need help pls

[ragluf]

So, then my work permit was expiring on 14 Feb 2015, so i applied for the extension of my work permit on Feb 8, 2015
Today (April 22, 2015) my work permit was refused based on the reason that my PNP letter was expired by the time i applied for work permit.
My pnp letter was valid until jan end 2015 but i applied for work permit in Feb 2015, so refused on this reason.

This is expected - one of the requirements of applying for a WP (without an LMIA/or under LMIA-exemptions) are listed here - http://www.cic.gc.ca/english/work/apply-who-permit.asp
You may want to read-up first the details on applying for a WP if you fall under these:

Workers who are eligible for a work permit through a federal-provincial/territorial agreement
Agreements between the Government of Canada and provincial/territorial governments can include specific exemptions from the LMIA process. Find out if you are eligible to come to Canada through a federal-provincial/territorial agreement.

Workers nominated by a province or territory for permanent residence
The worker must have a job offer from an employer based in that province/territory.

People already working in Canada who have applied for permanent residence through the Federal Skilled Worker Program, Federal Skilled Trades Program or Canadian Experience Class
The worker must have received a positive eligibility assessment on their permanent residence application and have a work permit that will expire within the next four months to be eligible.

One of the requirements is a valid nomination letter, and in some cases, a letter of support from the nominating province.

I thought PNP letter is for PR application, it has nothing to do with WP application.

Provinces/Territories have agreements with the Federal government, giving them a way to get needed workers faster without need for an LMIA. In these LMIA-exempt classes, in particular the 2nd above - the nomination letter is a requirement and used in lieu of an LMIA.

1- i have my AOR now, i got it last week (XEP006......), my work status is now "to apply for restoration+ wp)...Is AOR enough? or do i need to the extension of PNP letter?

Currently you do not have status - I see your extension was refused and your old permit expired in Feb 2015. You currently do not have any status. Unfortunately:
1. Any WP application you file will need Restoration. So you will have to file a Restoration of Status application + WP application within the 90-days grace period that started when you received the refusal of the WP extension
2. You do not qualify for a BOWP - one of the requirements is that you must have a valid work permit due to expire within 4months. Well, you have an already expired WP. Even if you have an AoR - well you don't have a valid WP now.
http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp
3. You can try applying for an LMIA-exempt work permit using a valid PNP nomination letter and a work support letter from the nominating province. See here: http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/territories-provinces.asp
Foreign Workers provincially selected
Foreign Workers nominated by a province or territory
If you read these - you will see that the province needs to provide a statement or a letter in addition to the PNP nomination certificate, to support a WP application under LMIA-exemption.

2- If i get PNP extension letter, i have changed my few jobs after that...they ll issue me PNP letter with this recent job...BUT my employer has given me two weeks notice, so means after 2 weeks i wont have this job anymore....and PNP is saying i ll be getting my extension on this new letter stating about this current job, and therefore i will be getting a closed work permit...SO, if my closed work permit comes, no more this work so the work permit ll be of no use by then...SO WHAT to DO...SENIORS Please share your views, info, links, or any useful information????

Unfortunately, can't help you with this - you don't qualify for an open work permit (BOWP), and it seems your PNP nomination was employer-driven, meaning any work permit application is tied to the employer who provided the job-offer making you eligible for the nomination. You would have to work this with your PNP office and see if they can be persuaded to issue a PNP nomination extension letter that does not tie you to any employer, or look for another employer willing to give you an LMIA and get a WP or seek the advice of an immigration lawyer on how to proceed.

Anything you decide to do - be mindful of the 90-days grace period for restoration. You do not have status right now, which is your more pressing issue at hand.

.../atb

 

[ragluf]

hi ragluf! i have a question... if i go to borders, will they issue a new work permit there.

Yes they can issue a new WP at the border. But you have to satisfy the conditions that can allow you to apply for a WP.

i applied for work permit extension but refused because i failed to attached one document. the support letter from ainp. i have an error in uploadin it in my cic account and they said they never receive it...now i am on restoration, can i exit in the border... i already paid for landing fee. i applied in cic last june...

One - restoration cannot be done at the border.
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

Continue to work or study
Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

Leaving Canada
Restoration of status cannot be granted at the POE. Individuals who have failed to comply with the conditions imposed under R185 need to apply in Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.

============
Now in order to apply for a new WP at the border, typically you have to "flagpole" - exit Canada, and then re-enter, then apply for a NEW WP as you enter. I say new WP (not an extension) as you have no current status in Canada. By exiting Canada, restoration does not apply anymore - so you will (as mentioned above) be seeking a new entry/new WP as a worker at the PoE/border. Expect you will be scrutinized as one seeking to enter Canada as a worker, and thus
- will have to be eligible to apply at the PoE for a WP (citizens of some countries are not eligible to apply at the PoE).
- will need to have all the documents to be presented for a new worker entering Canada

So given your current status, IMHO the risks of refusal are higher, as well as the possibilities that you may not be allowed to re-enter Canada. The only thing in your favor right now is your pending PR application in process, but it still remains within CBSA whether to allow you in or not, and/or issue you a new WP. It would have been different if you still had valid status on your WP and went to get an extension at the border, but this is not the case for you.

.../atb

 

[chicky43]

hi guys!!!

Good Day!

as i mentioned before, i receive a refusal in mycic account for the primary reason of not uploading the supporting letter from ainp.
so in my panic, i immediately ask my employer for help... he paid the compliance fee and i applied agaid for my restoration of status..
i already applied and paid the fees online.
and from time to time, i receive email from cic that there is update in mycic account.


today, i wonder why they keep still updating my old work permit application.

but today is different... it said i was approved for extension and will receive document in mails in six weeks..


my question is, how to get a refund?

will i write cpc vegraville or i can do it online to request for refund..


thank u and God Bless All...

 

[MillyMilly]

If the employer has sent out the 5802e form, do they need to wait for the approvement of form 5802e before the worker are able to apple the work permit?
If the form need to be approved, then how long the processing time will be?
Any help will be appreciated.

 

[SINP 2014 PNP]

Yes they can issue a new WP at the border. But you have to satisfy the conditions that can allow you to apply for a WP.
One - restoration cannot be done at the border.
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

Continue to work or study
Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

Leaving Canada
Restoration of status cannot be granted at the POE. Individuals who have failed to comply with the conditions imposed under R185 need to apply in Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.

============
Now in order to apply for a new WP at the border, typically you have to "flagpole" - exit Canada, and then re-enter, then apply for a NEW WP as you enter. I say new WP (not an extension) as you have no current status in Canada. By exiting Canada, restoration does not apply anymore - so you will (as mentioned above) be seeking a new entry/new WP as a worker at the PoE/border. Expect you will be scrutinized as one seeking to enter Canada as a worker, and thus
- will have to be eligible to apply at the PoE for a WP (citizens of some countries are not eligible to apply at the PoE).
- will need to have all the documents to be presented for a new worker entering Canada

So given your current status, IMHO the risks of refusal are higher, as well as the possibilities that you may not be allowed to re-enter Canada. The only thing in your favor right now is your pending PR application in process, but it still remains within CBSA whether to allow you in or not, and/or issue you a new WP. It would have been different if you still had valid status on your WP and went to get an extension at the border, but this is not the case for you.

.../atb

i have one question to all friends

i m in canada as a close work permit

so my wife from back home apply 2 times open work permit and she was refused both time

can it would be bad effect on our PR application

GCMS note :
it says PA applicant got married 2011 he also live other country before came to canada

it appears PA and spouse have never lived in the same country in the course of their marriage
they have elected to live separately since they married in 2011, I fail to see the any H&C measures to reunite them now

 

[wafatauseef]

Yes they can issue a new WP at the border. But you have to satisfy the conditions that can allow you to apply for a WP.


One - restoration cannot be done at the border.
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

Continue to work or study
Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

Leaving Canada
Restoration of status cannot be granted at the POE. Individuals who have failed to comply with the conditions imposed under R185 need to apply in Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.
9
============
Now in order to apply for a new WP at the border, typically you have to "flagpole" - exit Canada, and then re-enter, then apply for a NEW WP as you enter. I say new WP (not an extension) as you have no current status in Canada. By exiting Canada, restoration does not apply anymore - so you will (as mentioned above) be seeking a new entry/new WP as a worker at the PoE/border. Expect you will be scrutinized as one seeking to enter Canada as a worker, and thus
- will have to be eligible to apply at the PoE for a WP (citizens of some countries are not eligible to apply at the PoE).
- will need to have all the documents to be presented for a new worker entering Canada

So given your current status, IMHO the risks of refusal are higher, as well as the possibilities that you may not be allowed to re-enter Canada. The only thing in your favor right now is your pending PR application in process, but it still remains within CBSA whether to allow you in or not, and/or issue you a new WP. It would have been different if you still had valid status on your WP and went to get an extension at the border, but this is not the case for you.

.../atb

does this mean that the restoration application becomes moot(automatically cancelled) on leaving the country?