Your gateway to Canada

WORK IS NOT PERMITTED DURING RESTORATION PERIOD

By Atty. Henry Moyal

1. I arrived from the Philippines last year on a work permit. It was expiring a few months ago so I applied for an extension of status even though the LMIA was not granted yet.

I did not receive the work extension nor a refusal. Do I have implied status? Secondly, the LMIA was issued a few days ago and I do not know what to do. How can I send it to IRCC? I sent IRCC a webform but no reply has been given.

A.Your scenario is exactly the problem with the delays in sending information via webform. While IRCC constantly advises that updated information should be sent via webform, in reality, thousands upon thousands of webforms are sent each day and it is taking about 6 weeks for anyone to look at it. For you, that could mean that your work permit extension application may get refused as you did not provide an LMIA. While you do have implied status now, that status will be gone once refused. If that happens you be required to send a new application called a restoration application. The problem is that you are not permitted to work during the restoration processing.

Further, under the regulations non visa-exempt applicants cannot apply for their work permit extensions at the border – which means that you cannot flagpole.

1. I entered Canada as a visitor last year. I came to Canada with my mother ( who is Canadian) as I needed to accompany her back due to illness. I wanted to stay in Canada and unfortunately I met a consultant who convinced me to file a refugee claim fearing persecution from the Philippines. I have not had my hearing yet but upon doing more research I have realized that the Philippines is not a refugee producing country and my chances are almost impossible to win. In the meantime, I met a Canadian woman and we married recently. She wants to sponsor me. Do I file the sponsorship now? or wait after my refugee hearing ? or cancel my refugee claim?

1. You are correct that the Philippines is not a refugee producing country. I do not know the basis of your claim but if it is not genuine then you are likely to be denied. Withdrawing the claim is also as dangerous as it will trigger removal proceedings which may or may not survive the sponsorship processing. You have not mentioned if the sponsorship documentation is ready as timing is not on your side. This is delicate matter and you should consult an experienced immigration lawyer to strategize accordingly.

1. I came to Canada as a student and obtained my bachelor degree. I already completed one year of work in Canada and I am about to apply under the Canadian Experience Class via Express Entry. My question is regarding my one year of work I did in the Philippine before coming to Canada. I am not sure I can get any proof of it. Do I have to include my foreign work experience? Does it really matter if I am going to only rely on my Canadian work experience?
2. If you do not want the extra points which are likely to be given for the foreign work then you do not need to mention it in your profile. As such, you will not get points for that and you will not meet the FSW criteria ( only CEC). However, you must declare all work experience at the ITA stage , even if you are not getting points. That being said, you will lose about 38 points if you omit the foreign work experience assuming your age is low and English is high. On the other hand, if you cannot prove the work you will no doubt case a problem if you are counting the points but cannot furnish proof later at ITA.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193