Application got sent back due to missing information

[Ngnlinh]

Hi dear,

My visitor record has expired on August 06 but I sent my sponsorship application before that along with my open work permit application. I thought that mean I'm having the implied status after my status expired and was hoping to get the work permit while the Sponsorship Application is being processed.

However, CIC sent back my sponsorship application due to missing information. They say insufficient fees for my open work permit. I originally paid $100 but I guess I have to pay for Restoration and application for new permit now which is $355. Is it right?!


Do I have to fill out any forms for Restoration? Or I can just fill out the IMM5556 form?

As for now, my status has expired, so do I have to change my answer to question 2c (background information) "have you ever remained beyond the validity of your status, attend school without authorization or worked without authorization in Canada" to yes and give the explaination?

And can I still send all my application (sponsorship, restoration status and open work permit) to the Case Processing Center in Mississauga?

Could you guys please help me with this?

Thanks a lot
Linh Nguyen

 

[Haire Gabriela]

First of all, you need to restore your status.
You only get an implied status when you send your open work permit application along with the sponsorship starting on the day you receive the first AOR letter (Acknowledgement Of Receipt). Before this, they just got the package but haven't checked it to make sure it's complete and they can start processing it, so it doesn't count.

"If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status in accordance with section 182 of the Immigration and Refugee Protection Regulations..

Note: This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions."

The CIC website states what steps you need to follow to restore your status, I've personally not done it myself, but you need to pay a fee of 200$

Regarding your application being returned, was the fee the only reason for it? The Open Work Permit fee is a total of 255$ because there are 2 fees including this, the work permit (155$) and the open work permit holder (100$). It can be confusing, I know, you're not the first one committing this mistake. You do not need to pay for a restoration of status as a worker UNLESS you had a work permit before that has expired, if this is your first time applying for a work permit, this 355$ fee doesn't apply to you (if that's the 355$ you were talking about).

Pay the 155$ fee difference and send back your application with the payment proof if that's the only thing they asked for.

Sadly I cannot tell you if you need to send the restoration of status forms and fee in the same package as your sponsorship application, in their website I just found this information:

In some cases, if you are still within the 90-day period following the expiry of your status, you can apply to restore it.

To do this, you will need to:

• Complete an Application to Change Conditions or Extend Your Stay in Canada as a Visitor,
  • On form IMM 5708, under section 3, select Restoration of temporary resident status as a visitor.
  • Give details of your situation and the reason you stayed in Canada longer than allowed.
  • Pay the required fees.
• To submit your application, you can:
  • Apply online, or
  • Send your application to the Case Processing Centre in Vegreville, Alberta.

I hope this helps you.

 

[Nadaa]

First of all, you need to restore your status.
You only get an implied status when you send your open work permit application along with the sponsorship starting on the day you receive the first AOR letter (Acknowledgement Of Receipt). Before this, they just got the package but haven't checked it to make sure it's complete and they can start processing it, so it doesn't count.

"If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status in accordance with section 182 of the Immigration and Refugee Protection Regulations..

Note: This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions."

The CIC website states what steps you need to follow to restore your status, I've personally not done it myself, but you need to pay a fee of 200$

Regarding your application being returned, was the fee the only reason for it? The Open Work Permit fee is a total of 255$ because there are 2 fees including this, the work permit (155$) and the open work permit holder (100$). It can be confusing, I know, you're not the first one committing this mistake. You do not need to pay for a restoration of status as a worker UNLESS you had a work permit before that has expired, if this is your first time applying for a work permit, this 355$ fee doesn't apply to you (if that's the 355$ you were talking about).

Pay the 155$ fee difference and send back your application with the payment proof if that's the only thing they asked for.

Sadly I cannot tell you if you need to send the restoration of status forms and fee in the same package as your sponsorship application, in their website I just found this information:

In some cases, if you are still within the 90-day period following the expiry of your status, you can apply to restore it.

To do this, you will need to:

• Complete an Application to Change Conditions or Extend Your Stay in Canada as a Visitor,
  • On form IMM 5708, under section 3, select Restoration of temporary resident status as a visitor.
  • Give details of your situation and the reason you stayed in Canada longer than allowed.
  • Pay the required fees.
• To submit your application, you can:
  • Apply online, or
  • Send your application to the Case Processing Centre in Vegreville, Alberta.

I hope this helps you.

Agree with @Haire Gabriela.
Btw eventhough you were waiting for PR and OWP, you have to maintain your legal status in Canada. I was in 2nd extention visitor visa while i applied PR&OWP.. when my OWP granted, i was processing my 3rd extention visitor visa (luckily i got my OWP before my 3rd extention processed- i should ask CIC for refund )

Anyhow my OWP application in beginning also returned bcs of shortage of payment like yours but i paid soon we received the doc and re-send it again.

Good luck

 

[Ngnlinh]

Thank you so much for both of your responses. I really appreciate it.

I have paid $355 more and attached the receipt with my completed application this time. Going to send it soon since I already order the courier service. As you mentioned, the fee is $255 for work permit and open work permit holder. But I already paid the $355 yesterday and the $100 before (when I first did it). Which means I actually paying $455 for this service. Will they send back my application if I overpaying them? And will I get my money back if they process my case?!

Also, I'm trying to do the restoration of my status as a visitor now online just to keep it safe. I did the eligibility check and had the reference code but when I log in my CIC account to apply online, there is no options to restore my status. Under "what would you like to do today", there are only three options saying express entry, IEC and IFHP. Can you please help?! Does that mean I can only apply by paper to Alberta?!

Again,
Thanks a lot!!
Linh

 

[Haire Gabriela]

I think they don't give you back money when you overpay then, they won't send it back because you overpay either though.

Log into your account, select visit, work or study and do the questionnaire, when they ask you when your status expires and you set the date it will tell you that you need to restore status and it's 200$, keep answering questions and once you're done it will create a new application for you with the 5708 form and the restoration of status fee. To do this I just tried and answered that I wanted to stay temporarily for less than 6 months and that I'm a visitor. If you're still not seeing the visitor option on the "what would you like to do today?" menu, go check below your applications in progress in your profile, the ones you have not submitted, you probably already have one regarding your visitor status and that's why it's not showing.

 

[Haire Gabriela]

Thank you so much for both of your responses. I really appreciate it.

I have paid $355 more and attached the receipt with my completed application this time. Going to send it soon since I already order the courier service. As you mentioned, the fee is $255 for work permit and open work permit holder. But I already paid the $355 yesterday and the $100 before (when I first did it). Which means I actually paying $455 for this service. Will they send back my application if I overpaying them? And will I get my money back if they process my case?!

Also, I'm trying to do the restoration of my status as a visitor now online just to keep it safe. I did the eligibility check and had the reference code but when I log in my CIC account to apply online, there is no options to restore my status. Under "what would you like to do today", there are only three options saying express entry, IEC and IFHP. Can you please help?! Does that mean I can only apply by paper to Alberta?!

Again,
Thanks a lot!!
Linh

Also, I recommend you to add an explanation letter telling them why did you overstay and add proof of your permanent residency application, add payment fees copies, courier receipts and any letter they sent you when they sent back your application.

 

[Aly_1986]

Hello, Dear All

did any one experience email like this? If yes kindly let me know what it mean? Whether new application needs to be submitted from scratch level or work permit application will be continuity of my TRV application, because Pakistani passport needs TRV (as in list ofTRV required countries) even if you are applying for work permit? please let me know I am worried, thanks

I write regarding your above-referenced application for a Temporary Resident Visa.

Upon review of your application, it has been determined that a Work Permit is required for your visit to Canada (Post-doctoral researcher for more than 90 days).

Please submit an application for a Work Permit along with the processing fee of $155.

Please note that your application for a Temporary Resident Visa will be cancelled and a refund of the processing fee processed in due course.

Kind Regards,