Spousal work permit extension

[joy2905]

I am on a spousal open work permit. My partner graduated last year September and she has received her 3 years open work permit. I landed in Canada last year June on spousal open work permit with 6 months validity expiring on December 31st 2019 - as my partner was having validity only until end of 2019 then.
Now she has her work permit valid until December 2022. I had applied for my spousal open work permit extension on December 9th, 2019 after she received confirmation on her application. In my application I had attached her paystubs for last 3 months (she works as a restaurant manager which comes under O category), her job offer letter, her new work permit , my job offer letter and my pay slips.
Today I received an update saying my application has been rejected, and the reason being that her job does not come under O category. I am confused as she works as a restaurant manager and in her job offer letter it was mentioned that she works as a shift manager clearly; so why was the application rejected?
Now my main concern after applying for the permit extension I got a new offer and I just started working with a big financial corporation and I have to produce my extended work permit in next one week, as agreed upon joining. While joining I had provided my application submission document and her work permit copy and other documents for proof.
Can I go to Niagara for flagpolling and get my work permit extended? Is there any risk if I go to a border for flagpolling as I currently don't have any valid status?
My lawyer says this is an issue with the officer as the comments in the file read that the job doesnt count under O or A category. He said we can redo the application as the documents from my stand point is clear.
Has some faced a similar situation. What should I be doing?

 

[k.h.p.]

I would not recommend flagpoling if you have no status.

 

[joy2905]

I would not recommend flagpoling if you have no status.

Can I reapply online and then go for flagpolling? And how long can I continue to work?

 

[k.h.p.]

You can't work if you have no status. You can apply online, but I would not recommend flagpoling. Your risk with flagpoling is being denied re-entry to the country.

 

[joy2905]

You can't work if you have no status. You can apply online, but I would not recommend flagpoling. Your risk with flagpoling is being denied re-entry to the country.

What do I need to do when I reapply? because my partner is already working as a restaurant manager and already received her 3 years work permit. And how long does it take in order to receive the status after applying again online

 

[joy2905]

You can't work if you have no status. You can apply online, but I would not recommend flagpoling. Your risk with flagpoling is being denied re-entry to the country.

and Can I continue to work after reapplying as I am on my visa extension application.

 

[canuck78]

Don’t believe you had implied status either when you applied for a SOWP based on your partner’s PGWP. How many employees are working under her in her shift? Is it a large restaurant?

 

[joy2905]

Don’t believe you had implied status either when you applied for a SOWP based on your partner’s PGWP. How many employees are working under her in her shift? Is it a large restaurant?

How do I know about the implied status? Where is it mentioned as implied?. I received the application confirmation letter. She works for as a restaurant manager for Popeyes Restaurant chain. The offer letter submitted was in Popeyes letter head. Not sure why it go rejected? Can I continue to work after applying online again?

 

[joy2905]

Don’t believe you had implied status either when you applied for a SOWP based on your partner’s PGWP. How many employees are working under her in her shift? Is it a large restaurant?

is there a number limit that specific number of employees should be there under her?

 

[canuck_in_uk]

How do I know about the implied status? Where is it mentioned as implied?. I received the application confirmation letter. She works for as a restaurant manager for Popeyes Restaurant chain. The offer letter submitted was in Popeyes letter head. Not sure why it go rejected? Can I continue to work after applying online again?

You had Implied Status until you were refused. That should be specified in the refusal letter.

You are now out of status and NOT allowed to work until you once again have an approved work permit. You need to apply for Restoration. This can take many months.

 

[joy2905]

You had Implied Status until you were refused. That should be specified in the refusal letter.

You are now out of status and NOT allowed to work until you once again have an approved work permit. You need to apply for Restoration. This can take many months.

Does it mean that reapplying with documents again is restoration process? and is there a specific time frame in which the officer responds?

 

[canuck78]

is there a number limit that specific number of employees should be there under her?

To be a shift supervisor you actually need enough employees to warrant such a position. If there is a restaurant manager and then a shift manager while the restaurant only has 6 employees the title has been created just to get NOC 0. Is she being paid a higher salary for her management role?

 

[joy2905]

To be a shift supervisor you actually need enough employees to warrant such a position. If there is a restaurant manager and then a shift manager while the restaurant only has 6 employees the title has been created just to get NOC 0. Is she being paid a higher salary for her management role?

She is the Manager of the restaurant and is responsible for the store and inspection when a food quality inspector arrives. I mentioned shift manager because that is what was mentioned in the offer letter given to her. Does she need to change the wording to restaurant manager and an explanation from the owner explaining the same. Will that help?

 

[canuck_in_uk]

Does it mean that reapplying with documents again is restoration process? and is there a specific time frame in which the officer responds?

https://www.canada.ca/en/immigratio...ry-residents/visitors/restoration-status.html

No, there is no specific time frame. Expect it to take several months, during which time you are not allowed to work.

She is the Manager of the restaurant and is responsible for the store and inspection when a food quality inspector arrives. I mentioned shift manager because that is what was mentioned in the offer letter given to her. Does she need to change the wording to restaurant manager and an explanation from the owner explaining the same. Will that help?

The letter should specifically state the NOC and her job duties to prove it is a skilled position.

 

[joy2905]

You had Implied Status until you were refused. That should be specified in the refusal letter.

You are now out of status and NOT allowed to work until you once again have an approved work permit. You need to apply for Restoration. This can take many months.

Is reapplying considered as Restoration or applying for restoration is a separate process?