Open work permit extension refused

[aman_shrugs]

Hello,
I have been working here for last 1.5 years on open spousal work permit. On July 31st my work permit expired. On June 15th I applied for an extension along my wife’s post graduation work permit. Since my wife is pregnant she was not able to find a job in NoC0,A,B,C. I applied with the necessary pregnancy letters but my work permit got refused saying without skilled job for spouse this cannot be granted. I am also able to apply for a restoration within 90 days. I am not sure what to do at this stage. Would I be able to reappeal or please suggest the next step.
Thank you

 

[scylla]

Hello,
I have been working here for last 1.5 years on open spousal work permit. On July 31st my work permit expired. On June 15th I applied for an extension along my wife’s post graduation work permit. Since my wife is pregnant she was not able to find a job in NoC0,A,B,C. I applied with the necessary pregnancy letters but my work permit got refused saying without skilled job for spouse this cannot be granted. I am also able to apply for a restoration within 90 days. I am not sure what to do at this stage. Would I be able to reappeal or please suggest the next step.
Thank you

You'll need to apply to restore your status to visitor. Unfortunately it's not possible for you to extend your open work permit or secure a new open work permit unless your wife is working in a NOC A, B or 0 job. There are no exceptions to this rule and there's nothing to appeal.

The other option you can explore would be to have your current employer (or another employer) give you a job offer and also obtain an approved LMIA. You could then apply for a closed work permit.

 

[aman_shrugs]

You'll need to apply to restore your status to visitor. Unfortunately it's not possible for you to extend your open work permit or secure a new open work permit unless your wife is working in a NOC A, B or 0 job. There are no exceptions to this rule and there's nothing to appeal.

The other option you can explore would be to have your current employer (or another employer) give you a job offer and also obtain an approved LMIA. You could then apply for a closed work permit.

thanks for the response. So if I apply for a restore status, how long would I be able to be in Canada or how long would it take to get a response.

 

[scylla]

thanks for the response. So if I apply for a restore status, how long would I be able to be in Canada or how long would it take to get a response.

It will likely take a few months to get a response on the restoration application. You can remain in Canada while you wait for the application to be processed.

Of course you can only wait as a visitor. You're no longer entitled to work.

 

[aman_shrugs]

It will likely take a few months to get a response on the restoration application. You can remain in Canada while you wait for the application to be processed.

Of course you can only wait as a visitor. You're no longer entitled to work.

Okay, thank you.

 

[mr_water]

@aman_shrugs did you apply under the public policy? https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/pgwp-extend.html

 

[aman_shrugs]

@aman_shrugs did you apply under the public policy? https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/students/pgwp-extend.html

No, I applied my work permit extension on June15 and never expected to be refused.

 

[mr_water]

No, I applied my work permit extension on June15 and never expected to be refused.

Ah, I see. My best wishes to you moving forward though. Hope you are able to use this time for the better

 

[aman_shrugs]

Ah, I see. My best wishes to you moving forward though. Hope you are able to use this time for the better

Thank you for the wishes and response.

 

[scylla]

No, I applied my work permit extension on June15 and never expected to be refused.

Unfortunately refusal was guaranteed since your wife isn't working in a skilled role. Is there any chance she can still find a qualifying job now or is she too close to her due date? If she can get a skilled job, then you'll be able to apply for a new open work permit.

Regardless, start by restoring your status to visitor. That's the first step no matter what you decide to do.

Good luck.

 

[aman_shrugs]

Unfortunately refusal was guaranteed since your wife isn't working in a skilled role. Is there any chance she can still find a qualifying job now or is she too close to her due date? If she can get a skilled job, then you'll be able to apply for a new open work permit.

Regardless, start by restoring your status to visitor. That's the first step no matter what you decide to do.

Good luck.

Yes, I am thinking of waiting for 60 days (90days grace period) to see if she can find a job. If not, I will apply for a restore status or a visitor visa so that I can remain in Canada. Would that be a good idea?
Thanks

 

[scylla]

Yes, I am thinking of waiting for 60 days (90days grace period) to see if she can find a job. If not, I will apply for a restore status or a visitor visa so that I can remain in Canada. Would that be a good idea?
Thanks

Sure, you can try to do that. She will need to have started the job and have a few pay slips to provide in order for you to qualify for the OWP.

If that doesn't work out, you'll still have to apply to restore your status. You won't just be able to apply for a visitor visa. No matter what you do at this point, applying to restore your status is part of the process since you were refused the extension after your work permit expired.

Good luck.

 

[aman_shrugs]

Sure, you can try to do that. She will need to have started the job and have a few pay slips to provide in order for you to qualify for the OWP.

If that doesn't work out, you'll still have to apply to restore your status. You won't just be able to apply for a visitor visa. No matter what you do at this point, applying to restore your status is part of the process since you were refused the extension after your work permit expired.

Good luck.

Thanks for the response, sorry I am bit confused, so restoring means restoring my previous status that is work permit. So if she is able to get a job I will apply the restoration and work permit. If not then restoration and visitor visa. Is it like that?

 

[scylla]

Thanks for the response, sorry I am bit confused, so restoring means restoring my previous status that is work permit. So if she is able to get a job I will apply the restoration and work permit. If not then restoration and visitor visa. Is it like that?

Yes. Either way you need to apply to restore your status since you are now out of status in Canada.

 

[aman_shrugs]

Yes. Either way you need to apply to restore your status since you are now out of status in Canada.

Okay got it. Thank you. So I will not be able to apply for EI also. Will be able to do once I get the open work permit