Open work permit refused because no CEC application was attached

[RRfromfaraway]

Very frustrating... I just received letter from CIC telling me that they refused my application to extend my open work permit because I didnt attach Canadian Experience Class application with it. In a meantime, I was invited to apply under Express Entry - CEC, so I do have online application pending there. I am sure they could see it as well. I sent my work permit extension via mail. Express entry is done electronically.

What are my options? I know I can apply to restore my status - another 4 months wait time and I couldn't work... Can I appeal their decision since I have pending CEC application with immigration Canada. I know I can call 1-800 number, but will they be able to help?

Any answers are much appreciated!

 

[scylla]

Very frustrating... I just received letter from CIC telling me that they refused my application to extend my open work permit because I didnt attach Canadian Experience Class application with it. In a meantime, I was invited to apply under Express Entry - CEC, so I do have online application pending there. I am sure they could see it as well. I sent my work permit extension via mail. Express entry is done electronically.

What are my options? I know I can apply to restore my status - another 4 months wait time and I couldn't work... Can I appeal their decision since I have pending CEC application with immigration Canada. I know I can call 1-800 number, but will they be able to help?

Any answers are much appreciated!

An invitation from CEC isn't enough. You need AOR - meaning that your application must have been submitted to CIC AND reviewed by CIC (I believe this takes around four months) - AND CIC must have issued a letter to you confirming that you have passed the initial review and your application has been accepted for further processing. If you don't have the AOR letter, you applied for the bridging open work permit too early and were correctly refused. There is nothing to appeal.

Your only option is to restore your status and change it to visitor (you can't restore back to worker unless you have a new and approved LMIA). You need to stop working immediately if you haven't already.

 

[RRfromfaraway]

Thanks! I am ready to submit my CEC in about a month. I am still waiting for my police clearance from US. So we are talking about 7-8 months at best before I can get work permit back. One more question: Can I apply for a work permit outside of Canada once I get my AOR. If I cant work for next 8 months, there is no reason for me to stay here. Will me leaving Canada for longer period of time jeopardized my PR application?

Thank you!

 

[scylla]

In that case your work permit application was definitely correctly refused and there is no point in appealing.

You can only apply for a BOWP (bridging open work permit) once you have AOR if you are at that time holding a valid work permit. So in order for that to happen, you would need to secure a new approved LMIA and obtain a new closed work permit. Only then could you apply for a BOWP with AOR.

Yes - you can certainly leave Canada and this won't hard your CEC application.

 

[RRfromfaraway]

Thanks again scylla.

So just we are clear. My 3 year post grad work permit expired earlier this year. I applied for an extension and hold implied status until I received this letter from CIC telling me that my application is refused.

In a mean time, i received invitation to apply for PR under CEC. I have until mid November to submit everything to CIC. I am still waiting for police clearance from USA. Their processing time is more than 8 weeks, so there is a chance that I wont get it before I have to submit my application for PR. What can I do? i cant send it incomplete application.

I am originally from Slovakia, so I would go home for a few months, and once AOR is issued I will go to Vienna to apply for a new work permit - their processing time is 2 months compare to 100+ days if I apply from Canada. Does this sound like a good idea?

 

[scylla]

You should post your question regarding the police certificate and November deadline to the CEC section of the forum. I don't know what the answer is.

No - your plan for applying for a work permit from outside of Canada will not work (doesn't matter if you apply from inside or outside of Canada - the answer is the same). Again, you will not qualify for a work permit once you have AOR because don't currently hold a valid work permit. You need to have a valid work permit when you receive AOR in order to apply for a bridging open work permit. Since your work permit has expired - no BOWP.

If you can't get another LMIA supported work permit, then you won't be able to work again in Canada until your PR visa has been approved and you have landed in Canada and become a PR.