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Caregiver’s work permit expired while waiting for new LMIA

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Dear Consultant,

Please help me as my work permit expired while waiting for the new (Labor Market Impact Assessment) LMIA application of my employer so I can extend my stay as a worker.  What will happen to me? Will I be sent home? I have not been sleeping thinking of my situation and how I will be able to overcome it.

Your advice will be greatly appreciated. 

Many thanks,

Georgia of Toronto

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Dear Georgia,

Hoping that the positive LMIA will be received within 90 days from the day your work permit expired and you lost your status. Make sure that you apply for restoration of your status within 90 days because you can be refused even if you submit a positive LMIA together with your work permit extension application.

Let me take this opportunity to remind all caregivers covered by the new pathway. If your work permit is expiring prior to completing your 24 months, please ask your employers to apply for a new LMIA months prior to the expiry of your work permit. Whether you still work for the same employer or not, a new LMIA is required. Unable to do so will jeopardize your extension for a work permit.  

Check this for more information: Restoration of temporary resident status.

Even if you are already qualified to apply for permanent residence, without a valid work permit/status in Canada your PR application may be refused. You maybe asked to leave Canada and re-apply for work permit with your positive LMIA outside of Canada.

Sincerely,

 

Gerardine Marie Alcalde, RCIC