Cancel application!! Help please

[Ferasab24]

I am on visitor status. My husband used to be on wp, he tried to extend his wp but refused because of lmia.
I applied for student visa for myself and restoration of status for my husband from inside Canada on march 10. We never received any answer, my husband is not allowed to work anymore and we have 8 months old baby, we even can’t go back to my country because we will lose the restoration of status… it been almost 6 weeks and its not really nice to stay home doing nothing and have no income especially when ur nent is 1800$!. I uploaded a web form since student visa should be 3 weeks according to their website (became 2 weeks after I applied), and i never received any answer or update.
is there anyway i can cancel my application and leave Canada ? Unfortunately!.
i don’t wanna leave and have a refusal visa on my history, and i also don’t want to lose the application fees.

 

[Naturgrl]

I am on visitor status. My husband used to be on wp, he tried to extend his wp but refused because of lmia.
I applied for student visa for myself and restoration of status for my husband from inside Canada on march 10. We never received any answer, my husband is not allowed to work anymore and we have 8 months old baby, we even can’t go back to my country because we will lose the restoration of status… it been almost 6 weeks and its not really nice to stay home doing nothing and have no income especially when ur nent is 1800$!. I uploaded a web form since student visa should be 3 weeks according to their website (became 2 weeks after I applied), and i never received any answer or update.
is there anyway i can cancel my application and leave Canada ? Unfortunately!.
i don’t wanna leave and have a refusal visa on my history, and i also don’t want to lose the application fees.

How are you eligible to apply inland (2 week processing) if your husband doesn’t have valid status. Your husband needs to have a valid work permit for you to apply inland. You are being processed as outland so it will be up to 9-10 weeks. Also husband may not be eligible for open work permit since he came to Canada on a closed work permit.

 

[Ferasab24]

How are you eligible to apply inland (2 week processing) if your husband doesn’t have valid status. Your husband needs to have a valid work permit for you to apply inland. You are being processed as outland so it will be up to 9-10 weeks.

it says clearly in their website that you can apply from inside Canada if your spouse has received removal order!!

 

[Naturgrl]

it says clearly in their website that you can apply from inside Canada if your spouse has received removal order!!

He has a removal order. You didn’t mention that. When did he receive that. Having a work permit extension declined is not a removal order. When was asked to leave Canada by?

 

[Ferasab24]

He has a removal order. You didn’t mention that. When did he receive that. Having a work permit extension declined is not a removal order. When was asked to leave Canada by?

He was asked to leave canada with in 90 days beginning on Feb 10th .

 

[Ferasab24]

Thats what he received,


This letter refers to your application for a Work Permit.
Application: $$$$$$$
*$$$$$$$*
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.
We also wish to advise you that your temporary resident status expired on February 10, 2023. You may apply for restoration if, within 90 days from the expiry of your temporary resident
status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should be made online at www.cic.gc.ca. When you are finished, you must print the receipt of payment and include it with your application.
 all required documents in support of your application.
Please consult the section “Restoration of status” in the application guide: “Applying to change conditions or extend your stay in Canada”. Restoration applies to each member who has lost his or her status. Please note that there is no guarantee your application will be accepted.
Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status and as such will be required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
Page 1 of 2
Case Processing Centre Edmonton
Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3 Website: www.cic.gc.ca
Centre de Traitement des Demandes Edmonton Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3 Site web : www.cic.gc.ca

 

[Naturgrl]

T

Thats what he received,


This letter refers to your application for a Work Permit.
Application: $$$$$$$
*$$$$$$$*
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.
We also wish to advise you that your temporary resident status expired on February 10, 2023. You may apply for restoration if, within 90 days from the expiry of your temporary resident
status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should be made online at www.cic.gc.ca. When you are finished, you must print the receipt of payment and include it with your application.
 all required documents in support of your application.
Please consult the section “Restoration of status” in the application guide: “Applying to change conditions or extend your stay in Canada”. Restoration applies to each member who has lost his or her status. Please note that there is no guarantee your application will be accepted.
Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status and as such will be required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
Page 1 of 2
Case Processing Centre Edmonton
Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3 Website: www.cic.gc.ca
Centre de Traitement des Demandes Edmonton Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3 Site web : www.cic.gc.ca

That is not a removal order as he was being asked to extend his status. He could have just restored his status to visitor which he chose not to do.

 

[Ferasab24]

Can you please tell me what unenforceable removal order is?

 

[Ferasab24]

Btw, in their website, it says that you can not apply for restoration of status to a status other than the one you held before. So if you got refused, and you had to leave Canada within 90 days ( which I thought is unenforceable removal order ) you cannot restore to visitor if you were denied as work permit!!

 

[Naturgrl]

Btw, in their website, it says that you can not apply for restoration of status to a status other than the one you held before. So if you got refused, and you had to leave Canada within 90 days ( which I thought is unenforceable removal order ) you cannot restore to visitor if you were denied as work permit!!

Did he follow the instructions when he got the refusal and changed his status to visitor. He couldn’t restore his status to worker but he could have changed his status to visitor.

Use this guide if you are a temporary resident who is already in Canada and you want to:

• extend your stay (get a visitor record),
• change the conditions of your stay, or
• correct problems with your status.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5551-applying-change-conditions-extend-your-stay-canada.html#5551E2

A removal order is a document telling you to show up at the airport by a certain date. There are 3 types and link explains the types. You are given a number to call to tell CBSA that you are leaving the country. Certain removal orders are unenforceable: judicial review underway, pre-removal risk assessment underway or a H&C application

Your spouse just received a letter that work permit was refused and to change status to remain legal in Canada.

https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html

 

[Ferasab24]

Nope,
We actually thought that this is an unenforceable removal order. And we applied for a study visa for myself and restoration of status for him after one month of receiving this refusal letter

 

[Naturgrl]

Nope,
We actually thought that this is an unenforceable removal order. And we applied for a study visa for myself and restoration of status for him after one month of receiving this refusal letter

Your spouse just received a letter that work permit was refused and to change status to remain legal in Canada. A removal order is an order deporting you from the country. He had 90 days to change his status to visitor when he got that letter. If he didn’t do it, he has no status. He could not restore his status to worker as he had no job with LMIA.

Your study permit is being processed outland, as you applied when his work visa was no longer valid. Bit confused about your timelines. Your spouse may not be eligible for an open work permit. IRCC changed rules. Your husband is the principal foreign applicant as he was the one who first got the closed work permit.

The principal foreign national is the first foreign national of the couple who obtained a study or work permit or was deemed authorized to work under the provisions of section R186 other than under paragraphs R186(v or w).

In assessing eligibility for a spousal open work permit, the principal foreign national continues to remain the principal in the couple.

The principal foreign national cannot obtain a spousal open work permit under the C41, C42, C47 or C49 administrative codes based on the dependent spouse’s spousal open work permit and TEER category.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c42.html

 

[Ferasab24]

I was the first one to obtain study permit, amd i left canada after i done studying, and came back as a visitor.
btw, lawyer is saying that this letter considered as an unenforceable removal order. He is saying that he is required to either leave the country or apply for restoration of status.

 

[Kaibigan]

I was the first one to obtain study permit, amd i left canada after i done studying, and came back as a visitor.
btw, lawyer is saying that this letter considered as an unenforceable removal order. He is saying that he is required to either leave the country or apply for restoration of status.

You are a bit late mentioning that you have a lawyer (apparently an immigration lawyer) working for you. Did you ask your lawyer your question about cancelling your application? What did the lawyer say? Are you just shopping for a second opinion? I would expect a qualified immigration lawyer to the best equipped to speak to the matter.

 

[Ferasab24]

You are a bit late mentioning that you have a lawyer (apparently an immigration lawyer) working for you. Did you ask your lawyer your question about cancelling your application? What did the lawyer say? Are you just shopping for a second opinion? I would expect a qualified immigration lawyer to the best equipped to speak to the matter.

I don’t have and i will never hire a lawyer, i just asked him if the refusal letter is unenforceable removal letter and he said yes.
btw, if my husband wasn’t on removal order I shouldn’t be applying from inside canada.