Express entry application refused/ Restoration of status refused, need help

[karan89]

hello friends,
i am in kind of a complicated situation right now. need expert advise
So here is my case. i applied for my permanent residence through express entry in july 2018. my pgwp was expiring in late august 2018, so i applied for bowp a week after my pr. due to some reasons my express entry file got a refusal in september 2018. i wasnt satisfied with their reasons so i applied for judicial review in federal court. unfortunately my bowp also got refused in october 2018 due to the valid reason that i didn't had any pr application under processing and was given 90 days for restoration. in december 2018 i got email from my attorney who helped me in filing judicial review that department of justice has settled my case with ircc and my file has been sent to a new visa officer for reconsideration. i applied to restore my status to worker on 3rd january 2019 which is within 90 days period. But restoration got refused on 10th may. they gave me reason that i didnt had any permanent resident application in system so i am not eligible to restore my status to a bowp and asked to leave within 30 days. first i was confused how can there be no file in the system when my file was sent for reconsideration already. so i called my attorney and he said it isnt possible. so he contacted department of justice and they said there has been a miscommunication between dept of justice and ircc, and somehow dept. of justice forgot to notify ircc and thats why my file was not reopened. now i am a total loss and 6 years of my life looks like total waste to me. but i still hv hope that my file will be reopened soon and approved as well. So i am planning to leave canada within a week so it doesnt have any effect on my file. but i need few questions to be answered before i leave. Any suggestions are welcome.

1) if any body has experience with judicial review, how long it takes ircc to reopen the file after positive decision from dept. of justice?
2) if they open my file, how long will it take to process? will they process the file as new application or start processing from where they stopped after refusal?
3) After i go back home to india will i b able to apply for a visitor visa or a work permit, so that i can come back with a status? and how long will it take?
Thanks

 

[Adpr]

1) What was the reason for the original PR application being rejected ?
2) Is your IELTS, WES, PCC and medicals still valid ? If not you have to submit new ones.
3) Besides the lawyers email, what proof do you have that IRCC is reviewing your file ? Does the status of your online application say that it is being processed ?
4) Are you confident that your lawyer is not scamming you ? Very rarely will IRCC reconsider rejected cases. The whole speil of IRCC not being notified sounds suspicious
4) Why dont you reapply with a new PR application instead of wasting money and time on lawyers ? Attach a LOE when you get your AOR explaing the situation
5) what is your CRS Score ?
6) Did you continue to work in Canada after your PR application and BOWP application was rejected ? If yes you have worked illegally and it needs to be stated in the LOE so as to avoid rejection of your PR Application.

 

[karan89]

1) What was the reason for the original PR application being rejected ?
2) Is your IELTS, WES, PCC and medicals still valid ? If not you have to submit new ones.
3) Besides the lawyers email, what proof do you have that IRCC is reviewing your file ? Does the status of your online application say that it is being processed ?
4) Are you confident that your lawyer is not scamming you ? Very rarely will IRCC reconsider rejected cases. The whole speil of IRCC not being notified sounds suspicious
4) Why dont you reapply with a new PR application instead of wasting money and time on lawyers ? Attach a LOE when you get your AOR explaing the situation
5) what is your CRS Score ?
6) Did you continue to work in Canada after your PR application and BOWP application was rejected ? If yes you have worked illegally and it needs to be stated in the LOE so as to avoid rejection of your PR Application.

1) reason of refusal was that my salary was low for a food service supervisor. i was being paid 13.75/hr which is higher than minimum wage of food service supervisor in BC
2)everything is valid
3)It is not under processing.
4)yes i dont think he is scamming me bcoz he had shown me all the correspondence with fedral court. dont i hv to be in status to apply for pr. and even if i apply i will hv to leave canada i guess
5)482
6)i worked after my pr was rejected as i was on implied status until my bowp was under processing. but i stopped working right away when i got bowp refusal

 

[Adpr]

1) reason of refusal was that my salary was low for a food service supervisor. i was being paid 13.75/hr which is higher than minimum wage of food service supervisor in BC
2)everything is valid
3)It is not under processing.
4)yes i dont think he is scamming me bcoz he had shown me all the correspondence with fedral court. dont i hv to be in status to apply for pr. and even if i apply i will hv to leave canada i guess
5)482
6)i worked after my pr was rejected as i was on implied status until my bowp was under processing. but i stopped working right away when i got bowp refusal

If you have the federal correspondence as proof that IRCC is reviewing your file then it is okay.

If i were you, i would contact an Cic agent on the phone today and explain your situation. Let them give you an update on the status of your application.

Ask them if you can apply for a visitors visa which will allow you to stay in Canada, while your pr is being processed. If they say you cannot apply and have to leave canada. Please ask them to confirm if your pr application will be proccesed as inland or an outland candidate as outland candidates have to provide biometrics for the pr application.

Since your app was rejected and will be reviewed again the process might taje longer than 6 months.

I repeat call cic today itself !!!!!!!!!!

 

[karan89]

If you have the federal correspondence as proof that IRCC is reviewing your file then it is okay.

If i were you, i would contact an Cic agent on the phone today and explain your situation. Let them give you an update on the status of your application.

Ask them if you can apply for a visitors visa which will allow you to stay in Canada, while your pr is being processed. If they say you cannot apply and have to leave canada. Please ask them to confirm if your pr application will be proccesed as inland or an outland candidate as outland candidates have to provide biometrics for the pr application.

Since your app was rejected and will be reviewed again the process might taje longer than 6 months.

I repeat call cic today itself !!!!!!!!!!

Sorry for late reply, got busy in figuring out my options. So i didnt leave canada. My immigration attorny wrote letter to ircc and explained the situation. He also got stay of motion which allows me to stay in canada. So ircc reopened my express entry application on 3rd july and told to submit additional documents, employement contracts etc within three weeks. My lawyer also asked for work permit. We submitted all additional documents including affadavits from me, my employer, contracts, record of employment by 14th july. Now waiting for final decision. Good news is my work permit got approved last week and i recieved it in mail today. Atleast i can work now. Hope everything will b alright from now onwards

 

[sab2020]

Hi Karan
I was surprised how similar my situation is to yours! I feel like all this 6 years of work and study in Canada and I have to status Im afraid i have to leave!
could you do me a favor and send me your lawyer contact to me I know nobody here and reading your story gave me small light of hope in a darkness
All the best
hope to hear from you soon

 

[Addey12]

Hi,Karan
I would love to have your lawyers contact. I just got my rejection letter about 10 hours ago. I’m so confused. Please help me . I have been here for 6 years too. Thanks