IEC Approved, Extension Refused, PR Sent Back Unprocessed

[inkedwith3stars]

As with most cases on this forum, I'm facing quite a dilemma and it's an extremely long and intricate story. Not to bore with details, but I've been dating a Canadian girl since 2011. Flying back and forth between Ireland and Canada for years and I finally got my IEC 2 year Working Holiday visa on August 26 2015. After moving to Canada, and moving in with my girlfriend, I quickly established myself in my job and stayed with the company - moving up to manager level - for a year and a half. For the last half a year of my working holiday visa being valid, I tried to get Express Entry, followed by ONIP - both ending in disappointment as the company headquarters refused to help. It ultimately led me to ask my girlfriend to sponsor me - something I was not completely in love with because of the potential financial burden it could cause her. Because this was a very last-minute decision, I only had a month to gather all the necessary Inland Spousal (Common Law) Sponsorship (with an Initial Open Work Permit Application) and send it off. To "buy" time, I also applied to extend my Working Holiday, resulting in quick refusal as IEC visas cannot be extended. Two months later, with just less than a month left the "90 day to restore status" calendar, I received the PR application back unprocessed as it was missing one page. I now have to send back the application, but I will be completely illegal by the time it even gets to the point when they start to look over it again.

I have two questions regarding my case, which, after hours of searching through these forums, I could find no answer to.

1. When going from my IEC Working Holiday to applying for my PR - after having lost my status - am I applying for an initial Open Work Permit to accompany my PR, or am I applying for Status Restoration as a Worker or as a Visitor? Or is it possible to select several? When paying for my fees, I selected both just so it's on file that I have both paid for and not to cause delays in processing.

2. When I re-submit my application, is there any way for me to gain legal status (even if it is in the form of a visitor) for a few months so I could continue to live in the country without going to sleep at night wondering when the police are going to break in to my home and ship me back to the motherland? Also, I've read on other posts that people have been refused PR (even at a late stage in the application) because they were discovered to have been living illegally in the country. I feel like flag-polling is an option, but I don't know how they view things like "implied status" and the grey area 90-day thing to allow people to restore their status.

Any and all help on this issue would be massively appreciated. I would also love to document my process and try to give those in a similar situation some insight and guidance on how to deal with this predicament if they encounter it!

Kindest regards,
Dam

 

[WeegieInOttawa]

Welcome Dam! You are definitely in the right place if you are confused by immigration protocol and practises. We are a super helpful bunch here and i would most certainly be up the creek without a paddle if i wasn't on this forum!

I may not have had enough coffee yet so sorry if its obvious from your post but right now.. What stage are you at? You are out of status yes? When is your 90 days "up"? Maybe you could post a bullet point timeline as from your post its a little confusing (to me at least )

You are in Canada and plan to apply inland?

Dont panic.. Just because you are out of status does not mean that you cant successfully submit and be granted PR.. You just have a few hurdles to jump!

 

[inkedwith3stars]

Welcome Dam! You are definitely in the right place if you are confused by immigration protocol and practises. We are a super helpful bunch here and i would most certainly be up the creek without a paddle if i wasn't on this forum!

I may not have had enough coffee yet so sorry if its obvious from your post but right now.. What stage are you at? You are out of status yes? When is your 90 days "up"? Maybe you could post a bullet point timeline as from your post its a little confusing (to me at least )

You are in Canada and plan to apply inland?

Dont panic.. Just because you are out of status does not mean that you cant successfully submit and be granted PR.. You just have a few hurdles to jump!

Hey! Thanks so much for the response.

Currently, I am in the "90 day stage". That will be up on January 16th. Because the Spousal Sponsorship Application (with the Work Permit application included) was sent back, I'm literally right back at square one.

• August 26, 2015 - Arrived in Canada on 2 year IEC Working Holiday
• October 1, 2015 - Began renting a house with Canadian girlfriend
• March 4, 2016 - Began working at company [previously had other warehouse jobs, but without growth]
• May 9, 2016 - Promoted to management
• October 1, 2016 - Renewed house for another year - Technically became Common Law
• April 2017 - Went to Company to ask for LMIA or Sponsorship - told it would be forwarded to Head Office
• May 2017 - Entered Express Entry with a low score but did not get invited to apply
• June 2017 - Told that Head Office would not sponsor me or approve LMIA
• July 2017 - Applied for an extension on my Working Holiday Visa
• July 2017 - Extended house renewal for 6 months
• Beginning of August 2017 - Agreed to Spousal Sponsorship with girlfriend and began compiling all of the necessary documentation
• October 16, 2017 - Work permit application was refused and was told to restore status within 90 days of this date
• October 17, 2017 - Fired from company, but told my job was going to be held vacant until January 1st allowing me time to figure my stuff out.
• October 26, 2017 - Canada Post inform me Mississauga office received my Spousal Sponsorship (and Restore Worker status/Open Work Permit) application
• December 20, 2017 - After still no update from CIC, company said they would wait until March before filling the vacant role.
• December 22, 2017 - Application had been returned without being processed as the girlfriend was missing most recent Notice of Assessment (which must include line 150); or Proof of Income Statement (Option C). Package was sent by CIC on December 18.

So, my biggest dilemma is if it is okay to stay in the country for another 2-3 months while my process slowly climbs its way to the top of the mountain of applications that need to be processed.

Another issue I'm unsure about is whether I'm restoring my status as a worker along with my Sponsorship application, or whether I should have a separate application to restore my worker status [which I could do online], and then have my Sponsorship application and an Initial Open Work Permit application attached to the Sponsorship application? The only thing about this is that I'm unsure if I can restore my status given I was on an IEC Working Holiday visa before, so it cannot be restored under the same circumstances. Unless it is possible to restore my "status" as a worker, but under a brand new Open Work Permit, then I don't see how I can restore my status.

 

[canuck_in_uk]

Hey! Thanks so much for the response.

Currently, I am in the "90 day stage". That will be up on January 16th. Because the Spousal Sponsorship Application (with the Work Permit application included) was sent back, I'm literally right back at square one.

• August 26, 2015 - Arrived in Canada on 2 year IEC Working Holiday
• October 1, 2015 - Began renting a house with Canadian girlfriend
• March 4, 2016 - Began working at company [previously had other warehouse jobs, but without growth]
• May 9, 2016 - Promoted to management
• October 1, 2016 - Renewed house for another year - Technically became Common Law
• April 2017 - Went to Company to ask for LMIA or Sponsorship - told it would be forwarded to Head Office
• May 2017 - Entered Express Entry with a low score but did not get invited to apply
• June 2017 - Told that Head Office would not sponsor me or approve LMIA
• July 2017 - Applied for an extension on my Working Holiday Visa
• July 2017 - Extended house renewal for 6 months
• Beginning of August 2017 - Agreed to Spousal Sponsorship with girlfriend and began compiling all of the necessary documentation
• October 16, 2017 - Work permit application was refused and was told to restore status within 90 days of this date
• October 17, 2017 - Fired from company, but told my job was going to be held vacant until January 1st allowing me time to figure my stuff out.
• October 26, 2017 - Canada Post inform me Mississauga office received my Spousal Sponsorship (and Restore Worker status/Open Work Permit) application
• December 20, 2017 - After still no update from CIC, company said they would wait until March before filling the vacant role.
• December 22, 2017 - Application had been returned without being processed as the girlfriend was missing most recent Notice of Assessment (which must include line 150); or Proof of Income Statement (Option C). Package was sent by CIC on December 18.

So, my biggest dilemma is if it is okay to stay in the country for another 2-3 months while my process slowly climbs its way to the top of the mountain of applications that need to be processed.

Another issue I'm unsure about is whether I'm restoring my status as a worker along with my Sponsorship application, or whether I should have a separate application to restore my worker status [which I could do online], and then have my Sponsorship application and an Initial Open Work Permit application attached to the Sponsorship application? The only thing about this is that I'm unsure if I can restore my status given I was on an IEC Working Holiday visa before, so it cannot be restored under the same circumstances. Unless it is possible to restore my "status" as a worker, but under a brand new Open Work Permit, then I don't see how I can restore my status.

You probably don't want to hear it but your key mistake was applying for a work permit extension you didn't qualify for instead of applying to change your status to visitor prior to your IEC permit expiring. You should also note that all work done after your IEC permit expired in August was illegal, as you did not have Implied Status as a worker.

The 90 day Restoration period is not some form of quasi legal status. A person is either illegal or they aren't, regardless of how long it has been since their status expired. To make sure, the refusal letter you received in October specifically stated that the 90 day Restoration period started from the date of the letter?

There is no point in applying for Restoration as a worker separate from the PR app, as you don't qualify for a work permit under any other grounds; it will just be refused. You can apply separately for Restoration as a visitor.

 

[inkedwith3stars]

You probably don't want to hear it but your key mistake was applying for a work permit extension you didn't qualify for instead of applying to change your status to visitor prior to your IEC permit expiring. You should also note that all work done after your IEC permit expired in August was illegal, as you did not have Implied Status as a worker.

The 90 day Restoration period is not some form of quasi legal status. A person is either illegal or they aren't, regardless of how long it has been since their status expired. To make sure, the refusal letter you received in October specifically stated that the 90 day Restoration period started from the date of the letter?

There is no point in applying for Restoration as a worker separate from the PR app, as you don't qualify for a work permit under any other grounds; it will just be refused. You can apply separately for Restoration as a visitor.

Yeah, after reading certain threads in this forum, I did find out that all work done after my initial visa expired was illegal - regardless of whether I'm on "implied status".

Yes, my refusal letter said I have 90 days from when I received the letter to restore my status. To be brutally honest, I'm not massively bothered about working or not working. I'm very fortunate that I have a very stable financial situation, so going back to work, or getting a work permit is not of the utmost priority. I'm more concerned with being legally allowed to stay/live in the country for the duration of the process of the application of the Spousal Sponsorship. Obviously, it would be a bonus to get working, hence why I had applied for an Open Work Permit.

So essentially, in your opinion, the best option would be to apply to restore my status as a visitor, and write a cover letter explaining my situation. And then separately re-submit my Spousal Sponsorship application with a brand new open work permit application with a letter explaining that I've already applied to restore my status as a visitor?

 

[canuck_in_uk]

Yeah, after reading certain threads in this forum, I did find out that all work done after my initial visa expired was illegal - regardless of whether I'm on "implied status".

Yes, my refusal letter said I have 90 days from when I received the letter to restore my status. To be brutally honest, I'm not massively bothered about working or not working. I'm very fortunate that I have a very stable financial situation, so going back to work, or getting a work permit is not of the utmost priority. I'm more concerned with being legally allowed to stay/live in the country for the duration of the process of the application of the Spousal Sponsorship. Obviously, it would be a bonus to get working, hence why I had applied for an Open Work Permit.

So essentially, in your opinion, the best option would be to apply to restore my status as a visitor, and write a cover letter explaining my situation. And then separately re-submit my Spousal Sponsorship application with a brand new open work permit application with a letter explaining that I've already applied to restore my status as a visitor?

Applying for Restoration as a visitor is an option but I would say your best bet is to just apply for Restoration as a worker with the inland PR app. While waiting on a decision on the Restoration app, you are allowed to stay in Canada, albeit still without legal status.

 

[WeegieInOttawa]

Applying for Restoration as a visitor is an option but I would say your best bet is to just apply for Restoration as a worker with the inland PR app. While waiting on a decision on the Restoration app, you are allowed to stay in Canada, albeit still without legal status.

@canuck_in_uk I'm not questioning your knowledge here..im questioning out of general wonderment so I understand.. (If that makes sense!)

How is it that the OP can apply for ROS as a worker if his last "working status" was an IEC, which can't be extended?

Edited after a lightbulb moment thought: do you mean he would apply for the ROS with the OWP included with the sponsorship app and then they could just give him the OWP as the restoration?

 

[canuck_in_uk]

@canuck_in_uk I'm not questioning your knowledge here..im questioning out of general wonderment so I understand.. (If that makes sense!)

How is it that the OP can apply for ROS as a worker if his last "working status" was an IEC, which can't be extended?

A person isn't required to apply to restore their status to the same status that they previously held. He's applying for Restoration based on the status that he will qualify for, in this case as a worker based on the inland OWP app.

 

[WeegieInOttawa]

A person isn't required to apply to restore their status to the same status that they previously held. He's applying for Restoration based on the status that he will qualify for, in this case as a worker based on the inland OWP app.

Aaaaaaah gotcha! That's what my brain caught up to after I hit post! I didn't really know that..

Everyday's a school day!

 

[inkedwith3stars]

A person isn't required to apply to restore their status to the same status that they previously held. He's applying for Restoration based on the status that he will qualify for, in this case as a worker based on the inland OWP app.

Just to clarify - "restoration of status" literally just means that I'd be restoring my status back to "worker" but not under the same conditions as my initial IEC Working Holiday work permit? So I can restore my status as a worker, AND apply for an initial work permit or a work permit with a new employer?

Without sounding petty or like a spoilt kid, I feel quite hard done by when I initially got my work permit refused considering I had sent a PR (with OWP) application and thought I would have been given a new (bridging) open work permit - rather than an extension on my current IEC permit - which couldn't be extended. I have read that bridging open work permits are not eligible for Spousal Sponsorships, but I still think that there is a flaw of some sort if I am currently legally working in the country, and have applied for PR with an OWP which I know I will not get until after my current one has expired, and end up getting refused some kind of legal working status to tide me over between the IEC Working Holiday that I was on at the time and the OWP I would have been assumed to have got a few months after my IEC had expired?

 

[WeegieInOttawa]

Just to clarify - "restoration of status" literally just means that I'd be restoring my status back to "worker" but not under the same conditions as my initial IEC Working Holiday work permit? So I can restore my status as a worker, AND apply for an initial work permit or a work permit with a new employer?

Without sounding petty or like a spoilt kid, I feel quite hard done by when I initially got my work permit refused considering I had sent a PR (with OWP) application and thought I would have been given a new (bridging) open work permit - rather than an extension on my current IEC permit - which couldn't be extended. I have read that bridging open work permits are not eligible for Spousal Sponsorships, but I still think that there is a flaw of some sort if I am currently legally working in the country, and have applied for PR with an OWP which I know I will not get until after my current one has expired, and end up getting refused some kind of legal working status to tide me over between the IEC Working Holiday that I was on at the time and the OWP I would have been assumed to have got a few months after my IEC had expired?

Unfortunately feeling hard done by is a common feeling that people dealing with immigration experience and agree with but the way it is is the way it is for now.

The IEC is a bit of a black sheep in that it can't be extended and and once its done its done. It is clearly stated on the website and documented elsewhere so really if someone doesn't plan ahead and make sure they have their timings and applications all lined up, they are going to hit a bit of a bump. I know its not always possible to line everything up so that you're not out of status/without work permit etc but the process is there.

Since i started dealing with the various processes years ago, CIC have made many changes for the better and we can all only hope that these improvements and smarter ways of working continue.

Until, we are having to deal with it the way it is. But there's a bunch of us who are here and happy to help!

 

[canuck_in_uk]

Just to clarify - "restoration of status" literally just means that I'd be restoring my status back to "worker" but not under the same conditions as my initial IEC Working Holiday work permit? So I can restore my status as a worker, AND apply for an initial work permit or a work permit with a new employer?

Without sounding petty or like a spoilt kid, I feel quite hard done by when I initially got my work permit refused considering I had sent a PR (with OWP) application and thought I would have been given a new (bridging) open work permit - rather than an extension on my current IEC permit - which couldn't be extended. I have read that bridging open work permits are not eligible for Spousal Sponsorships, but I still think that there is a flaw of some sort if I am currently legally working in the country, and have applied for PR with an OWP which I know I will not get until after my current one has expired, and end up getting refused some kind of legal working status to tide me over between the IEC Working Holiday that I was on at the time and the OWP I would have been assumed to have got a few months after my IEC had expired?

Yes, that's what you can do.

Well, the reality is that you attempted to circumvent the system to continue working when you didn't actually qualify for a work permit extension. You are very lucky that IRCC refused your application. They could have rejected your application as incomplete instead, which would have left you out of status as of your IEC expiry in August; you would have found yourself in the position of being out of status and unable to even apply for Restoration right now. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

There is no flaw. The inland OWP is essentially the equivalent of the BOWP. You qualified for common-law sponsorship in 2016 but made the personal choice not to apply at that time. You waited until pretty much the last possible moment, submitted an incomplete extension app and submitted an incomplete PR app; you can't blame IRCC for any of that. Had you applied in 2016 or early 2017, you would not find yourself in the position you are now in.

 

[inkedwith3stars]

Yes, that's what you can do.

Well, the reality is that you attempted to circumvent the system to continue working when you didn't actually qualify for a work permit extension. You are very lucky that IRCC refused your application. They could have rejected your application as incomplete instead, which would have left you out of status as of your IEC expiry in August; you would have found yourself in the position of being out of status and unable to even apply for Restoration right now. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

There is no flaw. The inland OWP is essentially the equivalent of the BOWP. You qualified for common-law sponsorship in 2016 but made the personal choice not to apply at that time. You waited until pretty much the last possible moment, submitted an incomplete extension app and submitted an incomplete PR app; you can't blame IRCC for any of that. Had you applied in 2016 or early 2017, you would not find yourself in the position you are now in.

I completely understand that by waiting so long I shot myself in the foot. There are reasons as to why I left it so late, but it's pretty long winded and off-topic.

The more that I've thought about this issue, the more I'm wondering how I had filled out my forms when "extending" my stay while I was legally working and while my IEC was still valid. I found my cover letter explaining why I was applying for a brand new open work permit. I have, until now, assumed that I applied to EXTEND my IEC. But when I look back, I remember explicitly telling everyone around me that I was applying for a bridging visa as I'd already submitted my Permanent Residence application. In theory, if I had selected to apply for a brand new open work permit [basically a BOWP] at that stage - while my PR application was being sent off (in it, with another OWP - the one I understood would mark the end of the "BOWP" I had applied for previously) - should I not have been granted that initial BOWP that I had applied for? I actually make clear in my cover letter that I just needed the open work permit to cover the time between when my IEC expires and when my Open Work Permit is processed to allow me to work while my PR application is being processed.

I read on a different thread that they have occasionally granted an OWP/BOWP if your PR application has been sent, but hasn't begun to be processed. If this is the case, and if I did initially apply for a brand new OWP, is there a potential that I may have been wrongly refused the BOWP on October 16?

The reason this is being discovered now is because after my IEC expired and my refusal letter came in, I was too busy trying to figure how this would alter my life plans and so I didn't think to go back and check exactly what application I had sent in, and just took the refusal letter at face value. And because they wrote "extended" - I just assumed that I had applied to extend my visa. But in light of discovering that I can apply to "restore my status" as a worker under a different set of circumstances than my previous working visa allowed, then surely there is a possibility that I could still have "extended my stay" in Canada, but under a different work permit. I'm not sure how to word this a little more clearly, but if you're unsure as to what I mean, please let me know and I'll try elaborate further.

 

[canuck_in_uk]

I completely understand that by waiting so long I shot myself in the foot. There are reasons as to why I left it so late, but it's pretty long winded and off-topic.

The more that I've thought about this issue, the more I'm wondering how I had filled out my forms when "extending" my stay while I was legally working and while my IEC was still valid. I found my cover letter explaining why I was applying for a brand new open work permit. I have, until now, assumed that I applied to EXTEND my IEC. But when I look back, I remember explicitly telling everyone around me that I was applying for a bridging visa as I'd already submitted my Permanent Residence application. In theory, if I had selected to apply for a brand new open work permit [basically a BOWP] at that stage - while my PR application was being sent off (in it, with another OWP - the one I understood would mark the end of the "BOWP" I had applied for previously) - should I not have been granted that initial BOWP that I had applied for? I actually make clear in my cover letter that I just needed the open work permit to cover the time between when my IEC expires and when my Open Work Permit is processed to allow me to work while my PR application is being processed.

I read on a different thread that they have occasionally granted an OWP/BOWP if your PR application has been sent, but hasn't begun to be processed. If this is the case, and if I did initially apply for a brand new OWP, is there a potential that I may have been wrongly refused the BOWP on October 16?

The reason this is being discovered now is because after my IEC expired and my refusal letter came in, I was too busy trying to figure how this would alter my life plans and so I didn't think to go back and check exactly what application I had sent in, and just took the refusal letter at face value. And because they wrote "extended" - I just assumed that I had applied to extend my visa. But in light of discovering that I can apply to "restore my status" as a worker under a different set of circumstances than my previous working visa allowed, then surely there is a possibility that I could still have "extended my stay" in Canada, but under a different work permit. I'm not sure how to word this a little more clearly, but if you're unsure as to what I mean, please let me know and I'll try elaborate further.

BOWPs only apply to economic apps; even then, applicants only qualify for BOWPs once they have already submitted their PR app and received AOR, Acknowledgement of Receipt.

It doesn't matter what you asked for. "Work permit extension", "IEC extension", "new OWP", "BOWP", etc. You did not qualify for any work permit at that time and you were correctly refused.

 

[monkeyspanner]

BOWPs only apply to economic apps; even then, applicants only qualify for BOWPs once they have already submitted their PR app and received AOR, Acknowledgement of Receipt.

It doesn't matter what you asked for. "Work permit extension", "IEC extension", "new OWP", "BOWP", etc. You did not qualify for any work permit at that time and you were correctly refused.

I completely understand that by waiting so long I shot myself in the foot. There are reasons as to why I left it so late, but it's pretty long winded and off-topic.

The more that I've thought about this issue, the more I'm wondering how I had filled out my forms when "extending" my stay while I was legally working and while my IEC was still valid. I found my cover letter explaining why I was applying for a brand new open work permit. I have, until now, assumed that I applied to EXTEND my IEC. But when I look back, I remember explicitly telling everyone around me that I was applying for a bridging visa as I'd already submitted my Permanent Residence application. In theory, if I had selected to apply for a brand new open work permit [basically a BOWP] at that stage - while my PR application was being sent off (in it, with another OWP - the one I understood would mark the end of the "BOWP" I had applied for previously) - should I not have been granted that initial BOWP that I had applied for? I actually make clear in my cover letter that I just needed the open work permit to cover the time between when my IEC expires and when my Open Work Permit is processed to allow me to work while my PR application is being processed.

I read on a different thread that they have occasionally granted an OWP/BOWP if your PR application has been sent, but hasn't begun to be processed. If this is the case, and if I did initially apply for a brand new OWP, is there a potential that I may have been wrongly refused the BOWP on October 16?

The reason this is being discovered now is because after my IEC expired and my refusal letter came in, I was too busy trying to figure how this would alter my life plans and so I didn't think to go back and check exactly what application I had sent in, and just took the refusal letter at face value. And because they wrote "extended" - I just assumed that I had applied to extend my visa. But in light of discovering that I can apply to "restore my status" as a worker under a different set of circumstances than my previous working visa allowed, then surely there is a possibility that I could still have "extended my stay" in Canada, but under a different work permit. I'm not sure how to word this a little more clearly, but if you're unsure as to what I mean, please let me know and I'll try elaborate further.

The timeline you gave earlier in the thread was:

• May 2017 - Entered Express Entry with a low score but did not get invited to apply
• June 2017 - Told that Head Office would not sponsor me or approve LMIA
• July 2017 - Applied for an extension on my Working Holiday Visa

I may have misunderstood your timeline but:
In May you entered an EE profile in the draw but did not receive an invitation to apply due to insufficient CRS points.
Entering an EE profile does not mean you have applied for PR.
In order to apply you have to have had an ITA and completed the PR application process.
In order to qualify for a BOWP you have to complete a PR application, have an acknowledgement of receipt of that application, and have a valid work permit within 4months of expiry.
If my understanding is correct you may have applied for a BOWP but you did not qualify.

Restoration of work status would seem a logical course but I am uncertain on what grounds this would be allowed.