Restoration of work permit while PR application is in progress

[sudhanshu.arora92]

Hi there, I applied for PR through SINP. While my application is in progress I failed to apply for work permit extention.
I have now applied for work permit restoration within 90 day period of expiration of my work permit. i

I received a letter from IRCC asking me for explanation that why I don’t have legal status in Canada as of now. They said the requirement for the PR program is that you must have a valid status in country to be elegible for the program. They have asked me to give explanation.
I am going to explain the situation that I have applied for restoration and waiting for it to go through. Since my work permit expired I am not working and waiting for the approval of restoration.
In this situation with this explanation what are the chances that they will approve or deny my PR application ?
please help.

 

[moscatojuices]

Can I ask how exactly you lost status? Why didn't you apply for your work permit extension before your current one expired?

If you got nominated AFTER your current work permit expired (and hence received an SINP work permit support letter), why didn't you apply for visitor status to ensure your status was valid? You could have then used that WPSL to apply for a new work permit.

 

[sudhanshu.arora92]

I got nominated and applied for PR while I was on PGWP. When my PGWP expired I applied for a new work permit and got a Closed work permit.
When my closed work permit was expiring on Oct 2022 I informed my employer that atleast 1 month before that I need a complaince number to apply for extention. But because of change in upper managerial roles my employer was not able to provide my Complinace number on time. He did provide me compliance number but after my work permit got expired. As soon as I got compliance number I applied for restoration and a new work permit within 90 day period. I am still waiting for a decision.
But for PR application they need an explanation regarding me as out of status. And thats what’s confusing me that with the explantion letter written by my employer where he has admitted that it was his fault that he was not able to provide me with compliance number on time will IRCC accept it or will they refuse the application?

 

[moscatojuices]

Hi there, I applied for PR through SINP. While my application is in progress I failed to apply for work permit extention.
I have now applied for work permit restoration within 90 day period of expiration of my work permit. i

I received a letter from IRCC asking me for explanation that why I don’t have legal status in Canada as of now. They said the requirement for the PR program is that you must have a valid status in country to be elegible for the program. They have asked me to give explanation.
I am going to explain the situation that I have applied for restoration and waiting for it to go through. Since my work permit expired I am not working and waiting for the approval of restoration.
In this situation with this explanation what are the chances that they will approve or deny my PR application ?
please help.

It's impossible to say because IRCC will assess a variety of factors including your explanation, intent and circumstances and the law.

I personally feel your explanation is reasonable. It is not possible to apply for an extension to a work permit without the compliance number. So if you get the number after your permit expires due to your employer's incompetence (and you can prove it), it's hard to say you're at fault.

IRCC allows people to stay in Canada for 90 days after loss of status and provides a mechanism for restoration. You followed the law and applied to restore in 90 days after expiry, right? And I take it you stopped working? Make sure you give a very detailed explanation about the circumstances. If not comfortable, get a consultant.

 

[sudhanshu.arora92]

Yes, I have hired a consultant. And I did follow all the regulations. Thanks.

 

[kessyg]

Yes, I have hired a consultant. And I did follow all the regulations. Thanks.

Hi,
what happened to your PR after this ?