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JaytheKiwi

Newbie
Jan 6, 2017
2
0
Question: Can I appeal regarding my Work Permit application in the below situation?

I was sent back my Work Permit application for additional information, BUT I never received it, so I thought it was still being processed with myself having implied status while I wait as I was working in Canada at the time via a WHA Visa.

CIC closed my case with not contacting me via email, phone or a letter. I had no idea. I only found out yesterday this was closed and Im way past the 90 days to ask for a Restoration. I was instructed last night to leave Canada when I was expecting an answer.
This also unfortunately means Ive been working illegally to my surprise as I thought I had implied status, as my Lawyers said I would have until the moment CIC sent a formal letter stating my Permit was approved or denied.

Not sure if this is relevant but my PR was withdrawn by my ex wife when we separated just before my PR would of likely been approved. I dont know if the withdrawn PR matters as I believe you can work and live in Canada with a Work Permit as a temp. resident regardless of PR.

Any ideas what I can do?

I left it too long to chase up the status of my Work Permit which Im regretting but I assumed I had implied status. I didnt think for a second CIC wouldnt contact me OR that their letter asking for more info wouldnt turn up in the mail to me. I thought they would call me or email me if they hadnt heard anything back, instead they just closed my case and Im additionally worried I'll need to clear my name as they might see me as an intentional overstayer & worker preventing me to apply for another VISA, Work Permit or PR one day.

Can I appeal?

Its kinda shit if I have to quit my career and leave the country over something so trivial as miscommunication or no communication from either party.
 
Being an overstayer isnt always seen as negative as it implies your willingness/dedication to immigrate. Also, how much ties you've cut off from your home country vs. how much you are invested here (ie. wife/partner/girlfriend - how long, any kids that might be impacted, property, length of time employed, etc,.) would all be reviewed in an appeal application. Deportation orders can be fought - and in a lot of cases they are successfully won. Jacqueline Bart of bartlaw.ca is a prominent immigration lawyer as well as Matthew Jeffery. Highly recommended as they've helped friends/family.
 
There's actually no implied status with IEC visas. This is a common mistake people make and even immigration lawyers sometimes seem uninformed. IECs don't benefit from implied status. So this means that even if you have a work permit in progress that was submitted before the IEC expired, you still have to stop working as soon as the IEC expires. Unfortunately your lawyer advised you badly.

I doubt there are grounds for appeal. I would leave Canada as instructed.

The fact you had a PR application that was withdrawn has no bearing on the situation one way or the other.