Can you restore your status as a visitor (from worker) after BOWP refusal?

[Elloskar]

Potential situation: My IEC work permit expires but I submit a BOWP application before it does. I move to implied status. Then BOWP is refused, and I lose status. In this scenario, I've seen people talk about restoring their status to a visitor so they can stay in Canada (but just not work anymore).

Problem: the IRCC website states you can only restore your status to what it was before. I am yet to see any clues from people on how they actually successfully restored back to visitor, from a worker status. If I am on implied status and allowed to work until a BOWP rejection, does that mean I am a worker that whole time? Then, it follows that I am only able to restore my status back to worker, not visitor? I have never held visitor status in Canada. Is it possible those people could restore their status only because once upon a time they were in Canada as a visitor?

"It is important to note that an applicant can only restore to an authorization that they held immediately prior to the restoration application. As an example, a student who lost their status cannot apply to restore status with authorization as a worker." - https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

Different but related question....
- Can I apply for a visitor record at the same time as an open BOWP application? If BOWP is refused, I fall back on the safety net of visitor record and never lose status (just have to stop working)?

Every time I call IRCC they give me a different answer and we are trying to avoid paying for another appointment with an immigration consultant as money is tight/future uncertain. Thank you so much.

 

[scylla]

Potential situation: My IEC work permit expires but I submit a BOWP application before it does. I move to implied status. Then BOWP is refused, and I lose status. In this scenario, I've seen people talk about restoring their status to a visitor so they can stay in Canada (but just not work anymore).

Problem: the IRCC website states you can only restore your status to what it was before. I am yet to see any clues from people on how they actually successfully restored back to visitor, from a worker status. If I am on implied status and allowed to work until a BOWP rejection, does that mean I am a worker that whole time? Then, it follows that I am only able to restore my status back to worker, not visitor? I have never held visitor status in Canada. Is it possible those people could restore their status only because once upon a time they were in Canada as a visitor?

"It is important to note that an applicant can only restore to an authorization that they held immediately prior to the restoration application. As an example, a student who lost their status cannot apply to restore status with authorization as a worker." - https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

Different but related question....
- Can I apply for a visitor record at the same time as an open BOWP application? If BOWP is refused, I fall back on the safety net of visitor record and never lose status (just have to stop working)?

Every time I call IRCC they give me a different answer and we are trying to avoid paying for another appointment with an immigration consultant as money is tight/future uncertain. Thank you so much.

You would restore status and apply to change your status to visitor. Restoring your status to worker would only be possible in this scenario if you hold an approved LMIA and job offer from an employer in Canada in which case you would be restoring your status to a closed work permit.

You can apply for a visitor record at the same time as a BOWP but this will only work if your IEC is still valid and the visitor record application is received before your IEC expires. If your IEC has already expired, then applying for a visitor record is really pointless since once the BOWP is refused the visitor record will be as well and you'll have to apply for restoration.