Refused Open Work Permit for Spouse

[Zemng]

My case is:
- My husband was an 2-year international student and he had PGWP on Sep 24th 2021 with 3 years. He works as a Sous Chef from July 2021
- I had Open Work Permit before and expired on 30/9/2021.
- Until Oct 6th 2021, he received 3rd paytub (his salary is paid monthly) and I applied Open Work Permit for me on this day.
- On Feb 09, 2022, I received the letter of refused with this reason:
"You are a person in Canada without legal status and as such are required to leave Canada immediately"

What should I do for now? I really don't know any information about restoration of status before.
I read in cic website:

• If an application for extension of temporary resident status under section R181 is refused, the foreign national has 90 days from the date of the refusal notice to apply for restoration, if otherwise eligible.

So, Can I restore my status as worker and apply OWP again without leaving Canada?

 

[YVR123]

You OWP expired on 30/9/2021 and you applied SOWP AFTER your work permit has expired. There is no imply status at that point while waiting for an application. You have been out of status since 30/9/2021.
You also have past 90 days from your OWP expiry. I don't know what you can do. I dont' think you can still restore your status after 90 days.

 

[Zemng]

You OWP expired on 30/9/2021 and you applied SOWP AFTER your work permit has expired. There is no imply status at that point while waiting for an application. You have been out of status since 30/9/2021.
You also have past 90 days from your OWP expiry. I don't know what you can do. I dont' think you can still restore your status after 90 days.

I don't know what to do for now. If I can't restore my status, can I apply as visitor in Canada?

 

[Naturgrl]

What have you been doing since September 30? You cannot apply for a visitor visa from within Canada. Right now you have no status in Canada.

 

[Zemng]

What have you been doing since September 30? You cannot apply for a visitor visa from within Canada. Right now you have no status in Canada.

I just applied for OWP before

 

[Naturgrl]

I just applied for OWP before

On September 30, you would have stopped working and could have changed your status to visitor. You didn’t apply for an OWP until October 6, after your visa expired, so you were without status when you applied for OWP. Don’t know what your options are.

 

[Zemng]

On September 30, you would have stopped working and could have changed your status to visitor. You didn’t apply for an OWP until October 6, after your visa expired, so you were without status when you applied for OWP. Don’t know what your options are.

my visa's until September 2024

 

[Naturgrl]

my visa's until September 2024

Confused…is this your husband’s PGWP. Aren’t we discussing you not having status in Canada since September 30.

 

[Zemng]

In the first time I went to Canada by visitor, after that I applied OWP through my husband's status as international student. That is the reason my visa's until September 2024.

 

[Naturgrl]

In the first time I went to Canada by visitor, after that I applied OWP through my husband's status as international student. That is the reason my visa's until September 2024.

So you have a visitor visa until 2024.

 

[Zemng]

So you have a visitor visa until 2024.

Yes.
If I can leave Canada and re-enter Canada by my visitor visa?

 

[scylla]

Yes.
If I can leave Canada and re-enter Canada by my visitor visa?

You are in Canada without status. You have to leave Canada to restore your status.

The OWP was correctly refused because you applied after your work permit expired. The validity of your TRV is irrelevant.

It's too late to restore your status from within Canada.

 

[Zemng]

You are in Canada without status. You have to leave Canada to restore your status.

The OWP was correctly refused because you applied after your work permit expired. The validity of your TRV is irrelevant.

It's too late to restore your status from within Canada.

Can I return Canada again by visitor visa after that? Does this refusal affect the next time?

 

[scylla]

Can I return Canada again by visitor visa after that? Does this refusal affect the next time?

You can return on your TRV. Whether you are allowed back into Canada is always up to CBSA. However the valid TRV certainly allows you to return. You should leave within 30 days of receiving this refusal.

 

[Zemng]

You can return on your TRV. Whether you are allowed back into Canada is always up to CBSA. However the valid TRV certainly allows you to return. You should leave within 30 days of receiving this refusal.

Thank you for your advice