Work permit rejected, what to do next?

[Jaja1596]

Hi guys,
I just got a refusal for a work permit today and probably have to stop working. I have a couple of questions:

1. i am 1.5 weeks away from 1 year canadian experience point, will CEC count it, if i attach a letter of explanation? I feel its quite unfair if i do not count it.

2. I got a message my temporary status expired, i can apply to restore? Or another method is to enter Canada as visitor, I have TRV, do i need to leave Canada and reenter?

3. Is there any way to obtain a work permit without LMIA?

4. Can i just reenter as visitor through buffalo, NY?

Thanks a lot guys.

 

[Naturgrl]

Hi guys,
I just got a refusal for a work permit today and probably have to stop working. I have a couple of questions:

1. i am 1.5 weeks away from 1 year canadian experience point, will CEC count it, if i attach a letter of explanation? I feel its quite unfair if i do not count it.

2. I got a message my temporary status expired, i can apply to restore? Or another method is to enter Canada as visitor, I have TRV, do i need to leave Canada and reenter?

3. Is there any way to obtain a work permit without LMIA?

4. Can i just reenter as visitor through buffalo, NY?

Thanks a lot guys.

1. No. You don’t have a year. What do you mean probably have to stop? Your permit was refused…so you stop as of date of refusal. Why was your WP refused? Did you try for PGWP extension? If so you don’t count any work experience from the time your PGWP expired to WP ext refusal.
2. You are without status in Canada so need to restore (if you can) or plan to leave Canada.
3. What is your citizenship?
4. CBSA will want to know why you are entering if you cannot work anymore in Canada. You can be denied entry so if you leave make sure you have packed up all your belongings in case refused.

 

[CanGoldDigger]

Hi guys,
I just got a refusal for a work permit today and probably have to stop working. I have a couple of questions:

1. i am 1.5 weeks away from 1 year canadian experience point, will CEC count it, if i attach a letter of explanation? I feel its quite unfair if i do not count it.

2. I got a message my temporary status expired, i can apply to restore? Or another method is to enter Canada as visitor, I have TRV, do i need to leave Canada and reenter?

3. Is there any way to obtain a work permit without LMIA?

4. Can i just reenter as visitor through buffalo, NY?

Thanks a lot guys.

1. Yes, it could be and most probably will be. There's some discretion.
2. You can try to restore your status as visitor.
3. It depends on your profile and country of origin.
4. Option 2 is better and safer.

 

[Jaja1596]

1. Yes, it could be and most probably will be. There's some discretion.
2. You can try to restore your status as visitor.
3. It depends on your profile and country of origin.
4. Option 2 is better and safer.

thanks for the reply. If I receive an ITA in the next 90 days, so while in the 90 days period, can i still apply for ITA as the out of status within this period? Or do i need to restore as visitor first then apply?

 

[Naturgrl]

thanks for the reply. If I receive an ITA in the next 90 days, so while in the 90 days period, can i still apply for ITA as the out of status within this period? Or do i need to restore as visitor first then apply?

What is your CRS score? Why was WP refused? Does letter say you can restore status?

 

[CanGoldDigger]

thanks for the reply. If I receive an ITA in the next 90 days, so while in the 90 days period, can i still apply for ITA as the out of status within this period? Or do i need to restore as visitor first then apply?

Yes, you can apply within 90 days and you need to try to restore.

But if you fail to restore your status then you cannot apply from within Canada being out if status, it's a non compliance issue.

 

[Jaja1596]

1. No. You don’t have a year. What do you mean probably have to stop? Your permit was refused…so you stop as of date of refusal. Why was your WP refused? Did you try for PGWP extension? If so you don’t count any work experience from the time your PGWP expired to WP ext refusal.
2. You are without status in Canada so need to restore (if you can) or plan to leave Canada.
3. What is your citizenship?
4. CBSA will want to know why you are entering if you cannot work anymore in Canada. You can be denied entry so if you leave make sure you have packed up all your belongings in case refused.

1. Not much explananation, but likely due to not having LMIA.
3. Indonesia
4. I do have a brother in Canada, maybe visiting family is a good enough reason, i assume?

 

[Jaja1596]

What is your CRS score? Why was WP refused? Does letter say you can restore status?

It does say restoration of status is allowed. So im gonna apply to restore and stay as visitor, waiting for ITA

 

[canuck78]

1. Not much explananation, but likely due to not having LMIA.
3. Indonesia
4. I do have a brother in Canada, maybe visiting family is a good enough reason, i assume?

Visiting a brother in Canada will likely not be a good reason to visit Canada given your situation. It is risky to leave and try to reenter. In general there is no benefit to remaining in Canada in your situation while you wait to see if you get selected by a draw. Depending on your score and potential reforms like removal of LMIA points it could take a very long time and there is no benefit to remaining in Canada and you may not be able to extend your visitor status.