Application on Hold since May 2019 - How to get it off hold?! Next steps and advice needed!

[Wheels42]

So background;

2x Australians Working on WHV in BC (with exp. Feb 2019),

Applied for PR Jan 2019 with BC PNP nomination with 900ish points. Qualified for CEC stream with one of us as common-law spouse.

Application was processing on portal as per usual (submitted with medicals upfront, all documents requested etc)

In May 2019 was called at work and informed we were on the 89th day of being out of status and we would have to apply for restoration of status or leave Canada (this was our fault - we assumed we had implied status due to incorrect advice and had not applied for BOWPs)

Applied for status restoration on the same day - submitted and received before the 90th day. Stopped working while waiting for approval/denial.

In September 2019 we were denied restoration with no reasons given. We consulted with a lawyer (for the first time) and they indicated leaving Canada immediately was the best route, and to apply for GCMS notes which we did the same week.

Left Canada in September to travel and wait for the GCMS notes which were meant to take 30 days (whilst still renting an apartment in BC) and notified IRCC via webform and multiple phone calls to notify that the restoration was denied and we would be now residing elsewhere.

GCMS notes arrived 3 months later in December 2019 (after much wrangling on behalf of our lawyer) and we found out the application has been on hold since the May 2019 call... with no mention of any of our many Webforms submitted, or any notes on our changes of address and or location. It seems to have been stuck in time.

We then flew back to Australia (family illness and one of us had a passport with less than 6 months left on it) and arrived in early January. Whilst waiting for new passports and having a death in the family COVID-19 struck and Canada closed its borders/shut down.

Now its June 2020 and we cannot call them (IRCC number doesn't work from overseas) and every Webform we've submitted has gone unanswered. I've emailed my local MP in Vancouver, I've had other people write on my behalf, I've contacted the lawyer we had on retainer with little success and I just don't know what to do to make our application proceed!

I've attached redacted GCMS notes to this post in hope someone will have an idea or answer...

GCMS Notes

 

[scylla]

So background;

2x Australians Working on WHV in BC (with exp. Feb 2019),

Applied for PR Jan 2019 with BC PNP nomination with 900ish points. Qualified for CEC stream with one of us as common-law spouse.

Application was processing on portal as per usual (submitted with medicals upfront, all documents requested etc)

In May 2019 was called at work and informed we were on the 89th day of being out of status and we would have to apply for restoration of status or leave Canada (this was our fault - we assumed we had implied status due to incorrect advice and had not applied for BOWPs)

Applied for status restoration on the same day - submitted and received before the 90th day. Stopped working while waiting for approval/denial.

In September 2019 we were denied restoration with no reasons given. We consulted with a lawyer (for the first time) and they indicated leaving Canada immediately was the best route, and to apply for GCMS notes which we did the same week.

Left Canada in September to travel and wait for the GCMS notes which were meant to take 30 days (whilst still renting an apartment in BC) and notified IRCC via webform and multiple phone calls to notify that the restoration was denied and we would be now residing elsewhere.

GCMS notes arrived 3 months later in December 2019 (after much wrangling on behalf of our lawyer) and we found out the application has been on hold since the May 2019 call... with no mention of any of our many Webforms submitted, or any notes on our changes of address and or location. It seems to have been stuck in time.

We then flew back to Australia (family illness and one of us had a passport with less than 6 months left on it) and arrived in early January. Whilst waiting for new passports and having a death in the family COVID-19 struck and Canada closed its borders/shut down.

Now its June 2020 and we cannot call them (IRCC number doesn't work from overseas) and every Webform we've submitted has gone unanswered. I've emailed my local MP in Vancouver, I've had other people write on my behalf, I've contacted the lawyer we had on retainer with little success and I just don't know what to do to make our application proceed!

I've attached redacted GCMS notes to this post in hope someone will have an idea or answer...

GCMS Notes

It's hard to guess but your application does not look straight forward. The three months of illegal work may be complicating things and may have triggered additional reviews.

You received ITA based on your BC PNP nomination, correct?

 

[Wheels42]

Yes, ITA was based on the 600 points from the BC PNP nomination - without it we would've been below points needed.

I thought we both pretty straightforward applications - common-law; one of us was 28, other 34 - two WHV completed back to back with NOC B & 0 codes. No weird travel history, very little work history for one of us. No kids, plenty of funds.

I'm assuming being out of status affected application but is it's odd that notes don't have any record of the 3-4 other conversations I've had via phone or any of the Webforms submitted except one, which was done in October 2019? I worry that it's just going to sit on hold indefinitely.

 

[ayeetee]

So background;

2x Australians Working on WHV in BC (with exp. Feb 2019),

Applied for PR Jan 2019 with BC PNP nomination with 900ish points. Qualified for CEC stream with one of us as common-law spouse.

Application was processing on portal as per usual (submitted with medicals upfront, all documents requested etc)

In May 2019 was called at work and informed we were on the 89th day of being out of status and we would have to apply for restoration of status or leave Canada (this was our fault - we assumed we had implied status due to incorrect advice and had not applied for BOWPs)

Applied for status restoration on the same day - submitted and received before the 90th day. Stopped working while waiting for approval/denial.

In September 2019 we were denied restoration with no reasons given. We consulted with a lawyer (for the first time) and they indicated leaving Canada immediately was the best route, and to apply for GCMS notes which we did the same week.

Left Canada in September to travel and wait for the GCMS notes which were meant to take 30 days (whilst still renting an apartment in BC) and notified IRCC via webform and multiple phone calls to notify that the restoration was denied and we would be now residing elsewhere.

GCMS notes arrived 3 months later in December 2019 (after much wrangling on behalf of our lawyer) and we found out the application has been on hold since the May 2019 call... with no mention of any of our many Webforms submitted, or any notes on our changes of address and or location. It seems to have been stuck in time.

We then flew back to Australia (family illness and one of us had a passport with less than 6 months left on it) and arrived in early January. Whilst waiting for new passports and having a death in the family COVID-19 struck and Canada closed its borders/shut down.

Now its June 2020 and we cannot call them (IRCC number doesn't work from overseas) and every Webform we've submitted has gone unanswered. I've emailed my local MP in Vancouver, I've had other people write on my behalf, I've contacted the lawyer we had on retainer with little success and I just don't know what to do to make our application proceed!

I've attached redacted GCMS notes to this post in hope someone will have an idea or answer...

GCMS Notes

Here's the number to call from outside of Canada: 1.613. 944.4000

 

[scylla]

Yes, ITA was based on the 600 points from the BC PNP nomination - without it we would've been below points needed.

I thought we both pretty straightforward applications - common-law; one of us was 28, other 34 - two WHV completed back to back with NOC B & 0 codes. No weird travel history, very little work history for one of us. No kids, plenty of funds.

I'm assuming being out of status affected application but is it's odd that notes don't have any record of the 3-4 other conversations I've had via phone or any of the Webforms submitted except one, which was done in October 2019? I worry that it's just going to sit on hold indefinitely.

Nothing sits on hold indefinitely. However things are certainly slower right now due to COVID-19.

Was your BC Nomination employer supported? I'm assuming not.

 

[thevisawhisperer]

There are very few cases in which a BC nomination is not employer supported - some PhD students . . .

When you made the restoration application, did you include the PNP nomination certificate and work permit support letter? Was your nomination still valid at the time?

 

[Wheels42]

Nothing sits on hold indefinitely. However things are certainly slower right now due to COVID-19.

Was your BC Nomination employer supported? I'm assuming not.

Yes my BC PNP was employer supported - its impossible to get one without them doing at least a bit of work to assist you - thats why only one of us got it - the other employer was not interested/refused to fill in the questions.

 

[Wheels42]

There are very few cases in which a BC nomination is not employer supported - some PhD students . . .

When you made the restoration application, did you include the PNP nomination certificate and work permit support letter? Was your nomination still valid at the time?

Yes and yes. In the restoration application we included the PNP certificate that was still valid as well as support letters from both employers - thats why we were so shocked when it got rejected and there was no recourse.

 

[scylla]

Yes my BC PNP was employer supported - its impossible to get one without them doing at least a bit of work to assist you - thats why only one of us got it - the other employer was not interested/refused to fill in the questions.

Hmmm... You may be best off posting to the PNP section of the forum. If your nomination is employer supported but you're no longer working for that employer - I'm not sure how that works.

 

[Wheels42]

Hmmm... You may be best off posting to the PNP section of the forum. If your nomination is employer supported but you're no longer working for that employer - I'm not sure how that works.

Thanks - I will do! Although the job is technically still mine, they haven't permanently filled it as we expected this process to take a lot less time, and honestly if we thought it would take this long they would've just sponsored.