baddigam said:
I completed my post graduation in December 2014; received transcripts in February 2, 2015.
I paid online fee on feb 20, 2015 and forwarded it to my lawyer.
My application for Post Graduate Work Permit (PGWP) reached on March 13, 2015. There was an increase of fees of $100 on February 21, 2015.
A letter dated April 30, 2015 from CIC advised that my visa status was expired on March 31, 2015 and I should submit a new application within 90 days of March 31, 2015 with appropriate fee along with restoration fee.
On May 15, 2015 my new application along with appropriate fees and forms reached CIC.
After 4 months (120 days) (Sep 14,) 2015 I was denied PGWP as CIC stated “failure to submit within time frame”.
I appealed through lawyer in Sep 20, 2015 to look into the case but on January 6, 2016 my case was closed.
My lawyer stated that “CIC refused to re-open your file” despite numerous attempts.
Now I'm out of status...
Badiggam,
Like others have commented on your questionable situation, I find it inconceivable that you may have used the same lawyer or law firm after the first attempt failed.
First, let us begin with you the
principal applicant;
How come you graduated in December, 2014 and received your transcript on February 2, 2015? This is almost 2 months. To me that is the 1st
red flag. You paid your processing fee online on February 20, 2015 and then
forwarded it to your lawyer. This is 18+ days later. That is the 2nd
red flag. Too much time wasted.
Secondly, your
lawyer;
How is it possible that your application reached CIC on March 13, 2015? This is 21 days later and is the 3rd
red flag.
Thirdly,
CIC;
As far as I know, CIC and its agents have made a number of mistakes in the
refusal letters that they've emailed to applicants especially:
1) Misquoting the expiry date of the applicant's temporary status
and/or
2) Miscalculation of the applicant's 90 days of restoration after they've received a refusal letter. For example, your 90 days of restoration were supposed to expire on
June 28, 2015 .
- The 3rd
red flag tells me that either your lawyer submitted the application very late or CIC is to blame in this case and they should reopen your case.
SUGGESTIONS
- Fire your current lawyer ASAP.
- Find a new smart and diligent
immigration lawyer (and/or law firm) who knows what they are doing and can submit your application on time. By
submission I mean the date the package reaches CIC and CIC confirms that they've received it. A package should arrive within 2 - 4 business days.
- Compile all necessary documentation including refusal emails that you received from CIC and talk to your new lawyer.
- Make sure that the immigration lawyer has the Immigration Consultants of Canada Regulatory Council (
ICCRC) membership
#.
- I believe you have a case since your 90-day restoration period was supposed to expire on June 28, 2015.
- You should be included in the appealing process every step of the way.
- It is your responsibility to provide the required information to CIC.
- Find out if your new lawyer/representative is authorized at:
http://www.cic.gc.ca/english/information/representative/verify-rep.asp
It is now more than a year since you graduated and its unfortunate that you have no legal status. However, learn from your mistakes and move forward. Lastly, please do not give up on yourself and your dreams. Therefore, act fast before you are forced on to a plane.
Cheers and good luck because you'll need it!