Hello everyone, as the title suggests, I was recently refused a restoration of status from Immigration Canada. Please allow me to provide you with the following timeline of events:
1. My PGWP expired October 2019 and I had already applied for the AINP during that period. I was advised (erroneously) by a CIC call centre agent to apply for a BOWP to extend my work permit which I did with the help of a lawyer. This unsurprisingly led to my application being rejected and a letter stating my status expired officially in January 2020. It also stated I had 90 days to apply for a restoration of my temporary resident status.
2. Upon receiving this information, I decided to go back to school to get a better qualification for a higher NOC class job and then I made the application for a study permit in February, 2020 (well within the 90 day time frame). This time before handing in this application, I made sure to contact the CIC call centre (THREE TIMES) to confirm that I could indeed restore my status and apply for a student permit. They confirmed this ON THREE SEPARATE OCCASIONS. They also confirmed that I could apply from within the country as long as it was within the 90 day period. I paid the restoration fees, study permit fees and biometric fees and handed in the application. Not long after I handed in my application, the pandemic hit.
3. June 2020- I receive an email from them reassuring me that the longer than usual wait times/lack of updates have become normal in these times and not to worry.
4. July 2020 - I receive another email with a letter with instructions to go to a biometric collection centre for data collection which was impossible as centres in Canada were closed due to the pandemic. I contacted Service Canada and I was informed to wait until any local centres were opened. I kept trying to contact the CIC on application times but as usual no definitive answer.
5. September 2020- I log into my email again to refresh as I have been doing to find an email dated August 2020 that states that I have been refused as follows:
[X] A visitor, worker or student who loses temporary resident status for failure to comply with the
following conditions imposed under: paragraph 185(a)any of subparagraphs 185(b)(i) to (iii), or paragraph 185(c) may be eligible for restoration of temporary resident status if an application is submitted within 90 days after loss of status and if following examination it is established that the applicant meets
the initial requirements for their stay and has complied with any other conditions imposed.
In your case, you have not met the initial requirements; therefore you are not eligible to have your temporary resident status restored. Since you no longer hold temporary resident status in Canada your application for a Study
Permit is also refused.
[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a
Canadian Visa office in another country.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] 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.
My question is: Is there anyway I can contest this decision seeing as there seems to be a misunderstanding and miscommunication regarding the official expiry of my status (January 2020)? If so does anyone have the contact of a decent immigration consultant or any ideas for the next steps to follow. Thank you all in advance and I would really appreciate your help.
1. My PGWP expired October 2019 and I had already applied for the AINP during that period. I was advised (erroneously) by a CIC call centre agent to apply for a BOWP to extend my work permit which I did with the help of a lawyer. This unsurprisingly led to my application being rejected and a letter stating my status expired officially in January 2020. It also stated I had 90 days to apply for a restoration of my temporary resident status.
2. Upon receiving this information, I decided to go back to school to get a better qualification for a higher NOC class job and then I made the application for a study permit in February, 2020 (well within the 90 day time frame). This time before handing in this application, I made sure to contact the CIC call centre (THREE TIMES) to confirm that I could indeed restore my status and apply for a student permit. They confirmed this ON THREE SEPARATE OCCASIONS. They also confirmed that I could apply from within the country as long as it was within the 90 day period. I paid the restoration fees, study permit fees and biometric fees and handed in the application. Not long after I handed in my application, the pandemic hit.
3. June 2020- I receive an email from them reassuring me that the longer than usual wait times/lack of updates have become normal in these times and not to worry.
4. July 2020 - I receive another email with a letter with instructions to go to a biometric collection centre for data collection which was impossible as centres in Canada were closed due to the pandemic. I contacted Service Canada and I was informed to wait until any local centres were opened. I kept trying to contact the CIC on application times but as usual no definitive answer.
5. September 2020- I log into my email again to refresh as I have been doing to find an email dated August 2020 that states that I have been refused as follows:
[X] A visitor, worker or student who loses temporary resident status for failure to comply with the
following conditions imposed under: paragraph 185(a)any of subparagraphs 185(b)(i) to (iii), or paragraph 185(c) may be eligible for restoration of temporary resident status if an application is submitted within 90 days after loss of status and if following examination it is established that the applicant meets
the initial requirements for their stay and has complied with any other conditions imposed.
In your case, you have not met the initial requirements; therefore you are not eligible to have your temporary resident status restored. Since you no longer hold temporary resident status in Canada your application for a Study
Permit is also refused.
[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a
Canadian Visa office in another country.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] 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.
My question is: Is there anyway I can contest this decision seeing as there seems to be a misunderstanding and miscommunication regarding the official expiry of my status (January 2020)? If so does anyone have the contact of a decent immigration consultant or any ideas for the next steps to follow. Thank you all in advance and I would really appreciate your help.
