Restoration of status and work permit application

[Fipsy]

Hi, I applied for restoration of status along with a work permit on May 1st, 2022. I have stopped working since my work permit expired at the end of April 2022. It’s been more than four months now since I applied, and the status remains the same. Although the current processing time for a work permit is 166 days. However, it is as if the application is not proceeding even after 120 days of submission. I have called IRCC several times without a response. Initially, I get responses by raising web forms but that has stopped in the last two months. I have no idea of what is going on and it is gradually affecting me mentally. I cannot even afford to pay my rent this month, food is very difficult to get, ran out of my credits with a lot of interest incurred due to no payment. I am gradually becoming homeless in Canada (it’s been five months of no work, and no salary).

I understand IRCC has a lot of backlogs with different applications, but it is high time they either change their policy or be a little flexible. How is it right to keep someone from working for the past five months without any help (no health insurance, anything)? They are focused on the intervention in the Ukrainian war, which is remarkable (don’t get me wrong). But what about people in the country? How can they ignore the mental state/health of people in the country desperately waiting for a decision about their life? At least, a word of assurance can help to salvage this situation, but no one is picking up the calls. I spent my whole morning every day (8-12 noon) trying to reach IRCC. Canada can do better; this is not acceptable.

 

[TLO]

Hi Fipsy
Hope you`re doing well.
Did you get any update from IRCC?
I lost my status last July 27th because my wife couldn't find a skilled job (as an international student) and I applied for restoration of status on October 21st.
Like you, I stopped working since they refused my first application for WP Extension. My previous manager advised me to ask for help in the local MP`s office. But now I got a job offer in another country. To be honest, I don`t want to waste more time here.

 

[canuck78]

Hi Fipsy
Hope you`re doing well.
Did you get any update from IRCC?
I lost my status last July 27th because my wife couldn't find a skilled job (as an international student) and I applied for restoration of status on October 21st.
Like you, I stopped working since they refused my first application for WP Extension. My previous manager advised me to ask for help in the local MP`s office. But now I got a job offer in another country. To be honest, I don`t want to waste more time here.

Your status will only be Restored to a visitor if approved. Once you move to another country you can withdraw your restoration application. You weren’t entitled to a WP extension based on your job since your OWP was dependent your wife‘s PGWP and job in NOC 0, A or B which is why it was refused and you actually were required to stop working in when your OWP expired. Have you looked at what jobs fall under NOC0, A or B. Many are not as skilled as you may think.

 

[TLO]

Your status will only be Restored to a visitor if approved. Once you move to another country you can withdraw your restoration application. You weren’t entitled to a WP extension based on your job since your OWP was dependent your wife‘s PGWP and job in NOC 0, A or B which is why it was refused and you actually were required to stop working in when your OWP expired. Have you looked at what jobs fall under NOC0, A or B. Many are not as skilled as you may think.

I applied for restoration after She started working in a job that falls under NOC A. But there is no information about the processing time for restoration of status.

 

[Fipsy]

Hi Fipsy
Hope you`re doing well.
Did you get any update from IRCC?
I lost my status last July 27th because my wife couldn't find a skilled job (as an international student) and I applied for restoration of status on October 21st.
Like you, I stopped working since they refused my first application for WP Extension. My previous manager advised me to ask for help in the local MP`s office. But now I got a job offer in another country. To be honest, I don`t want to waste more time here.

Hi,

I am doing well. I got approval for my work permit from IRCC on Oct 21st, which was after 6 months of waiting. Once you lose your status, you have to wait until a decision is made on your application before you can work. If you just applied for restoration of status on October 21st, you still have some more time to wait bro. I understand the waiting period is crazy and nerve-racking, but you don't have a choice and once you leave Canada, your application for restoration of status is no longer valid. Hope this helps!!!

 

[Sharothi]

Dear seniors, please help.

I am out of status and applying for restoration as a visitor. My most recent status was a worker under an open work permit. I tried to create a restoration application from my GC key. In the primary questionnaire before the checklist, there was a question, "what is your current immigration status". There is no "other" option, so I checked "worker". Later, another question, "when your permit expired", I answered and got the checklist after finishing the questionary.

Checklist I received:
1. Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)
2. Passport
3. Proof of Means of Financial Support (How much to show?)
4. Digital Photo
5. Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)
6. Restoration of status fee $200.

Am I doing anything wrong?

I am also expecting AOR very soon, but it will be too tight to apply for BOWP and restoration. Is being out of status will impact on my PR application? I received my ITA yesterday; PCC is taking forever.

Please help, I am super stressed.

 

[Ponga]

Dear seniors, please help.

I am out of status and applying for restoration as a visitor. My most recent status was a worker under an open work permit. I tried to create a restoration application from my GC key. In the primary questionnaire before the checklist, there was a question, "what is your current immigration status". There is no "other" option, so I checked "worker". Later, another question, "when your permit expired", I answered and got the checklist after finishing the questionary.

Checklist I received:
1. Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)
2. Passport
3. Proof of Means of Financial Support (How much to show?)
4. Digital Photo
5. Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)
6. Restoration of status fee $200.

Am I doing anything wrong?

I am also expecting AOR very soon, but it will be too tight to apply for BOWP and restoration. Is being out of status will impact on my PR application? I received my ITA yesterday; PCC is taking forever.

Please help, I am super stressed.

Are you still within the 90 day window to apply for Restoration?

AFAIK, only an Inland (SCPLC) Spousal Sponsorship applicant is [somewhat] protected if they are without legal status in Canada. Doesn't sound like that's the stream that you've applied under, but...hopefully someone else can comment as to if it impacts your application.



Can't comment on #3, sorry.

 

[Fipsy]

Dear seniors, please help.

I am out of status and applying for restoration as a visitor. My most recent status was a worker under an open work permit. I tried to create a restoration application from my GC key. In the primary questionnaire before the checklist, there was a question, "what is your current immigration status". There is no "other" option, so I checked "worker". Later, another question, "when your permit expired", I answered and got the checklist after finishing the questionary.

Checklist I received:
1. Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)
2. Passport
3. Proof of Means of Financial Support (How much to show?)
4. Digital Photo
5. Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)
6. Restoration of status fee $200.

Am I doing anything wrong?

I am also expecting AOR very soon, but it will be too tight to apply for BOWP and restoration. Is being out of status will impact on my PR application? I received my ITA yesterday; PCC is taking forever.

Please help, I am super stressed.

Hey,

I also lost my status in May 2022 and I had to follow the exert steps you listed but was not asked to show proof of funds. Are you sure you are within the 90 days grace period??? Please confirm!!!

 

[Sharothi]

I’m still within 90 day’s restoration period. I’m super confused, previously I had the open work permit, then lost status as my work permit extension application was refused. Now some people are saying I cannot restore status as a visitor if previously I had the work permit. I’m single.

 

[Fipsy]

I’m still within 90 day’s restoration period. I’m super confused, previously I had the open work permit, then lost status as my work permit extension application was refused. Now some people are saying I cannot restore status as a visitor if previously I had the work permit. I’m single.

You can only restore your status to the previous status. You cannot change your status until your previous status is restored. Why not try submitting another work permit application? it takes IRCC at least 150 days to process work permits from within Canada. Hopefully, before they opened your file. you would have received AOR. This is just a suggestion let's wait and see other people's comments.

 

[canuck78]

I’m still within 90 day’s restoration period. I’m super confused, previously I had the open work permit, then lost status as my work permit extension application was refused. Now some people are saying I cannot restore status as a visitor if previously I had the work permit. I’m single.

When did you actually lose status? If your extension was refused you may have been out of status for a very long time. If your status is restored it will be restored as a visitor. You would then have to apply for a work permit

 

[Sharothi]

When did you actually lose status? If your extension was refused you may have been out of status for a very long time. If your status is restored it will be restored as a visitor. You would then have to apply for a work permit

I lost my status on January08, 2023. I was looking for alternative options, gave some interviews. I don’t want to go for LMIA since I was expecting ITA and got that in the last draw. I’m still within 90 day’s restoration time

 

[canuck78]

Dear seniors, please help.

I am out of status and applying for restoration as a visitor. My most recent status was a worker under an open work permit. I tried to create a restoration application from my GC key. In the primary questionnaire before the checklist, there was a question, "what is your current immigration status". There is no "other" option, so I checked "worker". Later, another question, "when your permit expired", I answered and got the checklist after finishing the questionary.

Checklist I received:
1. Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)
2. Passport
3. Proof of Means of Financial Support (How much to show?)
4. Digital Photo
5. Schedule 1 - Application for a Temporary Resident Visa Made Outside Canada (IMM 5257)
6. Restoration of status fee $200.

Am I doing anything wrong?

I am also expecting AOR very soon, but it will be too tight to apply for BOWP and restoration. Is being out of status will impact on my PR application? I received my ITA yesterday; PCC is taking forever.

Please help, I am super stressed.

You will not qualify for BOWP based on your situation since your WP expired a long time ago. Yea being out of status can impact your PR application. Many applications require you to some sort of legal status in Canada to qualify to apply.

 

[Sharothi]

You will not qualify for BOWP based on your situation since your WP expired a long time ago. Yea being out of status can impact your PR application. Many applications require you to some sort of legal status in Canada to qualify to apply.

Even for CEC too?

 

[canuck78]

Even for CEC too?

Based on my interpretation of the CEC eligibility requirements you must have status to be admissible and to qualify for CEC. You can’t be out of status in Canada. Someone else can confirm.