Cec refused, bowp refused, common-law in canada

[Amely23]

Hello everyone, thank you for giving opportunity to share my story.
Came in Canada as a student 2010, graduates 2012 ( 2-year business program), got 3 years post graduate work permit,
in April 2014 applied pr under cec,
in march 18, 2016 got refusal ( my employer massed up, didn't not even remember i worked for him) cic gave him a call in September 2015,

27 July, 2015, post graduate work permit due to expire,
June 1, 2015 applied for bridging work permit,

September 18, 2015, received letter stating that i paid incorrectly, and now i need apply for restoration,
paid, applied, they receive application September 21, 2015.

February 4, 2016 got restoration refusal, received Apit, stating i didn't met restoration timing 90 days, but i met.

So my situation,
I am being out of status for almost 2 months,
i have common-law partner, international student, graduating this April,

I visited my lawyer, didn't get any good advice,
Now asking you guys to help me, coz honestly i have tears in my eyes, have no clue what to do.

I haven't receive departure order, just with restoration refusal to "live immediately"
with pr refusal they didn't not even say anything.

I am planing to return to my home country, and apply for visitor status,
How do you think, what are my chances? when should i apply, in how many months?
Can i get open work permit, when my common-law applies, again what are my chances?

Please let me know what are your thoughts, would appreciate a lot.

thank you in advance

 

[OhWow]

February 4, 2016 got restoration refusal, received Apit, stating i didn't met restoration timing 90 days, but i met.

Ask for reconsideration, if you have proof that you met the time.

 

[Amely23]

made mistake
bridging work permit expired June 27, 2015,

That's what Atip states,

entered canada on aug 2010, was authorized to remain in canada as temp resident on a work permit until 27 june,2015. has remained in canada since that date without authorization. has failed to comply with condition imposed under R185(a) to leave canada by 27 jun, 2015. As per A47(a) has lost status. has applied for and is not eligible for restoration under R182. client is requesting a bridging open work permit. client cannot be restored to an bowp. client is no longer restorable. client advised to leave canada. letter sent to advise

can you please help understand why i was not able to restore my status?

 

[OhWow]

made mistake
bridging work permit expired June 27, 2015,

That's what Atip states,

entered canada on aug 2010, was authorized to remain in canada as temp resident on a work permit until 27 june,2015. has remained in canada since that date without authorization. has failed to comply with condition imposed under R185(a) to leave canada by 27 jun, 2015. As per A47(a) has lost status. has applied for and is not eligible for restoration under R182. client is requesting a bridging open work permit. client cannot be restored to an bowp. client is no longer restorable. client advised to leave canada. letter sent to advise

can you please help understand why i was not able to restore my status?

You need to restore your status as a visitor, not worker. You cannot apply for a work visa, if your status has expired. You still need to have a valid work permit to extend your BOWP, which means, you should have applied before June 27, 2015.

Since your status as a worker expired on June 27, 2015 and you applied in September, you were out of status.

The only option you have then, is to apply for "Restoration of Status as a Visitor" within 90 days after you ran out of status.

 

[jes_ON]

can you please help understand why i was not able to restore my status?

Because your PGWP expired before you submitted a complete application for BOWP. To be eligible for a BOWP, you have to have a valid work permit. Once that permit expires, you are no longer eligible. You cannot "restore" to a BOWP because by definition, you do not have a valid work permit if you have to restore status.

Your lawyer couldn't give any good options because right now, there aren't any. If you want to preserve any chance of coming back to Canada, you must leave immediately, and find another way back. It sounds like you have options, but you could lose those options if you stay much longer...

Sorry for the bad break. Lots of people have gotten screwed up because of the extra $100 open work permit "compliance" fee (just guessing this is what happened to your first BOWP application). CIC could make the payment process error-proof, it's a mystery why they don't...

 

[Amely23]

thank you everyone for your replies,
yes it was $100 compliance fee

some lawyers say i have 60 days to leave country after i was pr refused is true?

when i received restoration refusal, and it said ' leave immediately'
is it a departure order?

how do you think do i have any chance to return as a visitor? how long should i wait before i apply?

i have already purchased my ticket, leaving in 2 days,
should i notify cbsa on my leave?

 

[scylla]

You should leave within 30 days of receiving the refusal letter - sooner if possible.

I would remain in your home country for 4-6 months to re-establish ties before you try to return to Canada or apply for a visitor visa (if you need one).

I think there's a good chance of your visitor visa being approved provided you can show ties (e.g. employment) when you apply.

 

[scylla]

Ah - I see you've already been here for two months since you received your letter to leave.

In that case I would definitely recommend you remain in your home country for six months before applying to return.

 

[Amely23]

folks,

when i apply for any application visitor/study,
how would i explain i was out of status for 2 months?

should i tell cbsa i leave? or better don't notify them?