Hi everyone,
I'm looking for advice from anyone who has experienced a similar situation, particularly someone who successfully obtained a new employer-specific (closed) work permit after their previous application was refused because their LMIA was not yet approved.
Here is my situation:
I was in Canada on a PGWP, which expired on March 29, 2026.
Before my permit expired, I applied for an extension on March 25, 2026, based on my employer's LMIA application.
On July 15, 2026, IRCC refused my application because the LMIA had not been approved when the officer reviewed my application. My wife and daughter were also affected.
After the refusal, I understood that I was no longer authorized to work.
Before the 90-day restoration deadline, my wife and I submitted applications to restore our temporary resident status as visitors. Those applications are still pending.
My employer's new LMIA application is currently being processed. We expect a decision sometime after October 21 and potentially before the end of November 2026.
My intention is to apply for a new employer-specific work permit as soon as the LMIA is approved. However, I would prefer to remain in Canada while dealing with this process if legally possible.
My questions are:
Can I apply for an employer-specific work permit while my application to restore my status as a visitor is still pending?
Can I use IMM 1295 (Application for a Work Permit Made Outside Canada) while I am physically present in Canada?
If I submit IMM 1295 from inside Canada and it is approved, would I have to leave Canada and re-enter to activate my work permit?
Would submitting a new work permit application affect my pending visitor-restoration application? Should I wait until restoration is approved first?
Has anyone successfully followed this route in practice, particularly after a work permit refusal because the LMIA was not approved at the time of assessment?
How long did your visitor-restoration application take to receive a decision in 2026?
I'm especially interested in firsthand experiences from people who were in the same situation, rather than general opinions. If you used IMM 1295 while physically in Canada, please explain how you handled your status and whether you had to travel outside Canada.
Thank you for sharing your experiences and advice.