HELP OPEN WORK VISA REFUSED!!

[marysmith]

can anyone help
i applied for restoration of visitor visa on grounds of change of conditions (open work visa)
im already in canada with my husband and child
i was refused on grounds of::You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. which i do not need for open work permit as its not employer specific
at end of refusal email it states i'm now out of status must leave Canada immediately...
has there been a mistake on refusal and is there anything i can do to not have to leave canada??

 

[scylla]

can anyone help
i applied for restoration of visitor visa on grounds of change of conditions (open work visa)
im already in canada with my husband and child
i was refused on grounds of::You do not possess a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada. which i do not need for open work permit as its not employer specific
at end of refusal email it states i'm now out of status must leave Canada immediately...
has there been a mistake on refusal and is there anything i can do to not have to leave canada??

You haven't provided enough information for any of us to be able to help.

On what grounds do you qualify for an open work permit?

When did you last hold a valid visa? When was restoration refused?

 

[marysmith]

my husband is Canadian and my son we have been in Canada for 2 years now. My husbands works full time job supporting us and my son is in full time education and has a part time job also
my status ran out on 2 may 2019 so put in for restoration of visa with change of conditions to stay ( work visa )
my husband is unable to sponsor me due to having a criminal past
my work visa was refused on 23 august 2019 but didnt even mention my restoration in email so dose that mean that was also refused? thanks

 

[scylla]

my husband is Canadian and my son we have been in Canada for 2 years now. My husbands works full time job supporting us and my son is in full time education and has a part time job also
my status ran out on 2 may 2019 so put in for restoration of visa with change of conditions to stay ( work visa )
my husband is unable to sponsor me due to having a criminal past
my work visa was refused on 23 august 2019 but didnt even mention my restoration in email so dose that mean that was also refused? thanks

Has your husband sponsored you for PR using the inland spousal sponsorship process? You don't qualify for an open work permit unless he has submitted an inland application to sponsor you.

If your status ran out May 2nd, then you are beyond the 90 day window and it's too late to restore your status. He can still sponsor you for PR inland and you can remain in Canada - and he should include an open work permit with that application. However because you are out of status, it's going to be quite some time before the work permit is going to be approved and you'll be able to work.

 

[marysmith]

my husband is Canadian and my son we have been in Canada for 2 years now. My husbands works full time job supporting us and my son is in full time education and has a part time job also
my status ran out on 2 may 2019 so put in for restoration of visa with change of conditions to stay ( work visa )
my husband is unable to sponsor me due to having a criminal past

You haven't provided enough information for any of us to be able to help.

On what grounds do you qualify for an open work permit?

When did you last hold a valid visa? When was restoration refused?

Has your husband sponsored you for PR using the inland spousal sponsorship process? You don't qualify for an open work permit unless he has submitted an inland application to sponsor you.

If your status ran out May 2nd, then you are beyond the 90 day window and it's too late to restore your status. He can still sponsor you for PR inland and you can remain in Canada - and he should include an open work permit with that application. However because you are out of status, it's going to be quite some time before the work permit is going to be approved and you'll be able to work.

with him having a criminal history he in unable to sponsor me
i put in for restoration on 12 may as my status ran out on 2 may and only got a reply on the 23rd august saying work visa was refused again nothing about restoration, it took a long time to process

 

[Copingwithlife]

my husband is Canadian and my son we have been in Canada for 2 years now. My husbands works full time job supporting us and my son is in full time education and has a part time job also
my status ran out on 2 may 2019 so put in for restoration of visa with change of conditions to stay ( work visa )
my husband is unable to sponsor me due to having a criminal past
my work visa was refused on 23 august 2019 but didnt even mention my restoration in email so dose that mean that was also refused? thanks

Did the IRCC advise your spouse specifically, according to his specific situation, that he was not able to sponsor you due to his criminal past ?
In other words he attempted to sponsor you, but it was rejected because of his past

 

[marysmith]

i cant leave Canada i have nothing in england to return to no family,no home,no job,no friends,no income
my child and husband is all i know and have we both have no family we speak too we been together 17 years i cant lose my only family i have im scared...

 

[marysmith]

No he did not we know he cant sponsor me
he has a criminal record for violence towards me many years ago stupid argument which escalated in me calling police and him been charged for slapping me, which i forgive him for it was 11 years ago and we moved on and our stronger then ever

 

[scylla]

with him having a criminal history he in unable to sponsor me
i put in for restoration on 12 may as my status ran out on 2 may and only got a reply on the 23rd august saying work visa was refused again nothing about restoration, it took a long time to process

If he can't sponsor you then you do not qualify for an open work permit.

You'll have to hope the restoration application is approved. If it isn't, you really won't have any way of getting legal status in Canada without having to leave.

Note that if you end up out of status in Canada - there will also be no way for you to apply for immigration through any of the economic immigration programs like Express Entry and the Provincial progams. You have to have valid status in Canada to apply through these.

 

[marysmith]

is there any way i would not have to leave Canada anything i can do??

If he can't sponsor you then you do not qualify for an open work permit.

You'll have to hope the restoration application is approved. If it isn't, you really won't have any way of getting legal status in Canada without having to leave.

Note that if you end up out of status in Canada - there will also be no way for you to apply for immigration through any of the economic immigration programs like Express Entry and the Provincial progams. You have to have valid status in Canada to apply through these.

so how do i find out about my restoration ?

 

[scylla]

is there any way i would not have to leave Canada anything i can do??

so how do i find out about my restoration ?

You'll have to wait until a decision is made in your restoration application.

 

[marysmith]

You'll have to wait until a decision is made in your restoration application.

would that mean i have implied status until i receive a decision? it dosent mention anything at all about my restoration in email of work visa refusal
just says im now without status and must leave immediately..

 

[scylla]

would that mean i have implied status until i receive a decision? it dosent mention anything at all about my restoration in email of work visa refusal
just says im now without status and must leave immediately..

No - you do not have implied status. You are out of status in Canada. You have applied for restoration because you are out of status and are trying to restore your status in Canada.

Exactly what does the work visa refusal letter say? You should copy & paste the full text here.

 

[marysmith]

This letter refers to your application for a Work permit.
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, 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.
You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

 

[canuck_in_uk]

my husband is Canadian and my son we have been in Canada for 2 years now. My husbands works full time job supporting us and my son is in full time education and has a part time job also
my status ran out on 2 may 2019 so put in for restoration of visa with change of conditions to stay ( work visa )
my husband is unable to sponsor me due to having a criminal past
my work visa was refused on 23 august 2019 but didnt even mention my restoration in email so dose that mean that was also refused? thanks

You state that you applied for restoration after your status expired. You need to clarify: did you apply for the work permit BEFORE your visitor status expired May 2nd or did you apply AFTER expiry?