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Urgent, Work permit denied, ask to leave.

thejkhan

Hero Member
Jun 5, 2016
340
23
Job Offer........
Pre-Assessed..
expressentryqueen said:
Now, in making his second application for extension, because OP is already out of status, he MUST apply for restoration of status simultaneously or his application would be returned as incomplete. Of course, if OP has not yet applied for PR and gotten an AOR, his second application for extension would most likely be denied and this is why many others have opted for a temporary visitor's visa. So they can stay in canada while they await the decision on their PR application. This is up to the OP to decide based on his financial situation.

I make no claim to being an immigration expert. However, i try to offer constructive advice whenever i believe i can make some useful contribution. That should be everybody's aim on this forum.

Good, appreciated.

Correction though - OP can't apply for a second application for extension. Restoration, yes, but a simultaneous application for extension does not help because he no longer meets one of the eligibility requirements (non-expired work permit).
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
expressentryqueen said:
Hmmn, ok! I have read the link you referred to and have taken the liberty of copying and pasting below the section that applies to extensions.

Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.
Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was
approved, then the new status applies.
refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.
refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)
rejected for incompleteness, then the application is returned to the applicant. The application is considered to have never been received, no implied status is granted, and the applicant will be considered in status until the original temporary resident document expires.

So, my understanding of the parts (in bold) and do correct me if i am wrong is that:
1. If the work permit extension application was refused, the original poster has status until the date the decision was made, regardless of whether his temporary permit had expired or not.
2. If his application had been rejected as incomplete (perhaps because he did not meet the requirements for the work permit extension application, then his status in canada is determined by the date his temporary permit expires.

That being said, in this case OP's work permit expired on March 28, decision was made July 7th. His work permit extension application was denied (not rejected as incomplete) so, he has the opportunity to apply for restoration of status and reapply for an extension, 90 days from the date the decision was made.
Now, in making his second application for extension, because OP is already out of status, he MUST apply for restoration of status simultaneously or his application would be returned as incomplete. Of course, if OP has not yet applied for PR and gotten an AOR, his second application for extension would most likely be denied and this is why many others have opted for a temporary visitor's visa. So they can stay in canada while they await the decision on their PR application. This is up to the OP to decide based on his financial situation.

I make no claim to being an immigration expert. However, i try to offer constructive advice whenever i believe i can make some useful contribution. That should be everybody's aim on this forum.
The OP hasn't confirmed if the application was rejected or refused. There's a good chance it was rejected and restoration is no longer possible.
 
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thejkhan

Hero Member
Jun 5, 2016
340
23
Job Offer........
Pre-Assessed..
scylla said:
The OP hasn't confirmed if the application was rejected or refused. There's a good chance it was rejected and restoration is no longer possible.
Yup in that case (rejected) more than 90 days has passed since he/she became 'out of status'.
 

nEVERgiveUP751

Star Member
Jan 2, 2016
123
2
Vancouver
Thanks for the reply.

I am having permanent job, no LMIA. My work permit is expiring in few weeks.
I'm thinking to apply for work permit extension. Need suggestion or guidance
 

Shehanperera

Newbie
Nov 13, 2017
2
0
Hello everyone,

I studied in Canada for about 3 years and I applied and received my postgraduate work permit, However I only received it for about 2 years instead of the usual 3 years because of my passport expiry day. My post graduate work permit expired on July 31, I renewed my passport and reapplied for an extension of my work permit on the july 24 of 2017. However the immigration agency called wwics that I went with didn't do there job properly, instead of paying the $255 for the application fees and open work permit fees. they only asked me to pay 155 for the application fee. because of this my application was rejected. on the letter I received it says that I am no longer eligible for restoration as my 90 restoration period is over. please tell me what am I supposed to do now. do I have to leave the country.
 

DelPiero07

VIP Member
Oct 2, 2016
10,388
2,614
Job Offer........
Pre-Assessed..
Hello everyone,

I studied in Canada for about 3 years and I applied and received my postgraduate work permit, However I only received it for about 2 years instead of the usual 3 years because of my passport expiry day. My post graduate work permit expired on July 31, I renewed my passport and reapplied for an extension of my work permit on the july 24 of 2017. However the immigration agency called wwics that I went with didn't do there job properly, instead of paying the $255 for the application fees and open work permit fees. they only asked me to pay 155 for the application fee. because of this my application was rejected. on the letter I received it says that I am no longer eligible for restoration as my 90 restoration period is over. please tell me what am I supposed to do now. do I have to leave the country.
You are currently out of status, you must leave the country asap.
 

krunal2904

Hero Member
May 9, 2016
722
353
Canada
NOC Code......
2174
Hello everyone,
9
I studied in Canada for about 3 years and I applied and received my postgraduate work permit, However I only received it for about 2 years instead of the usual 3 years because of my passport expiry day. My post graduate work permit expired on July 31, I renewed my passport and reapplied for an extension of my work permit on the july 24 of 2017. However the immigration agency called wwics that I went with didn't do there job properly, instead of paying the $255 for the application fees and open work permit fees. they only asked me to pay 155 for the application fee. because of this my application was rejected. on the letter I received it says that I am no longer eligible for restoration as my 90 restoration period is over. please tell me what am I supposed to do now. do I have to leave the country.

Hello

Sorry to hear about your situation. I believe after WorkPermit expired, you will have 90 days to restore your status but you said it's expired on July 31 2017. I think you already passed that 90 days period to restore your status. At this moment, you don't have any legal status in Canada so you should leave country as soon as possible. Seniors please correct me if I am wrong.

Thanks,
Krunal
 

jasmyne

Newbie
Dec 7, 2017
4
0
Pls help.
I received a letter last january 31, 2018stating that my work permit extension has been refused due to the follwing reason..lacking of LMIA...it was my agency who filed my extension. Ive been asking my agency to give me a copy of the complete documents that was sunmitted to immigration during my renewal but they never send me anything. My work permit was expired August 29, 2017 and they just filed it 4 days before expiration.

Also included in the letter is that I am not eligible for restoration because i have not held temporary resident status for more than 90 days, and must leave canada immediately.

I don't know what to do now to restore my status. It says in the website that i could apply for restoration 90days from the date they made the decision but how come they said i am not eligible?Please help if theres any other options so i could stay in canada while reapplying for new permit. And how immediate is "immediate"? Im willing to go back home but i don't want to receive a removal letter before i do that. I'll be 6 months out-of-status feb28.

I badly need your help
 

Sunny329

Hero Member
Jul 23, 2018
502
66
Pls help.
I received a letter last january 31, 2018stating that my work permit extension has been refused due to the follwing reason..lacking of LMIA...it was my agency who filed my extension. Ive been asking my agency to give me a copy of the complete documents that was sunmitted to immigration during my renewal but they never send me anything. My work permit was expired August 29, 2017 and they just filed it 4 days before expiration.

Also included in the letter is that I am not eligible for restoration because i have not held temporary resident status for more than 90 days, and must leave canada immediately.

I don't know what to do now to restore my status. It says in the website that i could apply for restoration 90days from the date they made the decision but how come they said i am not eligible?Please help if theres any other options so i could stay in canada while reapplying for new permit. And how immediate is "immediate"? Im willing to go back home but i don't want to receive a removal letter before i do that. I'll be 6 months out-of-status feb28.

I badly need your help
Hi what you did ?
Did you left Canada ?
 

Sunny329

Hero Member
Jul 23, 2018
502
66
Pls help.
I received a letter last january 31, 2018stating that my work permit extension has been refused due to the follwing reason..lacking of LMIA...it was my agency who filed my extension. Ive been asking my agency to give me a copy of the complete documents that was sunmitted to immigration during my renewal but they never send me anything. My work permit was expired August 29, 2017 and they just filed it 4 days before expiration.

Also included in the letter is that I am not eligible for restoration because i have not held temporary resident status for more than 90 days, and must leave canada immediately.

I don't know what to do now to restore my status. It says in the website that i could apply for restoration 90days from the date they made the decision but how come they said i am not eligible?Please help if theres any other options so i could stay in canada while reapplying for new permit. And how immediate is "immediate"? Im willing to go back home but i don't want to receive a removal letter before i do that. I'll be 6 months out-of-status feb28.

I badly need your help
Did they mention in your letter that you are not eligible for the restoration???
 

Sunny329

Hero Member
Jul 23, 2018
502
66
Pls help.
I received a letter last january 31, 2018stating that my work permit extension has been refused due to the follwing reason..lacking of LMIA...it was my agency who filed my extension. Ive been asking my agency to give me a copy of the complete documents that was sunmitted to immigration during my renewal but they never send me anything. My work permit was expired August 29, 2017 and they just filed it 4 days before expiration.

Also included in the letter is that I am not eligible for restoration because i have not held temporary resident status for more than 90 days, and must leave canada immediately.

I don't know what to do now to restore my status. It says in the website that i could apply for restoration 90days from the date they made the decision but how come they said i am not eligible?Please help if theres any other options so i could stay in canada while reapplying for new permit. And how immediate is "immediate"? Im willing to go back home but i don't want to receive a removal letter before i do that. I'll be 6 months out-of-status feb28.

I badly need your help
What I know is that your 90 days start from the day of the date of the refusal letter
 

Redrh1no

Member
Mar 6, 2017
16
1
Hi there! My temporary resident status expired on May 15th. I am now evaluation my options, and it seems like the restoration of my status as a worker might be one of the only ones. Based on what I have read here, it seems like there is a chance that I could restore my status and go back to work. I was on a Young Professional visa for 1 year, so I guess my questions are:
Can I apply for a work permit while I apply for the restoration of my status? If so, do I need a new offer of employment from the employer I used to work for?
What are my chances of having my status restored? Is there a better chance that it would get refused?
How long does it take these days for CIC to process a restoration of satus?

Any help would be greatly appreciated!

Thanks!
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi there! My temporary resident status expired on May 15th. I am now evaluation my options, and it seems like the restoration of my status as a worker might be one of the only ones. Based on what I have read here, it seems like there is a chance that I could restore my status and go back to work. I was on a Young Professional visa for 1 year, so I guess my questions are:
Can I apply for a work permit while I apply for the restoration of my status? If so, do I need a new offer of employment from the employer I used to work for?
What are my chances of having my status restored? Is there a better chance that it would get refused?
How long does it take these days for CIC to process a restoration of satus?

Any help would be greatly appreciated!

Thanks!
On what basis would you be applying for a new work permit? Has your employer obtained an approved LMIA? If not, that's the first step. You need a job offer and approved LMIA from your employer in order to apply for a work permit. The LMIA process typically takes 4-6 months to complete.

Restoration can take several months. Suggest you get your application in as soon as you can to restore your status to visitor.

I'm assuming you've stopped working.
 
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