Restoration work permit application got rejected

[Need_help_please]

Hello All,

I really need your help because I am in very bad situation right now.

I received invitation to submit my PR application on 8th January 2019 and my work permit was expiring on 10th JAN.2019. My lawyer submitted application for work permit extension (for me and my spouse) based on the invitation that I received.

But the invitation that I received it was only for me. My spouse was not included. Later the draw went down and I got another invitation (22nd Jan, 2019) with my spouse (in different profile).

So I Submitted my PR application (with spouse) on 5th March, 2019. I haven't received any update after Medical got approved.

At the same time my Work permit extension application got rejected before I submit my PR application. It got rejected on 26 Feb, 2019. (I stopped working since then).

My lawyer said they should not be rejecting my work permit. Then lawyer submitted PR application on 5th Mar,2019 and Work permit restoration application on 22nd MAR, 2019.

Yesterday, they again rejected my work permit restoration application saying that I am not eligible for bridging work permit as my status was expired on 26 Feb, 2019 (When my first work permit was rejected).

I spoke with my lawyer and he is saying that your restoration work permit application got rejected even your CEC PR application is submitted. Now he is saying that he submitted review application to the officer who made the decision (he also sent me the copy of it).

What should I do in this situation. Please help. I dont know which way to go. Anyone please help me out on this situation.

 

[jes_ON]

Hello All,

I really need your help because I am in very bad situation right now.

I received invitation to submit my PR application on 8th January 2019 and my work permit was expiring on 10th JAN.2019. My lawyer submitted application for work permit extension (for me and my spouse) based on the invitation that I received.

But the invitation that I received it was only for me. My spouse was not included. Later the draw went down and I got another invitation (22nd Jan, 2019) with my spouse (in different profile).

So I Submitted my PR application (with spouse) on 5th March, 2019. I haven't received any update after Medical got approved.

At the same time my Work permit extension application got rejected before I submit my PR application. It got rejected on 26 Feb, 2019. (I stopped working since then).

My lawyer said they should not be rejecting my work permit. Then lawyer submitted PR application on 5th Mar,2019 and Work permit restoration application on 22nd MAR, 2019.

Yesterday, they again rejected my work permit restoration application saying that I am not eligible for bridging work permit as my status was expired on 26 Feb, 2019 (When my first work permit was rejected).

I spoke with my lawyer and he is saying that your restoration work permit application got rejected even your CEC PR application is submitted. Now he is saying that he submitted review application to the officer who made the decision (he also sent me the copy of it).

What should I do in this situation. Please help. I dont know which way to go. Anyone please help me out on this situation.

This is very troubling. Based on the info you provided, your lawyer is consistently wrong. To be eligible for a Bridging Open Work Permit, you must have submitted your PR application and received your AOR before you submit the BOWP application; also, you must still have a valid work permit at the time you submit the application.

The first BOWP application was correctly refused because you had not submitted your PR application.

The second BOWP application was correctly refused because you did not hold a valid work permit at the time. You simply are not eligible for a BOWP if you also have to "restore."

And you have now overstayed in Canada beyond the 90-day restoration period, you cannot even restore/change to visitor status. You will have to leave Canada as soon as humanly possible.

There is no excuse for your lawyer not to know this. And his bad advice has put your entire PR application in jeopardy, because you have overstayed. If it were me, I'd be filing a complaint against the lawyer (after getting new representation and getting out of Canada).

I am so sorry - I'm sure you paid good money thinking you would be doing the right thing, and instead it has gone horribly wrong...

 

[scylla]

Agreed with all of the above unfortunately. You need to fire your lawyer and leave Canada. It's too late to fix your status from within Canada.

 

[Need_help_please]

Thank you jes_ON and scylla for your rep. Is there any way I can apply for Student visa again. I am ready to pay any fees. I hope both these rejection will not effect my PR application.

I will have to make decision of leaving canada Today. Please help.

 

[k.h.p.]

With two extensions rejected, applying for a study permit is most likely to be rejected on the grounds that you will not leave Canada when the permit is finished.

I suppose you could try, but if it's rejected, you'll have been overstaying in Canada for quite some time.

 

[Need_help_please]

Thank you k.h.p for your rep.

Will this have any impact on my PR application ?

 

[k.h.p.]

I don't know.

 

[jes_ON]

Thank you jes_ON and scylla for your rep. Is there any way I can apply for Student visa again. I am ready to pay any fees. I hope both these rejection will not effect my PR application.

I will have to make decision of leaving canada Today. Please help.

If that is what you want to do, I would advise leaving Canada and doing it from outside.

 

[jes_ON]

Thank you k.h.p for your rep.

Will this have any impact on my PR application ?

Overstaying? Yes, it very well could. People who stay in Canada without authorization tend to get deported and banned, not approved for Permanent Residence. That's why it is important to leave as soon as possible, to show that you have a bit of respect for Canadian law and immigration regulations.

 

[Need_help_please]

If I go back to home country, then Do I have to apply for my PR application again or They will still work on the current submitted application ?

Once again thank you for all your help

 

[jes_ON]

If I go back to home country, then Do I have to apply for my PR application again or They will still work on the current submitted application ?

There is no requirement that you remain in Canada while they process your PR application. They will continue to work on the submitted application. Although given the lawyer's other errors, you might not want to get your hopes up with this.

If you fire your lawyer and want to appoint a new one, or just fire your lawyer and have IRCC communicate directly with you, you will have to file this form:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-representative/change-cancel.html

You will also want to submit your change of address ASAP so that the VOs know that you left Canada -

You can submit both by using the webform -
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx

 

[Need_help_please]

Thank you so much jes_ON for the information. I thought once I leave Canada, I will have to submit my PR application again. Thank you for all your help.

 

[r00hi]

sue your lawyer for wrong advise! the above seniors have advised you the correct thing. hope things work out good for you!