canada" permits for inland applications for other types of status. Although it is not theoretically possible to restore your prior status as a worker, you were previously eligible to seek extension of temporary resident status on its own, and a restoration application as a visitor may therefore be viable (though certainly not guaranteed).

Otherwise, if you do get a LMO approval, you are eligible to seek a new work permit at a port of entry. The official would have to be satisfied that you meet all requirements for eligibility for the work permit and for admissibility as a visitor.
David
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