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

dell2

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Feb 3, 2011
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Calgary, Alberta.
RockCan said:
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...!!!
We are not talking about implied status here, question was time period for restoration of status. Whether you apply for extension of status or not, you will get 90 days to restore your status after expiry of your WP or student visa.

To get implied status, you need to apply for extension before expiry date of your WP.
 

FMCAD

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Jun 8, 2015
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RockCan said:
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...!!!
Agree with you! You are correct
..some dumb people don't understand simple logic and argue and mislead people, such dumb people should be banned on this forum. Everything is clearly mentioned on IRCC website but they can't read and understand properly, they just want to argue and prove themselves right.
 

FMCAD

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dell2 said:
We are not talking about implied status here, question was time period for restoration of status. Whether you apply for extension of status or not, you will get 90 days to restore your status after expiry of your WP or student visa.

To get implied status, you need to apply for extension before expiry date of your WP.
IRCC will not give you 90days after expiry of your Work Permit to restore your status, it is your responsibility to apply to extend your work permit or apply a visitor or study visa in order to be eligible on a implied status, if that visa is refused then you get 90days to restore your status from the date of expiry of your work permit till the refusal date.
 

dell2

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Feb 3, 2011
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Calgary, Alberta.
FMCAD said:
IRCC will not give you 90days after expiry of your Work Permit to restore your status, it is your responsibility to apply to extend your work permit or apply a visitor or study visa in order to be eligible on a implied status, if that visa is refused then you get 90days to restore your status from the date of expiry of your work permit till the refusal date.
Before you call yourself DUMB again and want to ban yourself. Let me explain, I was in the same situation that's why i know this, after expiry of my WP i restored status as WP extension and got rejected after 3 months (At no point I'm trying to get IMPLIED Status), then i restored my status as Visitor. Maybe people who are writing this know their stuff before you label them ?
We are talking about restoration of status

To get implied Status, you definitely need to apply before expiry status of your permit.

Here read this again and drink some Kool-aid

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

Eligibility requirements for restoration of status
Applicant requirements

apply within 90 days of having lost their status; and
meet the initial requirements for their stay; and
have not failed to comply with any other condition (such as working without being authorized to do so, etc); and
meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
Have lost their status because they have failed to comply with any of the following conditions
Subsection R185(a)
The period authorized for their stay
Subsection R185(b)(i) to (iii)
The work they are permitted or prohibited from engaging in, in Canada, including the:
type of work;
employer; and
location of work.
Subsection R185(c)
The studies they are permitted or prohibited from engaging in, in Canada, including the:
type of studies or course;
educational institution;
location of studies; and
times and periods of the studies.
 

FMCAD

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dell2 said:
Before you call yourself DUMB again and want to ban yourself. Let me explain, I was in the same situation that's why i know this, after expiry of my WP i restored status as WP extension and got rejected after 3 months (At no point I'm trying to get IMPLIED Status), then i restored my status as Visitor. Maybe people who are writing this know their stuff before you label them ?
We are talking about restoration of status

To get implied Status, you definitely need to apply before expiry status of your permit.

Here read this again and drink some Kool-aid

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

Eligibility requirements for restoration of status
Applicant requirements

apply within 90 days of having lost their status; and
meet the initial requirements for their stay; and
have not failed to comply with any other condition (such as working without being authorized to do so, etc); and
meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
Have lost their status because they have failed to comply with any of the following conditions
Subsection R185(a)
The period authorized for their stay
Subsection R185(b)(i) to (iii)
The work they are permitted or prohibited from engaging in, in Canada, including the:
type of work;
employer; and
location of work.
Subsection R185(c)
The studies they are permitted or prohibited from engaging in, in Canada, including the:
type of studies or course;
educational institution;
location of studies; and
times and periods of the studies.
That's incorrect, I disagree! -1 to you
 

dell2

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Feb 3, 2011
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Calgary, Alberta.
Haha Ok. Then, correct me, show me where does it say that one have to apply for extension before or on expiry of their permit to restore status ? The whole purpose of restoration of status is if you lose your status for any reason, you get 90 days to restore regardless of extension application before expiration. If you apply before expiry it will be implied status not Restoration.

Trust me I'm all about helping everyone . I don't want to give out any wrong information if i am not sure about it.
 

jes_ON

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inderbirdeol said:
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.
Just checked to see the most recent rules on implied status -

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

Extensions
- If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).

- If the extension is refused, the applicant is considered in status until the day the decision is made on their application.

- If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.


This does not sound good for people who apply for BOWPs without the AOR... According to these new(ish) rules, if you have an incomplete application (which likely applies to you, since you applied for the BOWP without an AOR), your status expired along with the original work permit, and your 90 days for restoration started on January 1, not March 9... so when did you apply for restoration?
 

RockCan

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dell2 said:
Haha Ok. Then, correct me, show me where does it say that one have to apply for extension before or on expiry of their permit to restore status ? The whole purpose of restoration of status is if you lose your status for any reason, you get 90 days to restore regardless of extension application before expiration. If you apply before expiry it will be implied status not Restoration.

Trust me I'm all about helping everyone . I don't want to give out any wrong information if i am not sure about it.
lets say WP expiring on 31st Dec, you can apply for WP extension on or before 31st december, they will take around 90-120 days to get back to you with their decision (refusal or approval). The time between your application date for WP extension to Refusal of WP extension called as an Implied status. In this period you can kegally work on your SIN, plus if you want you can claim points for your work experience gained during this period.

Your restoration period starts from the day of your refusal, lets say 31st March. so you will have time to restore your status as a visitor within next 90 days, means upto June 30...!!!
 

dell2

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Feb 3, 2011
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Calgary, Alberta.
RockCan said:
lets say WP expiring on 31st Dec, you can apply for WP extension on or before 31st december, they will take around 90-120 days to get back to you with their decision (refusal or approval). The time between your application date for WP extension to Refusal of WP extension called as an Implied status. In this period you can kegally work on your SIN, plus if you want you can claim points for your work experience gained during this period.

Your restoration period starts from the day of your refusal, lets say 31st March. so you will have time to restore your status as a visitor within next 90 days, means upto June 30...!!!
Lets say Scenario 2.
I am not applying for implied status. Just trying to restore status.

WP expired 31st Dec. Did not apply for extension on or before WP expiry date. Now my restoration period is 90 days from 31 Dec. I have an option to restore my status as visitor, student or worker within these 90 days. If i get it great, if not i must leave Canada by date mentioned on the refusal letter.
 

FMCAD

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Jun 8, 2015
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dell2 said:
Lets say Scenario 2.
I am not applying for implied status. Just trying to restore status.

WP expired 31st Dec. Did not apply for extension on or before WP expiry date. Now my restoration period is 90 days from 31 Dec. I have an option to restore my status as visitor, student or worker within these 90 days. If i get it great, if not i must leave Canada by date mentioned on the refusal letter.
It will be a straight REJECTION with the reason -

"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."
 

dell2

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Feb 3, 2011
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Calgary, Alberta.
FMCAD said:
It will be a straight REJECTION with the reason -

"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."
Nope, i am telling you that's how i applied for work permit Ext(refused) then visitors (approved).
How about we ask Asivad ? or other senior?
 

SandhuHarry

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Jan 13, 2016
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dell2 said:
Nope, i am telling you that's how i applied for work permit Ext(refused) then visitors (approved).
How about we ask Asivad ? or other senior?
Hi Dell, how long is the restoration process ? My friend applied through paper application for study permit on 12Feb 2016, after her work permit extension got refused in Nov. She didn't hear anything back from cic.
 

dell2

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Feb 3, 2011
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Calgary, Alberta.
SandhuHarry said:
Hi Dell, how long is the restoration process ? My friend applied through paper application for study permit on 12Feb 2016, after her work permit extension got refused in Nov. She didn't hear anything back from cic.
Restoration period is 90 days from expiry of your temporary status. Usually it's written on the refusal letter, the one you get from CIC. They calculate and write the exact date.
 

FMCAD

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dell2 said:
Nope, i am telling you that's how i applied for work permit Ext(refused) then visitors (approved).
How about we ask Asivad ? or other senior?
You are saying your Work permit (ext) was refused and hence you got 90days restoration in which you applied visitor and restoration toghther which is correct. We were debating on the fact that after expiry of your original work permit IRCC will not give you 90days
 

SandhuHarry

Star Member
Jan 13, 2016
196
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dell2 said:
Restoration period is 90 days from expiry of your temporary status. Usually it's written on the refusal letter, the one you get from CIC. They calculate and write the exact date.

I mean what's the processing time for restoration? How long they took to approve your Visitor Visa. Did you apply online?