WP extension denied - asked to leave Canada

[JessG]

Dire straits....urgent help requested please.

My WP just expired on 3rd May, but I had put in an application to extend my permit (only to mid-June) the week prior, and was continuing to work/stay under Implied Status until this was processed.

Due to an oversight/misunderstanding of mine, the extension application has come back today as refused.

I've told my boss I have to stop working immediately (today). But how long until I have to leave Canada? Letter says "required to leave Canada immediately", but I already have fights booked for mid-June, as this was my intended (extended) departure date.

Is it too late to switch to visitor visa? Flagpole? Another work permit?? Anything to legally stay in Canada just for another 40 days until my flight???

Would appreciate any guidance at all please. I'm desperate here....

The exact wording (extracts) from the letter is:

Based on ... I am not satisfied ….. Your application as requested is therefore refused.
...

We also wish to advise you that your temporary resident status expires on May 06, 2019.

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.
….
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.

 

[k.h.p.]

You omitted the reasons why your application was refused. If you can address the reason why the officer was not satisfied that "...." you may be able to apply for restoration.

 

[JessG]

You omitted the reasons why your application was refused. If you can address the reason why the officer was not satisfied that "...." you may be able to apply for restoration.

No chance of addressing the reasons at all unfortunately. I mistakenly believed I could extend the IEC Working Holiday visa for a short period. (And boss wouldn't do LMIA.)

Lengthy wording was:
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.
After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.
The maximum allowable employment under the New Zealand International Experience Canada Program is 23 months for the category you are currently participating in. Since you have exhausted this period you are no longer eligible for a work permit extension under this program category from within Canada.
After considering all the circumstances of your case, your application for a work permit cannot be approved as requested as per section R203 of the Immigration and Refugee Protection Regulations. You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. Your prospective employer is responsible for obtaining this confirmation.

 

[k.h.p.]

Hmm. I guess the question is now whether or not you could restore status as a visitor. That, I'm not sure.

 

[scylla]

Dire straits....urgent help requested please.

My WP just expired on 3rd May, but I had put in an application to extend my permit (only to mid-June) the week prior, and was continuing to work/stay under Implied Status until this was processed.

Due to an oversight/misunderstanding of mine, the extension application has come back today as refused.

I've told my boss I have to stop working immediately (today). But how long until I have to leave Canada? Letter says "required to leave Canada immediately", but I already have fights booked for mid-June, as this was my intended (extended) departure date.

Is it too late to switch to visitor visa? Flagpole? Another work permit?? Anything to legally stay in Canada just for another 40 days until my flight???

Would appreciate any guidance at all please. I'm desperate here....

The exact wording (extracts) from the letter is:

Based on ... I am not satisfied ….. Your application as requested is therefore refused.
...

We also wish to advise you that your temporary resident status expires on May 06, 2019.

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.
….
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.

You shoud apply to restore your status to visitor if you want to remain in Canada. I would not recommend going to the border to fix your status - they tend to be far less forgiving when people haven't followed the rules. There were no grounds to extend your IEC and what you did is generally regarded as an abuse of the work permit privilege.

If your flight was in less than a month, then I would say forget about restoration. However since you still have more than a month in Canada, I would recommend applying for resotration to make sure you have no issues with future trips to Canada. That's the best way to proceed if you want to play it safe. Or alternative, change your flight and leave within 30 days of today.

 

[JessG]

You shoud apply to restore your status to visitor if you want to remain in Canada. I would not recommend going to the border to fix your status - they tend to be far less forgiving when people haven't followed the rules. There were no grounds to extend your IEC and what you did is generally regarded as an abuse of the work permit privilege.

If your flight was in less than a month, then I would say forget about restoration. However since you still have more than a month in Canada, I would recommend applying for resotration to make sure you have no issues with future trips to Canada. That's the best way to proceed if you want to play it safe. Or alternative, change your flight and leave within 30 days of today.

Thankyou so much! I will see if I can change my flight to be within 30 days of today instead.
Just to clarify "no issues with future trips to Canada"...if I leave within the 30 days, would I later have to declare an overstay on the tourist entry forms / ESTA applications? Or don't have to, since left within the 30 days?

 

[scylla]

Thankyou so much! I will see if I can change my flight to be within 30 days of today instead.
Just to clarify "no issues with future trips to Canada"...if I leave within the 30 days, would I later have to declare an overstay on the tourist entry forms / ESTA applications? Or don't have to, since left within the 30 days?

You're still overstaying if you leave within 30 days. Anything after May 6th is an overstay since you're in Canada now without status. So I would answer "yes" to any overstay questions since you are remaining in Canada past the validity of your visa.

 

[Copingwithlife]

The o/p was advised of no extension of the IEC last year, not to sure why they went this particular route
https://www.canadavisa.com/canada-immigration-discussion-board/threads/options-to-stay-post-iec.591511/

 

[JessG]

Just for anyone in the same boat as me, official IRCC information (via phone) for my current situation was:
- Immediately means immediately. There is no grace period, nor estimate of reasonable timeframe to exit. Overstays are referred to CBSA for warrants etc
- Confirmed can apply for restoration of status as visitor ($200), though takes about 48days and NOT back-dated status. Visitor status will apply from the date of processing complete/accepted, not submitted. In the meantime, CBSA/IRCC "tolerate" the overstay.
- As such, either options above will still mean YES to future overstay questions