Help - Work permit extension (restoration of status refused)

[Loudnoises]

Hello,

I applied for my Work Permit Extension on paper in April. I had my application sent back to me in late July because I missed a signature including rejection letter. I spoke with an agent on the phone and said the 90 day restoration of status application is based on the REFUSAL LETTER DATE and not the ORIGINAL date application (I also have this Agents name and agent number).

The cover letter I included in my application explained this situation, it reads:
"- Please find enclosed copy of the letter rejection dated July 24th, 2018 for my work permit application received April 10, 2018. The application was rejected as incomplete due to missing signature. "
The rejection letter with date was included and cover letters were in this application explaining the situation.

This morning I received this.

[X] An application for restoration must be made within 90 days after loss of temporary resident status. You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada your application for a Work Permit is also refused.

Timeline:
Sent work permit extension April 10th
Rejection letter for missing information dated July 24th, received July 27th.
Work Permit Extension - Restoration of Status application sent August 2nd.
Refusal Letter: October 17th

I strongly believe this is wrong as I applied for a restoration of status within the 90-day period of the refusal (literally 4 days after I received the letter). They keep insisting that it's based on my original expire date but that is untrue.

Any help would be greatly appreciated, I'm so disappointed.

 

[Wonderland_1010]

Hello,

I applied for my Work Permit Extension on paper in April. I had my application sent back to me in late July because I missed a signature including rejection letter. I spoke with an agent on the phone and said the 90 day restoration of status application is based on the REFUSAL LETTER DATE and not the ORIGINAL date application (I also have this Agents name and agent number).

The cover letter I included in my application explained this situation, it reads:
"- Please find enclosed copy of the letter rejection dated July 24th, 2018 for my work permit application received April 10, 2018. The application was rejected as incomplete due to missing signature. "
The rejection letter with date was included and cover letters were in this application explaining the situation.

This morning I received this.

[X] An application for restoration must be made within 90 days after loss of temporary resident status. You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada your application for a Work Permit is also refused.

Timeline:
Sent work permit extension April 10th
Rejection letter for missing information dated July 24th, received July 27th.
Work Permit Extension - Restoration of Status application sent August 2nd.
Refusal Letter: October 17th

I strongly believe this is wrong as I applied for a restoration of status within the 90-day period of the refusal (literally 4 days after I received the letter). They keep insisting that it's based on my original expire date but that is untrue.

Any help would be greatly appreciated, I'm so disappointed.

When did your work permit expire?

 

[Loudnoises]

When did your work permit expire?

Apologies for not including that information.

Work permit expired on April 27th.

Sent work permit extension on PAPER April 10th (before expiry)

Rejection letter received for missing information dated July 24th, received July 27th. Application was returned to me and had loss of status. This would be the date of my work permit "expired" because that's when my implied status ends, as I was told by CIC. That's the date that the 90 day restoration window starts. I included a cover letter explaining this.

Work Permit Extension AND Restoration of Status application sent August 2nd.

Refusal Letter: October 17th

 

[Wonderland_1010]

Apologies for not including that information.

Work permit expired on April 27th.

Sent work permit extension on PAPER April 10th (before expiry)

Rejection letter received for missing information dated July 24th, received July 27th. Application was returned to me and had loss of status. This would be the date of my work permit "expired" because that's when my implied status ends, as I was told by CIC. That's the date that the 90 day restoration window starts. I included a cover letter explaining this.

Work Permit Extension AND Restoration of Status application sent August 2nd.

Refusal Letter: October 17th

IRCC probably received your work permit extension application in the mail after April 27th. You should post the previous refusal letter where it states you are under restoration.

Also for future purposes, its alot easier and simple for you to submit a online application instead of mailing it.

 

[Loudnoises]

IRCC probably received your work permit extension application in the mail after April 27th. You should post the previous refusal letter where it states you are under restoration.

Also for future purposes, its alot easier and simple for you to submit a online application instead of mailing it.

Thanks for responding.

I sent out the paper application with 1/2 day express shipping so they should have gotten it immediately.

Rejection letter says:

[X] You did not complete all of the required fields on your application

We cannot take any action in your case until such time as you resubmit your entire application with a copy of this letter and the following items:

[X] You must sign your application form.

[X] We also wish to advise you that your temporary resident status expired on April 27th, 2018

You may apply for restoration, within 90 days of expiry of your temporary resident status must submit: etc etc etc (the same copy paste that they use)

Its not possible for me to have applied within the original 90 days because it took longer than 90 days for the application to get sent back to me (105 days). IRCC agent told me its the date of the rejection: July 24th.

 

[Wonderland_1010]

Thanks for responding.

I sent out the paper application with 1/2 day express shipping so they should have gotten it immediately.

Rejection letter says:

[X] You did not complete all of the required fields on your application

We cannot take any action in your case until such time as you resubmit your entire application with a copy of this letter and the following items:

[X] You must sign your application form.

[X] We also wish to advise you that your temporary resident status expired on April 27th, 2018

You may apply for restoration, within 90 days of expiry of your temporary resident status must submit: etc etc etc (the same copy paste that they use)

Its not possible for me to have applied within the original 90 days because it took longer than 90 days for the application to get sent back to me (105 days). IRCC agent told me its the date of the rejection: July 24th.

Does it states on your letter the date of refusal?

 

[Loudnoises]

Does it states on your letter the date of refusal?

October 17th

This letter refers to your application for a Work Permit. Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.

[X] An application for restoration must be made within 90 days after loss of temporary resident status. You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada your application for a Work Permit is also refused.

[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you

 

[canuck_in_uk]

Thanks for responding.

I sent out the paper application with 1/2 day express shipping so they should have gotten it immediately.

Rejection letter says:

[X] You did not complete all of the required fields on your application

We cannot take any action in your case until such time as you resubmit your entire application with a copy of this letter and the following items:

[X] You must sign your application form.

[X] We also wish to advise you that your temporary resident status expired on April 27th, 2018

You may apply for restoration, within 90 days of expiry of your temporary resident status must submit: etc etc etc (the same copy paste that they use)

Its not possible for me to have applied within the original 90 days because it took longer than 90 days for the application to get sent back to me (105 days). IRCC agent told me its the date of the rejection: July 24th.

The refusal is correct. You submitted an incomplete application and it was rejected as such. That meant that you were out of status as of April 27th, as clearly stated in the refusal letter. You have no option to legalize your stay from within Canada. You need to leave.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

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

 

[Wonderland_1010]

My conclusion is the same with @canuck_in_uk. You were technically out of status after April 27th due to the missing signature which IRCC had viewed it as incomplete application so your actual date of restoration would start from April 27th. IRCC has strict regulations against applicants who submit incomplete applications to buy time in Canada. Unfortunately your mistake is a big problem for you now.

You would be okay if the letter had stated your temporarily status had expired in July 24th but as the letter had stated your temporarily status had expired from April 27th. So you had 90 days to restore from April 27th but its too late now.

 

[zardoz]

Agreed. An "incomplete" application is treated as if it had never existed.

 

[Loudnoises]

I think you both are correct.

I spoke with an agent today to ask more information about this. He said that the dates overlapping are correct and sent out a letter of reconsideration. They gave me 0 days to apply for restoration of status. I know I'm probably out of luck for this, but I'm just going to consult with an immigration lawyer and see what they have to say about it. An Agent said that they wouldn't mention the option of restoration of status on the application if you had no chance to restore, but it's because I received the rejection application too late. Rejection letter received for missing information dated July 24th, received July 27th. That's over 90 days from expiry.

In the meantime, I'll pack my boxes.
Thanks for the help.

 

[zardoz]

I think you both are correct.

I spoke with an agent today to ask more information about this. He said that the dates overlapping are correct and sent out a letter of reconsideration. They gave me 0 days to apply for restoration of status. I know I'm probably out of luck for this, but I'm just going to consult with an immigration lawyer and see what they have to say about it. An Agent said that they wouldn't mention the option of restoration of status on the application if you had no chance to restore, but it's because I received the rejection application too late. Rejection letter received for missing information dated July 24th, received July 27th. That's over 90 days from expiry.

In the meantime, I'll pack my boxes.
Thanks for the help.

Treat ANY information from the IRCC call centre with a degree of caution/scepticism. They are not known for dispensing accurate, case specific, advice or information.

 

[scylla]

Hello,

I applied for my Work Permit Extension on paper in April. I had my application sent back to me in late July because I missed a signature including rejection letter. I spoke with an agent on the phone and said the 90 day restoration of status application is based on the REFUSAL LETTER DATE and not the ORIGINAL date application (I also have this Agents name and agent number).

The cover letter I included in my application explained this situation, it reads:
"- Please find enclosed copy of the letter rejection dated July 24th, 2018 for my work permit application received April 10, 2018. The application was rejected as incomplete due to missing signature. "
The rejection letter with date was included and cover letters were in this application explaining the situation.

This morning I received this.

[X] An application for restoration must be made within 90 days after loss of temporary resident status. You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada your application for a Work Permit is also refused.

Timeline:
Sent work permit extension April 10th
Rejection letter for missing information dated July 24th, received July 27th.
Work Permit Extension - Restoration of Status application sent August 2nd.
Refusal Letter: October 17th

I strongly believe this is wrong as I applied for a restoration of status within the 90-day period of the refusal (literally 4 days after I received the letter). They keep insisting that it's based on my original expire date but that is untrue.

Any help would be greatly appreciated, I'm so disappointed.

The rule is within 90 days if the application is refused. Your application was returned as incomplete due to a missing signature (this is different than a complete application being refused). This means the 90 day countdown started the day your original work permit expired.

Agreed IRCC call centre agents don't have a good grasp of the rules. So unfortunately anything they may have told you cannot be relied upon.

Based on the information you have provided, IRCC is unfortunately correct. You applied outside of the 90 days and were no longer eligible to restore your status.

There's no harm asking for reconsideration. There's always some chance they may bend/break the rules. Good luck.

 

[canuck_in_uk]

I think you both are correct.

I spoke with an agent today to ask more information about this. He said that the dates overlapping are correct and sent out a letter of reconsideration. They gave me 0 days to apply for restoration of status. I know I'm probably out of luck for this, but I'm just going to consult with an immigration lawyer and see what they have to say about it. An Agent said that they wouldn't mention the option of restoration of status on the application if you had no chance to restore, but it's because I received the rejection application too late. Rejection letter received for missing information dated July 24th, received July 27th. That's over 90 days from expiry.

In the meantime, I'll pack my boxes.
Thanks for the help.

It's a form letter with standard wording. It does not mean that you qualified for Restoration. As the others have said, don't rely on information from the Call Centre.

 

[Kshitij10]

IRCC probably received your work permit extension application in the mail after April 27th. You should post the previous refusal letter where it states you are under restoration.

Also for future purposes, its alot easier and simple for you to submit a online application instead of mailing it.

Could anyone tell me the difference between work permit extension refueed an