Apply for restoration from work permit to study permit, got refused, help!

[Angelalala93]

Hi guys,

I am in a very messy situation now and feel anxious. I need your help!

I had a PGWP expired on 07-18-2019, I applied to extend my work permit before expire date and got refused on 11-08-2019. The refusal letter said I could apply to restore my status within 90 days. I got a school offer in the mean time, so after I consulted my consultant, she submitted restore to study permit within 90 days for me. I have paid restoration fee+ study permit fee+ biometric fee. On 05-21-2020, I got a refusal letter from visa officer.

The refusal reason is:

"In your case, you are not eligible to have your temporary resident status restored, because a foreign national can only apply to restore their status and authorization to one they held immediately prior to the need to apply for restoration."

When I applied, there is no such policy on IRCC website, and my consultant very firmly promised me that it is legal to restore my status from work permit to study permit as long as I met 90 days policy and I got a legit school offer.

Also on CIC Myaccount, it leads me to submit study permit restoration application when I chose "My current status is worker".

She submitted reconsideration request for me.

I know it might be better if I just leave Canada now and apply outside Canada in my home country. However, there is no flight available now under the corona virus situation and no study permit will be issued worldwide.

My school will start in September. I really don't know what to do. If I stay, will this count as "overstay". But if I leave, there is no flight. And I have no chance to apply for study permit within time.

I wish anyone with professional knowledge or similar situation could help me.


Thank you!

 

[scylla]

Hi guys,

I am in a very messy situation now and feel anxious. I need your help!

I had a PGWP expired on 07-18-2019, I applied to extend my work permit before expire date and got refused on 11-08-2019. The refusal letter said I could apply to restore my status within 90 days. I got a school offer in the mean time, so after I consulted my consultant, she submitted restore to study permit within 90 days for me. I have paid restoration fee+ study permit fee+ biometric fee. On 05-21-2020, I got a refusal letter from visa officer.

The refusal reason is:

"In your case, you are not eligible to have your temporary resident status restored, because a foreign national can only apply to restore their status and authorization to one they held immediately prior to the need to apply for restoration."

When I applied, there is no such policy on IRCC website, and my consultant very firmly promised me that it is legal to restore my status from work permit to study permit as long as I met 90 days policy and I got a legit school offer.

Also on CIC Myaccount, it leads me to submit study permit restoration application when I chose "My current status is worker".

She submitted reconsideration request for me.

I know it might be better if I just leave Canada now and apply outside Canada in my home country. However, there is no flight available now under the corona virus situation and no study permit will be issued worldwide.

My school will start in September. I really don't know what to do. If I stay, will this count as "overstay". But if I leave, there is no flight. And I have no chance to apply for study permit within time.

I wish anyone with professional knowledge or similar situation could help me.


Thank you!

Unfortunately the chances of the reconsideration working are very low. You cannot restore your status from a work permit to a study permit. Your application was unfortunately correctly refused. You should have applied to restore your status to visitor.

You will most likely have to leave Canada once flights start again and then apply for the study permit from outside of Canada.

The only other option is to hope IRCC reconsiders your application. But again, the chances of that are extremely low since you were correctly refused.

 

[Angelalala93]

Unfortunately the chances of the reconsideration working are very low. You cannot restore your status from a work permit to a study permit. Your application was unfortunately correctly refused. You should have applied to restore your status to visitor.

You will most likely have to leave Canada once flights start again and then apply for the study permit from outside of Canada.

The only other option is to hope IRCC reconsiders your application. But again, the chances of that are extremely low since you were correctly refused.

I just got invitation to apply for Permanent Residence under CEC. Do I have to submit my documents outside of Canada because I am currently out of status in Canada?

I have an overstay record here because there is no flight right now. I bought a flight ticket that will departure on August 2nd. Can I give an explanation letter and explain the reason of my overstay and might be able to get my Permanent Residence through CEC?

 

[scylla]

I just got invitation to apply for Permanent Residence under CEC. Do I have to submit my documents outside of Canada because I am currently out of status in Canada?

I have an overstay record here because there is no flight right now. I bought a flight ticket that will departure on August 2nd. Can I give an explanation letter and explain the reason of my overstay and might be able to get my Permanent Residence through CEC?

You will be fine as long as you submit your CEC application once you are outside of Canada. Don't submit the application until you have left and are back in your home country.

When did you receive ITA? You should have 90 days from the ITA date to submit your application.

 

[scylla]

I just got invitation to apply for Permanent Residence under CEC. Do I have to submit my documents outside of Canada because I am currently out of status in Canada?

I have an overstay record here because there is no flight right now. I bought a flight ticket that will departure on August 2nd. Can I give an explanation letter and explain the reason of my overstay and might be able to get my Permanent Residence through CEC?

Also, for the CEC application, make sure you aren't counting any of the work experience you gained after your PGWP expired on 07-18-2019 for points.

 

[Angelalala93]

You will be fine as long as you submit your CEC application once you are outside of Canada. Don't submit the application until you have left and are back in your home country.

When did you receive ITA? You should have 90 days from the ITA date to submit your application.

I would not use any work experience I had after 07-18-2019. However, I did have a work starting from 01-21-2019, end on 11-01-2019. I will put this in personal history. I have submitted a work permit extension before the expiration of my PGWP. And they have acknowledged me that I am on implied status from 07-18-2019 to 11-08-2019 (When I received the refusal letter of my work permit extension application)

I won't have any trouble putting this in my personal history, right?


Thank you!