Refusal of extension of Spousal work permit

[Nilan84]

need advice from someone who has a good knowledge of immigration process.
My PGWP was expired in November but as Canadian government has given extension to those whose work permit was expiring in 2023. I have applied for that 18 months extension for me and my wife. After 3 months we got a mail from ircc that her application is refused because we forgot to puy $100 open work permit fees. Now I want to know options I have to make status legal??
Do we have to apply for restoration before applying for new work permit?
Can she leave the country on restoration status while her application is processing??
She doesn't have Valid visa now, so is it okay if after getting work permit she apply for visa from back home and then re-enter in Canada?
How about doing flagpole and getting work permit from boarder? Because of refusal, she is out of status so she can't work, what could be the best solution in this time?
I have got approval on my OINP and I have applied for non Express entry, does that help her to stay?? My OINP approval is the only way for her to extend her work visa or any other alternatives? Can we appeal for paying $100 fees for what she got refusal?

 

[XYZc]

Hi Nilan84. This is not an advice - here to comment that we have a similar situation. My spouse and I also applied for the 18-month extension. While his application was approved, mine was rejected for not paying the $100 OWP fee. Our understanding was we're exempted from the fee coz we're applying under the public policy where it's stated (on IRCC's website and immigration articles online) that this fee is exempt.

I ended up applying for a restoration immediately after receiving the IRCC refusal letter. In my application, under Client Info, I explained to IRCC that the non-payment of the $100 fee was made in good faith. I placed a link to the IRCC website where it says the OWP fee is exempt. (IRCC should've been clear that the exemption is only for the PGWP holders and not their dependent if that's the case. But then -- I guess this is the risk of applying DIY instead of getting an immigration lawyer.) Processing times for work permit are currently at 100++ days and it's been over a month but there's no update on it yet. Also, for this application, I paid nearly 500 CAD (ugh).

So I remain in Canada without a valid status pending the result of the application. I've also informed my employer, who had to terminate my contract. The refusal letter did not specify that I should leave Canada immediately and that I can still apply for a restoration. We figured this would be better (financially and logisitically) than having to leave the country and start a new permit altogether.

You mentioned you got your OINP approval (congratulations!) and applied for EE. I believe it would be wise for you to process your PR application as well and hopefully that comes through quick. May the force be with us!

 

[Nilan84]

Thanks for sharing this. Sad to hear that it'll take more than 3 months to get a new work permit and there is no guarantee.
So upset and disappointed, they should make it clear that spouse WP fees is $255. It's depressing to stay at home without work for this long.
Have you applied for new work permit by yourself? Anything to keep in mind while applying bcz can't afford it anymore...

 

[Ali_444]

very unfortunate situation same my wife application got rejected too. they should have mention clearly. she paid 155$