Dear Miss Powell,
I am a Jamaican living in Canada. My work permit expired last week and I didn't realise before now. What should I do at this point? Your urgent response would be appreciated.
- BB
Dear BB,
You must stop working and immediately apply to Citizenship and Immigration Canada (CIC) to have your work permit restored or extended. You have 90 days from the date of expiry in which to make this application in order to not risk deportation and further penalty.
You should send an application to change conditions or extend your stay in Canada as a worker. You may submit your application electronically or via mail to the case-processing centre in Alberta.
You will need to submit the following documents:
1. Completed form IMM5710 - 'Application to Change Conditions, Extend My Stay or Remain in Canada'
2. Photocopy of photo page of passport
3. Photocopy of expired work permit
4. Photocopy of pages in passport to show date of entry into Canada and all other marked pages
5. Letter from your current employer detailing job title, wages, file number from HRSDC and employment contract (if applicable)
6. Photocopy of your HRSDC confirmation ( if applicable)
7. Photocopy of your valid return ticket
8. Photocopy of marriage certificate or declaration of common law union (if applicable)
9. Checklist
The fee for processing the application is currently C$200 to restore your status and C$150 for the actual work permit. So you are looking at a total of C$350.
Do not send original documents and keep a photocopy of your application for your future reference.
If you submit your application within the 90 days, you can stay in Canada until you get further instructions from CIC. Hopefully, your application will be successful.
Ensure that you follow the instructions received. If your application is denied, you must return home to Jamaica right away and not risk deportation; you may become the subject of an admissibility hearing and this may prevent you from making further applications to return to Canada.
If you are successful, ensure that you keep a reminder of the date of the expiry of your permit. You should submit an application for extension at least 30 days before the expiry date. You do not want to be caught in this situation again as you could be penalised.
If you have additional questions or concerns about your application, consult with an immigration lawyer to provide you with personal assistance with your case.
Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada, bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to info@deidrepowell.com. Subject line: Immigration
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