HELP : TRV Refused; Didn't submit application within the authorised period

[inderbirdeol]

Hello everyone,

I got ITA under FSW in EE in March and submitted my application on April 21 2016(AOR).

My work permit was expiring 31 December 2015 and hence I had applied for an extension which got rejected on March 9th due to my EE application not had passed the R10 completeness check at the time.

From March 9th 2016 onward I had 90 days to restore my status and hence I applied for restoration status and visitor visa within Canada.

But I got a reply yesterday from CIC saying my TRV has been refused because

"Your status as a temporary resident has expired. You did not submit an application for extension of their temporary resident status on or before the expiry of the authorized period."

What I do not understand is that I was given 90 days to apply for restoration status and I did apply within that time (and have a date stamped application from CIC) and hence the reson provided by the immigration officer doesn't make sence to me.

Also the letter doesn't mention what should be my next steps like if I have to leave Canada how many days I have or by what date etc and would this affect my EE FSW application towards Permanent Residence.

My medicals have been passed and eligibity check is in process.

Has anyone been through this?
What do I do?


Please help!!!

 

[FMCAD]

Hello everyone,

I got ITA under FSW in EE in March and submitted my application on April 21 2016(AOR).

My work permit was expiring 31 December 2015 and hence I had applied for an extension which got rejected on March 9th due to my EE application not had passed the R10 completeness check at the time.

From March 9th 2016 onward I had 90 days to restore my status and hence I applied for restoration status and visitor visa within Canada.

But I got a reply yesterday from CIC saying my TRV has been refused because

"Your status as a temporary resident has expired. You did not submit an application for extension of their temporary resident status on or before the expiry of the authorized period."

What I do not understand is that I was given 90 days to apply for restoration status and I did apply within that time (and have a date stamped application from CIC) and hence the reson provided by the immigration officer doesn't make sence to me.

Also the letter doesn't mention what should be my next steps like if I have to leave Canada how many days I have or by what date etc and would this affect my EE FSW application towards Permanent Residence.

My medicals have been passed and eligibity check is in process.

Has anyone been through this?
What do I do?


Please help!!!

Where you on implied status? Where you working from Jan 2016 till refusal? If so you have a chance to get a TRV, if you remained unemployed after the expiry of your VISA then it's difficult for you.
You played with fire.. Try an apply for a visitor visa Trv and restoration once more. If they reject again they will mention that you should right away leave the country, before leaving apply visitor +restorr

 

[RockCan]

Where you on implied status? Where you working from Jan 2016 till refusal? If so you have a chance to get a TRV, if you remained unemployed after the expiry of your VISA then it's difficult for you.
You played with fire.. Try an apply for a visitor visa Trv and restoration once more. If they reject again they will mention that you should right away leave the country, before leaving apply visitor +restorr

Actually he should have consulted before his inplied status, actually TBH no option is left other than visitor Visa, and I doubt that too...!!!

 

[dell2]

On the refusal letter they say date when 90 days start.
If 90 days are over,you're over staying.
did you apply for trv or visitor record?

 

[inderbirdeol]

Where you on implied status? Where you working from Jan 2016 till refusal? If so you have a chance to get a TRV, if you remained unemployed after the expiry of your VISA then it's difficult for you.
You played with fire.. Try an apply for a visitor visa Trv and restoration once more. If they reject again they will mention that you should right away leave the country, before leaving apply visitor +restorr

On the refusal letter they say date when 90 days start.
If 90 days are over,you're over staying.
did you apply for trv or visitor record?

Yes I was on implied status till from January 2016 till March 9th when my work permit extension got denied. From that point onward I stopped working and applied for restoration status and visitor visa within 90 days as mentioned in the letter received upon work permit extension refusal.

I received the TRV refusal letter on June 24 2016 but the reason for refusal says I didn't apply within the authorised perior but I applied within 90 days as mentioned by CIC.

Also the TRV letter doesn't say anything about what should I do now? Such as I have 30 days to leave the country or these are your next steps etc etc.

 

[karenv]

Did you apply in the last few days of 90 days? Did you application reach CIC before 90 days?

 

[FMCAD]

Yes I was on implied status till from January 2016 till March 9th when my work permit extension got denied. From that point onward I stopped working and applied for restoration status and visitor visa within 90 days as mentioned in the letter received upon work permit extension refusal.

I received the TRV refusal letter on June 24 2016 but the reason for refusal says I didn't apply within the authorised perior but I applied within 90 days as mentioned by CIC.

Also the TRV letter doesn't say anything about what should I do now? Such as I have 30 days to leave the country or these are your next steps etc etc.

Your initial Work Permit was expiring on Dec 31, 2015, that means you should have applied for a work permit extension on or before Dec 31,2015. IRCC will not give you extra 90days there

 

[dell2]

Your initial Work Permit was expiring on Dec 31, 2015, that means you should have applied for a work permit extension on or before Dec 31,2015. IRCC will not give you extra 90days there

Wrong, after expiry date we get 90 days to restore status. So Idk if OP applied within this period or not. If 90 days passed and he didn't apply he's out of status and must leave Canada.

 

[dell2]

Your initial Work Permit was expiring on Dec 31, 2015, that means you should have applied for a work permit extension on or before Dec 31,2015. IRCC will not give you extra 90days there

Wrong, after expiry date we get 90 days to restore status. So Idk if OP applied within this period or not. If 90 days passed and he didn't apply he's out of status and must leave Canada.

 

[dell2]

Your initial Work Permit was expiring on Dec 31, 2015, that means you should have applied for a work permit extension on or before Dec 31,2015. IRCC will not give you extra 90days there

Wrong, after expiry date we get 90 days to restore status regardless of any extension application.

 

[FMCAD]

Wrong, after expiry date we get 90 days to restore status regardless of any extension application.

Before expiration of Work Visa, it's your responsibility to apply on or before the date of expiry of your work permit, if applicant applied on or before the expiry date of Work Permit... and suppose for some reason his Application for either work visa extension gets rejected at that point he will have 90days to apply for restoration

 

[dell2]

Before expiration of Work Visa, it's your responsibility to apply on or before the date of expiry of your work permit, if applicant applied on or before the expiry date of Work Permit... and suppose for some reason his Application for either work visa extension gets rejected at that point he will have 90days to apply for restoration

It is not necessary to send application before or on expiry date. after expiry you will get 90 days to restore your status. if you apply extension after expiry of your permit, you will no longer be on implied status but you can restore your status. I've filed myself extension 10 days late after expiry of my WP and after 3 months (WP extension processing time), upon rejection i again got 90 days (their error) to restore my status as visitor.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[jes_ON]

Hello everyone,

I got ITA under FSW in EE in March and submitted my application on April 21 2016(AOR).

My work permit was expiring 31 December 2015 and hence I had applied for an extension which got rejected on March 9th due to my EE application not had passed the R10 completeness check at the time.

From March 9th 2016 onward I had 90 days to restore my status and hence I applied for restoration status and visitor visa within Canada.

But I got a reply yesterday from CIC saying my TRV has been refused because

"Your status as a temporary resident has expired. You did not submit an application for extension of their temporary resident status on or before the expiry of the authorized period."

What I do not understand is that I was given 90 days to apply for restoration status and I did apply within that time (and have a date stamped application from CIC) and hence the reson provided by the immigration officer doesn't make sence to me.

It would help if you included the dates that you submitted your BOWP application (extend) and your restore/change status application.

Assuming the BOWP application was submitted on or before 31 December 2015, the only other potential problems I can see are IF:

1) You did not pay the restoration fee ($200).
2) You submitted an application to extend status instead of an application to change status.

If you believe that CIC has made an error, I suggest calling CIC...

 

[Fateh89]

Hi there,
my situation was almost same. My work permit got expired when i had applied for BC PNP. Then, my immigration lawyer helped me to apply extension and i was on implied status at that time. I got refusal for that work permit but i didnt had anything that i can apply anymore extension. Then, i emailed BCPNP couple of times, explained my situation that i am out of status.Then, they processed my file and i received my PNP. On PNP basis, i applied for extension and went to border to get my new closed work permit.
Going to border is really risky. I better advise you to consult your immigration lawyer, if you have any. and then decide something. You still have 90 more days to do something to restore your status.

 

[RockCan]

Wrong, after expiry date we get 90 days to restore status. So Idk if OP applied within this period or not. If 90 days passed and he didn't apply he's out of status and must leave Canada.

Wrong, you should apply extension of WP on or the last day of you wp, the time they will take to approve or decline yoir application called as implied status, the day when you get your refusal from IRCC, your 90 days of restoration period starts from there...!!!