In the case of LMIA, throughout the first half of the year, the government's actions have been consistent with regulations and hard-line measures. To make matters worse, the government announced the new regulations on June 20 and unannounced measures to reject numerous applications that had already been received and awaiting review.
As a result, even employers and related workers, who had been preparing LMIA applications in advance with sufficient time, experienced great confusion and inconvenience. The most serious thing is that it has become difficult to extend or maintain your current work visa status in time.
Meanwhile, the screening period for immigration to Alberta has also increased significantly, bringing about the same ripple effect. At this time last year, the AINP screening period was about three months at the longest. Applicants were able to extend their current visa without LMIA with a federal permanent residency application file number, which they would receive eight weeks after receiving a nomination letter, and prepare for a work visa extension while predictable.
However, the AINP screening period, which has been gradually increasing since the beginning of this year, has recently increased from 8 to 12 months, forcing many to drastically revise their work visa extension plans than originally thought. It is fortunate that it is possible to modify it, and it is often inevitable to stop the current expenses themselves.
How can I deal with an unexpected visa expiration situation? Let's take a look at some of the alternatives that can be restored or saved.
This is the most effective way to legally extend your current visa while waiting for a new one. I think I can translate it into "implicit status" in Korean, which means that the current visa is considered extended even though it has expired.
The Canadian Immigration Act stipulates that if you apply for an extension before the expiration of your current visit, study, or work visa, your current status will be extended until you get the results of the application.
Under these regulations, work visa holders, for example, are allowed to continue working during the implemented status period, and employers can issue legal wages (payroll). This regulation applies regardless of the type of current work visa, such as Work Permit based on LMIA, Spouse Open Work Permit, Post-Grad Work Permit, etc.
Due to certain circumstances, the visa extension application cannot be applied on time, and while waiting for a new visa to be issued, even for a short period of time, the immigration law has a legal remedy.
In practice, the most common case is that LMIA cannot be secured before the current visa expiration period even though preparations have been made to extend the current working visa for a sufficient period due to the delay or primary rejection of LMIA issuance.
In this case, first of all, it is necessary to apply for a work visa by citing the LMIA file number waiting for review. You can submit an LMIA issued later as an additional document to the Ministry of Immigration to complete the work visa examination, and until the work visa examination is completed, the applicant is considered to be in the applied status and is recognized as a legal stay.
I can translate it into '(identity) recovery' in Korean. In other words, it means restoring the disconnected status, and the current immigration law stipulates that the previous visa status can be restored within 90 days of the current visa expiration.
It is important to note that Restoration is not a given right, it is only a benefit. Therefore, it is worth recalling that it is illegal to stay in Canada beyond the visa expiration period without grounds and reasons. Many people think of Restoration as a right automatically granted for 90 days in addition to the visa expiration period, which is a misunderstanding.
Another thing that needs to be noted is that existing rights such as studies and employment should be suspended for now until they are restored during the period of application for restoration. Of course, it is natural that if you get a visa at any branch within 90 days and your existing status is restored, your status will resume from then on.
Restoration applies at the same time as the visa extension by marking it in the corresponding column of this application, such as study and work visa. It is natural that the requirements for visa application must be met, and apart from this application, the documents attached must be attached to clarify the inevitable reasons for staying beyond the existing visa expiration period.
Restoration cannot be granted through POE such as airports or land borde