Extending (Expired) Work Permit

[mikey_c_9]

Hey Guys,

I'm after some speedy advice -I am frantically sourcing as much info today as possible to see what my options are and time isn't on my side. I need to take action today ASAP.

Let me explain:

I am an accepted applicant for BC PNP (from 2011), going through PR (completed medicals in 2012 etc..) and I needed to extend my WP -- I was told just a letter from BC PNP would suffice to apply online.

I have been VERY organized throughout the entire immigration process and have every piece of documentation all filled away nicely - all forms perfectly filled in, triple-checked etc..

So, with just under a month to spare (or so I thought) I contacted BC PNP on Jan 22 to ask for my updated acceptance letter -- no response for around 10 days -- so I chased them up 3-4 times until eventually on Feb 1 they asked me to provide last 2 pay stubs. I sent them immediately and eventually received my updated letter (PDF) on Feb 2 by email - (BTW: I have proof of all the emails sent).

With the PDF letter in my inbox, I attempted to apply online (as advised by CIC) every day last week and each time the website crashed - (I have screenshots of this, and I'm sure they have error logs of the server crashes).

Last night the website was working long enough for me to apply -- After the initial online application (fairly confusing, having to enter spouse info in the family member section, only having the option to apply for an "Open permit" or "other"), I finally got to the section that listed the documents I needed to provide -- Employment history, Common law declaration, Passport copies (every stamped page), permit copy, job offer letter, the works... just to be able extend my permit? Nothing has changed, plus they would have all this info already.

Not a huge deal, just a little time consuming scanning everything in again, I gather all of the documents they listed, fill in all the PDF forms etc.. -- and just as I scan my WP, I notice -- Expiry date is Feb 5th - CRAP (I put in my calendar "Visa Expires Feb 14" - I got confused with my job start date which was Feb 14). So, it wouldn't let me submit the online extension as its showing an error with the Application form PDF - ERROR: The Work Permit expiry date is before today's date.

What a mess!

I just called CIC to explain the technical issues and asked what my options are -- and the nice lady says: "not to worry, as long as it's within 90 days of expiry you can just mail in the application - include a letter/proof explaining the situation - but you will have to do a restoration as well. What's your email address? I will send you the details of where to mail the application." - I say OK thanks, that's a relief.

I literally just received the email from her showing me where to send the application and it states in the email: Please note that you must stop working right away and wait until you get additional instructions. - DOUBLE CRAP!

The reason I went past my expiry date was due to Technical difficulties & Slow response from BC PNP, I know I am partially to blame too as I had Feb 14 in my calendar for my expiry date, but I did TRY and apply before the 5th on multiple occasions - and I have proof of that.

Can I do anything else to retain my status at this point?

Would it be wise to drive to the border tonight and show them the proof?

Any help or advice will be very much appreciated -

Thank you for taking the time to this!!!!

- Mike

 

[scarletsally]

First off, yes you need to stop working immediately. You should not be paid anything starting February 6th. If you had successfully sent in an application (through mail or online) before that date, you'd be under implied status. I think CIC has strict rules & procedures that they would see that you still could have sent the application by mail before your work permit expiry date if you were unable to apply online.

Are you from a visa exempt country? If you are, you can drive up to the border and get a work permit with your BC PNP work permit recommendation letter. This is the easiest thing to do since you can go back to work immediately. Otherwise, if you apply online, you'd have to sit at home and wait for your new work permit for around 2 months.

If you aren't from a visa exempt country but have a valid TRV and have applied for your own closed work permit before, you can try and apply at the border as well, but there is much lesser guarantee that they will grant it to you. I'm saying this because I had always believed that all you need to do to get a work permit at the border is have a TRV, but I was proven wrong when my husband tried to do it (they didn't process our application because he was on an open work permit before, luckily our work permits weren't expired yet).

 

[scarletsally]

I'd just like to add that I think you have no risk of going through the border if you want to apply for a work permit there (I believe you're from a visa exempt country?) and that's your best bet...you can't work anyways. One thing I'm not sure about is the restoration though -- if it would have any effect on you if you left Canada right now.

 

[mikey_c_9]

Thanks for the advice scarletsally - I have told my boss the situation and I am now not working until I can figure this out.

Just waiting for a call back from BC PNP - Hopefully they can provide maybe a letter of some sorts to back up my story so I can flag-pole tonight - and hopefully have a nice officer who understands my situation...

A long shot I know - and pretty risky - but not sure I have many other options apart from applying by mail - and not working until I get a decision - they say it's taking up to 88 days to get a decision on permit's.

I hope the fact it expired only a day or so ago may help my case - but very doubtful - rules are rules.

 

[scarletsally]

No worries, good luck! Pretty sure you're gonna be fine & back to work after the drive to the border

 

[mikey_c_9]

No worries, good luck! Pretty sure you're gonna be fine & back to work after the drive to the border

If they reject my WP extension (probably the most likely outcome) - we can definitely still "restore our status" at the border can't we?

That will just mean I can't work until I get either my new WP or PR decision - right?

 

[mikey_c_9]

Looks like I will need to apply for Restoration of Status online first, then head to the border with a receipt to prove it - is that correct?

 

[mysteryocean]

hey Mike,
Sorry for the late reply, i should have write this to you earlier, but the problem you're facing, is actually not a problem at all. What problem you're facing, i have gone through such few time already. while i saw a student i renewed my study permit twice. both time i applied in the last week of restoration period. ( means after the expiry we get 90 days to restore the status. i sent in the last week of those 90 days). never quit working. and still everything went well. feeling better? lol heres the even bigger one. i worked for 7 months, after my work permit expired.then i left canada. came back under SINP after 3 yrs, n now i got my PR. So what you're actually facing is not an issue at all. in my university many students used to apply in their restoration period and nobody ever quit working. but hey its your final call!!!

 

[Preetvir]

Hello,
I have some concerns in regards to my situation.
I am a bc pnp nominee and my federal file (NON EXPRESS ENTRY) has been submitted and i have been already been asked to submit landing fees. My work permit expired on sep. 2017 and i applied one month ahead of expiration however it got rejected as i missed paying $100.00 fees.
I got migration consultant to ile restoration application where he made me pay $200.00 (restoration application)+ $155.00 (work permit application) +$100.00 ((open work permit fees)
My work permit before was open work permit and had no restrictions on my permit or nomination certificate.

Do u think my lawyer has done right thing as lately i am hearing about this compliance fees. Kindly help any type of suggestions/input are helpful as very stressed right now and dont know what to do