Restoration of status (work permit renewal) refused.

[rikstaker]

Hi

My initial BOWP application was refused on 19 Aug 2014 as I hadnt received the AOR till 22 Aug 2014. My work permit expired on 3 Aug 2014. I applied for restoration of Status on 12 Sep 2014. Today I got refused for restoration of status.. I am down 500 bucks and on the verge of mental breakdown. All my life is here, I am incorporated, my parents live in U.S I have a car a home..WTF am I supposed to do.... :'(

Refusal reason given was( I had submitted the AOR rcvd in email with the file number):

You have not provided evidence that you have received a positive eligibility decision on your
Permanent Resident application.

You do not have a work permit that was due to expire within 4
months of the date you submitted your application.

[X] After considering all the circumstances of your case, your application for a work permit
cannot be approved as requested without a valid Labour Market Impact Assessment and Citizenship and Citoyenneté et


Confirmation from Employment and Social Development Canada. Your prospective employer is
responsible for obtaining this confirmation.

[X] We also wish to advise you that your temporary resident status expired on 2014/08/19.

 

[ZingyDNA]

Are you applying for a BOWP or a restoration of status?

 

[rikstaker]

restoration of status coz my earlier bowp got refsued coz aor wasnt rcvd in time.

 

[ZingyDNA]

restoration of status coz my earlier bowp got refsued coz aor wasnt rcvd in time.

OK I'm not familiar with restoration of status.. Never applied for one. For BOWP you need a valid WP expiring in 4 months, which you don't have... I'm just confused that they know the reason you applied for restoration of status is because you don't have a valid WP, then why did they cite that as a reason for refusal? The other refusal reason is simply false: you got AOR which IS a positive eligibility assessment..

 

[jes_ON]

you are not eligible for BOWP after your permit has expired, so you can't "restore" with a BOWP application. That's one of the eligibility requirements, you have to apply for the BOWP while your work permit is still valid.

It's a bad situation, I'm sorry to hear. At a minimum, you have to cease working. You could apply to restore status as a visitor, but you still cannot work. As a US citizen, you could leave Canada, and re-enter as a visitor for up to six months, but you'd have to be able to convince the folks at the border that you will not work while you're here, and that may be difficult under the circumstances. If you have a healthy bank account and can show you have the funds to support yourself without working, that might help.

You have 90 days from 8/19 to restore status, if you can find an employer willing to apply for an LMIA. Or you can leave Canada, if you find an LMIA-approved job, you can get a new work permit at the border without paying the restoration fee.

 

[tortau]

Hi

My initial BOWP application was refused on 19 Aug 2014 as I hadnt received the AOR till 22 Aug 2014. My work permit expired on 3 Aug 2014. I applied for restoration of Status on 12 Sep 2014. Today I got refused for restoration of status.. I am down 500 bucks and on the verge of mental breakdown. All my life is here, I am incorporated, my parents live in U.S I have a car a home..WTF am I supposed to do.... :'(

Refusal reason given was( I had submitted the AOR rcvd in email with the file number):

You have not provided evidence that you have received a positive eligibility decision on your
Permanent Resident application.

You do not have a work permit that was due to expire within 4
months of the date you submitted your application.

[X] After considering all the circumstances of your case, your application for a work permit
cannot be approved as requested without a valid Labour Market Impact Assessment and Citizenship and Citoyenneté et


Confirmation from Employment and Social Development Canada. Your prospective employer is
responsible for obtaining this confirmation.

[X] We also wish to advise you that your temporary resident status expired on 2014/08/19.

Hi rikstaker,

You're in a precarious situation so I would highly advise seeking an immigration lawyer asap to talk about your situation. The reason is because they know the laws better than you do and they can provide the best advice.

I've been in a situation like yours (but not as dire) and every time I apply for a new document, I have to reiterate all the "bad stuff" like loosing my status, overstaying pass expiration of document and being asked to leave the country. Surprisingly, with proper documentation, in person interview and representation, I managed to pop back in the country.

However, there is no way you can get a work permit renewal without a positive LMO (if one is required for the NOC). And the BOWP is now out of the question because you don't have the proper status. And now that you've lost your status, you have to leave the country in X days before you are breaking laws. I would highly recommend talking to a lawyer to see what you can do at this point - at least to get proper representation so that if they asked if you worked/remained in the country, your lawyer can provide some say that you were aware of your situation and needed time to handle affairs.

As an example, I had asked my boss to obtain LMO a few years ago. He botched it up because he didn't make the effort to put out resumes, etc and we received a negative LMO and my work permit was rejected. But I was still working while the application was in process (though the original WP already expired). I kept working until the day we had the lawyer come in to talk to us. He immediately told me to stop working and that he will add a note that I was working but that I was unaware of the fact that I no longer had the status in country to work. He can't lie but at least he was aware of my circumstances (because I was panicking like you are now) so he was able to provide a valid explanation of my situation and that I had ceased working after that. He eventually worked with my boss to get LMO and referral letters from clients (that I'm irreplaceable, etc) and evetually, we received a positive LMO and I managed to restore my status and received a new work permit.

 

[rikstaker]

Hi,

Thanks for the advice tortau and jes_on.

My parents are U.S citizens, i am not(long story), my citizenship is Indian. I still dont understand why they said in the refusal letter that i havent recieved positive eligibility, when I have and I attached it with my application for restoration. I am going to speak to a lawyer on Monday and see what my options are.

I am currently incorporated and have a canadian citizen as a co-director of my company, whatever work I do gets paid not on my SIN but to the company, I THINK I should be okay, but I'll check with my lawyer.

 

[jes_ON]

I still dont understand why they said in the refusal letter that i havent recieved positive eligibility, when I have and I attached it with my application for restoration.

You received a form letter that included usual reasons for refusing a BOWP. The other reason, "You do not have a work permit that was due to expire within 4 months of the date you submitted your application," is the real reason - should have been checked. Contesting the decision on the basis of the positive eligibility won't change the fact that that you did not have a valid work permit at the time you applied.

I am going to speak to a lawyer on Monday and see what my options are.

Not a bad idea.

 

[lau2014]

I'm sorry to hear your story...it remind me mine.... :'(

but I've not been able to get an LMO so me and my husband we are waiting for our PR from outside Canada. Because of our lawyer's mistake we had been working for three months without a regular visa becouse our visa extensión was refused and he didin't tell us anything. So we resigned right away and we tried to fix the situation.
We tried to explain everything to the Immigration officer at the border but he didn't care why it happened and he gave us 10 days to leave the Country.... our furniture are still in Calgary...

I hope you can find a solution

good luck

 

[Stacey120]

Please I need an advise , my restoration of status just got refused and I got a message to leave Canada since I have passed my 90days , I called my lawyer and he told me to go to the border , on getting there I was delayed for 6hours telling me I won't be able to enter Canada anymore because I don't have status , after crying and begging I was allowed in and my passport was seized and they collected my phone and found out that I worked for 2weeks after my status expired , on seeing that the immigration officer printed out a note for me for violation of rule and gave me just 2weeks to leave Canada , now I have booked my ticket and my lawyer told me to wait that I shld seek asylum , now I am confused shld I seek asylum or I shld go back to my home country and re apply

 

[canuck78]

Please I need an advise , my restoration of status just got refused and I got a message to leave Canada since I have passed my 90days , I called my lawyer and he told me to go to the border , on getting there I was delayed for 6hours telling me I won't be able to enter Canada anymore because I don't have status , after crying and begging I was allowed in and my passport was seized and they collected my phone and found out that I worked for 2weeks after my status expired , on seeing that the immigration officer printed out a note for me for violation of rule and gave me just 2weeks to leave Canada , now I have booked my ticket and my lawyer told me to wait that I shld seek asylum , now I am confused shld I seek asylum or I shld go back to my home country and re apply

You need a new lawyer first of all. Do you actually have grounds for asylum? Do you have proof that your life is in danger in your home country and that you have been persecuted? Seems like you were comfortable booking a flight home so doesn't seem like you fear for your safety. You were very lucky that to be admitted back into Canada.

 

[Stacey120]

You need a new lawyer first of all. Do you actually have grounds for asylum? Do you have proof that your life is in danger in your home country and that you have been persecuted? Seems like you were comfortable booking a flight home so doesn't seem like you fear for your safety. You were very lucky that to be admitted back into Canada.

I have consulted a new lawyer and he told me to seek asylum or leave too but what if I leave Canada and re apply outside Canada hope it will be granted I am just scared that hope I have not committed a crime by going to the border and my passport been seized because the paper that was given to be was based on inadmissible and they gave me two weeks to leave

 

[Mohammed Hanif]

Request For Verification Of Visa for Bangladeshi Passport Number BF0399003

 

[scylla]

I have consulted a new lawyer and he told me to seek asylum or leave too but what if I leave Canada and re apply outside Canada hope it will be granted I am just scared that hope I have not committed a crime by going to the border and my passport been seized because the paper that was given to be was based on inadmissible and they gave me two weeks to leave

Again, on what grounds would you be claiming asylum? You need a strong basis for claiming asylum and also must have evidence to support your claim. If you file for asylum and are refused, you will be forced to leave Canada and it will be very difficult to return in the future. This will also impact your ability to get visas for other countries such as the US and UK. So once again, what is your claim for asylum?

If you don't have very strong grounds for asylum, then you should leave Canada as soon as possible. What you have done will not be recorded as a crime. However what you have done will complicate future entries into Canada since you have overstayed and also worked illegally which you know you shouldn't have done. You want to leave as soon as possible.

Once you have returned home, you should not apply to return to Canada immediately. Since you worked illegally, this bans you from reapplying to work in Canada again for a period of six months. Ideally you should remain in your home country for a year to re-establish ties before you try to return to Canada. You have to overcome the fact that you have overstayed and also worked illegally. These are very serious violations of your status in Canada.

 

[Stacey120]

I

Again, on what grounds would you be claiming asylum? You need a strong basis for claiming asylum and also must have evidence to support your claim. If you file for asylum and are refused, you will be forced to leave Canada and it will be very difficult to return in the future. This will also impact your ability to get visas for other countries such as the US and UK. So once again, what is your claim for asylum?

If you don't have very strong grounds for asylum, then you should leave Canada as soon as possible. What you have done will not be recorded as a crime. However what you have done will complicate future entries into Canada since you have overstayed and also worked illegally which you know you shouldn't have done. You want to leave as soon as possible.

Once you have returned home, you should not apply to return to Canada immediately. Since you worked illegally, this bans you from reapplying to work in Canada again for a period of six months. Ideally you should remain in your home country for a year to re-establish ties before you try to return to Canada. You have to overcome the fact that you have overstayed and also worked illegally. These are very serious violations of your status in Canada.

will leave immediately but when I get my seized passport do I need an immigration officer to verify my departure so dat I won't have any problem coming into Canada in the future like an ARC