Work permit refused more than 90 days

[surjeet]

Got PG work permit refused due to 93 days over issuance of notification of program requirements completion.I want to apply for restoration of work permit now. I know I have to apply for study, pgwp and restoration fees.
My question can i apply for restoration as visitor as well just in case my pgwp restoration gets refused? Thank you in advance

 

[Wonderland_1010]

Got PG work permit refused due to 93 days over issuance of notification of program requirements completion.I want to apply for restoration of work permit now. I know I have to apply for study, pgwp and restoration fees.
My question can i apply for restoration as visitor as well just in case my pgwp restoration gets refused? Thank you in advance

CIC has a hard rule about applying for PGWP within 90 days. If you didn't apply in time, PGWP is no longer eligible to you.

 

[surjeet]

What is the use of restoration then? Is my whole life destroyed because of those 3 days? One of my friend got his pgwp after applying 100 days over notification. I just wanted to hear from some other experiences. i would like someone else's opinion on this who has actually gone through this.

 

[russ6970]

You are out of status now and the rule for restoration is 90 days as well. Although it looks like there may be a loophole if you were on implied status.

Requirement details
90 days

• Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
• Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, receive a notice from the Case Processing Centre in Vegreville (CPC-V) warning them to apply for restoration. Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee

I don't think you can apply for another PGWP though, just another study permit

 

[surjeet]

You are out of status now and the rule for restoration is 90 days as well. Although it looks like there may be a loophole if you were on implied status.

Requirement details
90 days

• Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
• Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, receive a notice from the Case Processing Centre in Vegreville (CPC-V) warning them to apply for restoration. Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee

I don't think you can apply for another PGWP though, just another study permit

Thank you for the reply. In my refusal letter it says you have 90 days for restoration of status and I was in implied status till then.I have read other threads and people have asked to apply for study and work permit together along with restoration fees.

 

[russ6970]

You can certainly try, but I would think if you were to get any restoration, it would be for the study permit. You didn't actually have a work permit to restore (or did you?). I'm not talking about the PGWP.

 

[surjeet]

You can certainly try, but I would think if you were to get any restoration, it would be for the study permit. You didn't actually have a work permit to restore (or did you?). I'm not talking about the PGWP.

Thanks. I will apply for both. I talked to a lawyer and he said that first they will restore my study permit and then grant me pgwp. I will try that.
Another question I have is, Can I apply for restoration as visitor as well? Just in case my pgwp gets refused again, at least i get to stay as a visitor and can figure out something

 

[russ6970]

It will be interesting to see if you do get the PGWP after restoring your study permit, for other people on the forum, as you have went over the allotted time to apply the first time. Keep us up to date. I'm sorry I don't know anything about Visitor Visa's as I am from the UK and wouldn't need one.

 

[surjeet]

It will be interesting to see if you do get the PGWP after restoring your study permit, for other people on the forum, as you have went over the allotted time to apply the first time. Keep us up to date. I'm sorry I don't know anything about Visitor Visa's as I am from the UK and wouldn't need one.

Cool. I guess i will apply for study and worker first and then if i don't hear back for like 60-70 days, I will send another request for visitor visa as well. Or do you think I should just send it alongside? what are your thoughts? I dont want to get refusal for restoration with the letter stating me to leave the country. Also, what about LMIA? is that even an option for me?

 

[russ6970]

As I said, I really don't know anything about visitor visa's as I didn't need one. Maybe someone else could answer that? You would have to find an employer willing to apply for an LMIA and that is quite difficult as they have to pay 1k, advertise to make sure not Canadian can do the job. That could take up to 6 months. Just remember you are now out of status completely, so I would get your restoration application in straight away.

 

[surjeet]

As I said, I really don't know anything about visitor visa's as I didn't need one. Maybe someone else could answer that? You would have to find an employer willing to apply for an LMIA and that is quite difficult as they have to pay 1k, advertise to make sure not Canadian can do the job. That could take up to 6 months. Just remember you are now out of status completely, so I would get your restoration application in straight away.

Ok I will apply visitor visa anyways and attach a loe with that as well. Out of context question , not sure if you know, do I have to have express entry profile before I can apply for lmia? because i wont be eligible for express entry, I dont think i can have a profile?

 

[russ6970]

If you get a PGWP, you don't need an LMIA for that. Express entry is for Permanent residents, not temporary work visas. you have to apply for a job then the employers applies for LMIA. Only then, you can apply for work visa.

 

[surjeet]

If you get a PGWP, you don't need an LMIA for that. Express entry is for Permanent residents, not temporary work visas. you have to apply for a job then the employers applies for LMIA. Only then, you can apply for work visa.

i do know that i dont need lmia for pgwp. It was more about an option otherwise if in case i need it.Thanks for your help though!

 

[surjeet]

You are out of status now and the rule for restoration is 90 days as well. Although it looks like there may be a loophole if you were on implied status.

Requirement details
90 days

• Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
• Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, receive a notice from the Case Processing Centre in Vegreville (CPC-V) warning them to apply for restoration. Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee

I don't think you can apply for another PGWP though, just another study permit

Hey Russ,
Another question, In case i go for studying again, does the course has to be matching my existing course or it can be any course?

 

[russ6970]

I would say it would have to match your education you have right now. If apply for the same course after completing most of it you will probably be rejected