Problems at the port of entry - Work Permit Refused

[canadavisa13]

LCP work permits can not be processed at the cpc-vegreville.
she could of sent her application to canadian embassy in the USA but as of now she can't because she does not hold a valid status and her restoration period is over as well.
she should expect a refusal about her visitor visa for sure since she does not pay the $200 restoration fee.
better is to wait for the refusal letter from cic then leave canada immediatly,she will be issued a removal order with a set time to depart the country.
if she leaves voluntarily after getting the removal order she will not be banned from canada and she can apply from home country for work permit but there is no guarantee she will be issued one.
she also has to make sure the LMO will still be valid by the time she applies for the LCP work permit.
its an unfortunate situation for your friend that she lost her status in canada but if she leaves immediatly after the removal order is issued she will still stands a chance to come back gain legally.

i wish your friend's a good luck

 

[scylla]

Agreed with the comments posted above. This is the correct advice.

 

[canadavisa13]

thank you scylla

 

[Greek26]

Hi,

thank you both for your help.

Today in the morning we visited new immigration consultant and he gave us exactly same advice as you canadavisa13.

So the plan is if she somehow gets visitor status, then she will apply for work permit to canadian embassy in the USA(New York).
If she gets refusal, she will immediately leave country and apply to Vienna with detailed letter of explanation.

Consultant also said he saw lots of cases where restoration fee was requested later when application was processed.
When she applied she attached explanation letter of her status, support letter from national community and from a friend who is willing to support her during her stay as a visitor.

Anyways, she is expecting refusal, but maybe miracle happens

 

[canadavisa13]

you are welcome Greek26,

yes miracles do happens sometimes and i hope this is going to be the case here.
if the immigration officer is kind enough he/she will understand your friend's intention to restore her status and stay in canada legally but she just.forgot to pay for the restoration fees then he/she may give her an opportunity and ask for the payment.
but do not have high hopes for this since they are really very strict.

i hope your friend got her status restored as a Xmas gift

 

[Greek26]

Hi guys,

so what happened is she got Refused for the Visitor status.

All that says in the email is:

"Immigration legislation requires that foreign nationals wishing to remain longer in Canada
submit an application for extension of their temporary resident status on or before the expiry of
the authorized period.

Your temporary resident status in Canada expired on 13 March 2013
and your application was made on 26 September 2013.

You are a person in Canada without temporary resident status who is not eligible for restoration
under Section 182 of the Immigration and Refugee Protection Regulations."

She still didn't get any Letter of Departure or anything. When can she expect it or should she expect it?

Anyways, she is buying a ticket home.
Canada is a harsh country.

 

[scylla]

Anyways, she is buying a ticket home.
Canada is a harsh country.

Canada's not harsh at all. She messed up on several fronts (trying to apply for an LCP visa at the border, not applying to restore her status) which is why she's in the situation she is now. The situation is what it is because she made mistakes - no other reason. Canada is going to let her leave without penalty. If this was the US, her overstay would likely equate to a 3 year ban from re-entering that country. Canada is going to let her leave ban-free. She should be happy Canada has far more lenient overstay rules than it's neighbour to the south.

I wouldn't wait for the letter that tells her to leave. She should plan to be gone within 30 days - especially if she wants to come back as a temporary worker. If she leaves soon rather than waiting a couple of months, this will demonstrate she respects Canada's immigration rules and will play in her favour for future visa approvals.

 

[Greek26]

Yeaa I know, you're right.

Should she report at the border when she leaves country or contact the embassy or what is the procedure?

Thanks