restoration of status refused

[karan89]

hello friends,
i am in kind of a complicated situation right now. need expert advise
So here is my case. i applied for my permanent residence through express entry in july 2018. my pgwp was expiring in late august 2018, so i applied for bowp a week after my pr. due to some reasons my express entry file got a refusal in september 2018. i wasnt satisfied with their reasons so i applied for judicial review in federal court. unfortunately my bowp also got refused in october 2018 due to the valid reason that i didn't had any pr application under processing and was given 90 days for restoration. in december 2018 i got email from my attorney who helped me in filing judicial review that department of justice has settled my case with ircc and my file has been sent to a new visa officer for reconsideration. i applied to restore my status to worker on 3rd january 2019 which is within 90 days period. But restoration got refused on 10th may. they gave me reason that i didnt had any permanent resident application in system so i am not eligible to restore my status to a bowp and asked to leave within 30 days. first i was confused how can there be no file in the system when my file was sent for reconsideration already. so i called my attorney and he said it isnt possible. so he contacted department of justice and they said there has been a miscommunication between dept of justice and ircc, and somehow dept. of justice forgot to notify ircc and thats why my file was not reopened. now i am a total loss and 6 years of my life looks like total waste to me. but i still hv hope that my file will be reopened soon and approved as well. So i am planning to leave canada within a week so it doesnt have any effect on my file. but i need few questions to be answered before i leave. Any suggestions are welcome.

1) if any body has experience with judicial review, how long it takes ircc to reopen the file after positive decision from dept. of justice?
2) if they open my file, how long will it take to process? will they process the file as new application or start processing from where they stopped after refusal?
3) After i go back home to india will i b able to apply for a visitor visa or a work permit, so that i can come back with a status? and how long will it take?
Thanks

 

[Connectuae]

hello friends,
i am in kind of a complicated situation right now. need expert advise
So here is my case. i applied for my permanent residence through express entry in july 2018. my pgwp was expiring in late august 2018, so i applied for bowp a week after my pr. due to some reasons my express entry file got a refusal in september 2018. i wasnt satisfied with their reasons so i applied for judicial review in federal court. unfortunately my bowp also got refused in october 2018 due to the valid reason that i didn't had any pr application under processing and was given 90 days for restoration. in december 2018 i got email from my attorney who helped me in filing judicial review that department of justice has settled my case with ircc and my file has been sent to a new visa officer for reconsideration. i applied to restore my status to worker on 3rd january 2019 which is within 90 days period. But restoration got refused on 10th may. they gave me reason that i didnt had any permanent resident application in system so i am not eligible to restore my status to a bowp and asked to leave within 30 days. first i was confused how can there be no file in the system when my file was sent for reconsideration already. so i called my attorney and he said it isnt possible. so he contacted department of justice and they said there has been a miscommunication between dept of justice and ircc, and somehow dept. of justice forgot to notify ircc and thats why my file was not reopened. now i am a total loss and 6 years of my life looks like total waste to me. but i still hv hope that my file will be reopened soon and approved as well. So i am planning to leave canada within a week so it doesnt have any effect on my file. but i need few questions to be answered before i leave. Any suggestions are welcome.

1) if any body has experience with judicial review, how long it takes ircc to reopen the file after positive decision from dept. of justice?
2) if they open my file, how long will it take to process? will they process the file as new application or start processing from where they stopped after refusal?
3) After i go back home to india will i b able to apply for a visitor visa or a work permit, so that i can come back with a status? and how long will it take?
Thanks

What was the reason your express entry PR application was rejected...?
As far as i know your attorney is a fraud.
And as for BOWP It is only issued if you got AOR. My express entry got rejected two times. Even if your file is reopened they will find another loophole to reject it. My suggestion to you will be get an LMIA and try to get PNP of some province. Beware of misrepresentation otherwise you will be banned for 5 years. In your PR rejection letter what was the reason. And do elaborate your score,category and work exp.
Thanks and once again get an LMIA and try to stay in canada.

 

[karan89]

What was the reason your express entry PR application was rejected...?
As far as i know your attorney is a fraud.
And as for BOWP It is only issued if you got AOR. My express entry got rejected two times. Even if your file is reopened they will find another loophole to reject it. My suggestion to you will be get an LMIA and try to get PNP of some province. Beware of misrepresentation otherwise you will be banned for 5 years. In your PR rejection letter what was the reason. And do elaborate your score,category and work exp.
Thanks and once again get an LMIA and try to stay in canada.

reason they gave was they r not satisfied that i hv enough experience for the post i applied and my wage was low.
i had two years of experience as food service supervisor and my salary was 13.75. which is more than minimum salary for food service supervisor in bc. i dont hv enough time to get lmia. bcoz i am asked to leave in 30 days and 13 days hv already passed

 

[Connectuae]

reason they gave was they r not satisfied that i hv enough experience for the post i applied and my wage was low.
i had two years of experience as food service supervisor and my salary was 13.75. which is more than minimum salary for food service supervisor in bc. i dont hv enough time to get lmia. bcoz i am asked to leave in 30 days and 13 days hv already passed

One of my friend was food service supervisor his express entry was rejected because,
1. Although on paper and payroll he was food service supervisor but in his job duties more than 60 percent were that of team member. Then IRCC initiated some sort of surveillance which we later found out in CSIS and CBSA notes(which was started by one of the colleague working there under fraud complaints) and thus file was rejected. Even if we had appealed judicial review they may have got access to cctv from employer and found out that my friend was just a team member and not a food service supervisor. In your case get all the gcms,csis,cbsa notes on you and i hope you really were a supervisor and they don’t have any video surveillance footage on you or documented testimonies or complaints
2. Employer history with IRCC. How many people have been PR from over there?
3. Again if they say you don’t had 2 year exp before eta then there must have been some mistakes in dates,paystubs.
Good luck
Try finding a good representative.
And if possible pls post your job start date, invitation date. Work exp completion date and full text of the express entry rejection letter.

http://www.cic.gc.ca/english/resources/manuals/enf/enf09-eng.pdf

 

[karan89]

One of my friend was food service supervisor his express entry was rejected because,
1. Although on paper and payroll he was food service supervisor but in his job duties more than 60 percent were that of team member. Then IRCC initiated some sort of surveillance which we later found out in CSIS and CBSA notes(which was started by one of the colleague working there under fraud complaints) and thus file was rejected. Even if we had appealed judicial review they may have got access to cctv from employer and found out that my friend was just a team member and not a food service supervisor. In your case get all the gcms,csis,cbsa notes on you and i hope you really were a supervisor and they don’t have any video surveillance footage on you or documented testimonies or complaints
2. Employer history with IRCC. How many people have been PR from over there?
3. Again if they say you don’t had 2 year exp before eta then there must have been some mistakes in dates,paystubs.
Good luck
Try finding a good representative.
And if possible pls post your job start date, invitation date. Work exp completion date and full text of the express entry rejection letter.

http://www.cic.gc.ca/english/resources/manuals/enf/enf09-eng.pdf

i hv been a supervisor for two years, performed all the duties outlined in noc and i dont think there was anything there was anything wrong with my paystubs. one of my friend working in the same restaurant and same position and salary got an email from ircc that they r not convinced with his work experience and was given two weeks to provide documentation. he got help from a lawyer prepared a 10 page report and his application was approved with in a week. if they had any problem they could hv done the same with me, but the refused without any notice. and also two of my other friend working for same owner at their other restaurant with same position and salary as mine got approved last year.
job start: june 2016
job end: oct 2018(had to leave bcoz of bowp refusal)
sorry i dont hv the letter right now. i saved it in my phone, couldnt find it right now

 

[Connectuae]

Visa officer may have asked for work schedules. As your friend which have already submitted paperwork will be considered as proof too. And your experience must have been before your invitation to apply. And there is a possibility that there were two supervisors or more than that working on the same shifts. And if you have applied to other immigration programs like pnp etc. What experience was shown in previous applications. And your job relevance to the field of study. Contact that lawyer which submitted 10 page document and ask for his advise. Again get GCMS,CSIS,CBSA notes on you. I don’t know why and how you wasted so much time with this judicial review thing. Their are only 5-10 percent chances in such cases.

 

[Connectuae]

i hv been a supervisor for two years, performed all the duties outlined in noc and i dont think there was anything there was anything wrong with my paystubs. one of my friend working in the same restaurant and same position and salary got an email from ircc that they r not convinced with his work experience and was given two weeks to provide documentation. he got help from a lawyer prepared a 10 page report and his application was approved with in a week. if they had any problem they could hv done the same with me, but the refused without any notice. and also two of my other friend working for same owner at their other restaurant with same position and salary as mine got approved last year.
job start: june 2016
job end: oct 2018(had to leave bcoz of bowp refusal)
sorry i dont hv the letter right now. i saved it in my phone, couldnt find it right now

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1135&top=29

 

[karan89]

Sorry for late reply, got busy in figuring out my options. So i didnt leave canada. My immigration attorny wrote letter to ircc and explained the situation. He also got stay of motion which allows me to stay in canada. So ircc reopened my express entry application on 3rd july and told to submit additional documents, employement contracts etc within three weeks. My lawyer also asked for work permit. We submitted all additional documents including affadavits from me, my employer, contracts, record of employment by 14th july. Now waiting for final decision. Good news is my work permit got approved last week and i recieved it in mail today. Atleast i can work now. Hope everything will b alright from now onwards

 

[pat_ka89]

How is your process? Did you get the response from ircc? Did you finally get your pr ?

Sorry for late reply, got busy in figuring out my options. So i didnt leave canada. My immigration attorny wrote letter to ircc and explained the situation. He also got stay of motion which allows me to stay in canada. So ircc reopened my express entry application on 3rd july and told to submit additional documents, employement contracts etc within three weeks. My lawyer also asked for work permit. We submitted all additional documents including affadavits from me, my employer, contracts, record of employment by 14th july. Now waiting for final decision. Good news is my work permit got approved last week and i recieved it in mail today. Atleast i can work now. Hope everything will b alright from now onwards

 

[karan89]

How is your process? Did you get the response from ircc? Did you finally get your pr ?

Sorry i dont visit the site at all so didnt get ur msg. Yes i recieved my Pr in September 2019.

 

[Addey12]

Sorry i dont visit the site at all so didnt get ur msg. Yes i recieved my Pr in September 2019.

Hi , please can you provide me your lawyers contact. As I’m in same situation. Thanks