TRS expiration same day with refusal letter >>> Restoration + OWP

[bclocal]

Good day everyone.

My wife and I applied simultaneously about two months ago for
Me -> PGWP - I am an International student.
Wife -> OWP extension.

Yesterday she received a letter of refusal which stated that we didn't prove that I fell within NOS skill level 0, A, B.

I have to admit, we were unaware of the necessity of enclosing this proof ( which we can actually provide - I have an employer who can provide with everything necessary; my profession fall within required skill level )

Our visas expired ( I was a student and she was a worker ) at the end of March - we were in implied status.

The most frustrating thing about the letter was the date of her TRS expiration which coincided with the date they sent us this refusal letter !!! Literally they informed us about the expiration the same day her TRS expired ! Shouldn't they at least give some time or it was because of our implied status ?

They clearly state in the letter that now she may reapply for OWP ( with all the necessary proofs provided ) but she also needs to restore her status so she has to stop working now.

I called 2 agents the same day and they approved that - she lost her status and now she has to do the restoration.

It is interesting to notice that I checked my application status with them as well and they told that it has been approved, but I still don't see it in my profile ... They told me to wait ... The next day it changed to approved but I still didn't receive the system message with approval confirmation.

My wife has great relations with her employer and at the moment her company is experiencing labor shortage !!! Such a bad time to leave the work, eh ? :\

Her employer is ready to give us support letter as well so we can attach it to the new application !

my questions are :

• Is it normal to get to know about your TRS expiration the same day it expires ?
• Is it possible to speed up the application review adding sufficient explanation letter and all the necessary documents ( letter from my and her employer, my payslips, my PGWP ) ?
• Were there any cases when your restoration status was reviewed faster provided you had a reasonable excuse ?
• Does our case somehow fall under somewhat exceptional case ?

It is really not great to lose a couple of months when she could work ( and her employer is really interested in that ) and we could actually send all the necessary proofs right away !

Thanks !

 

[scylla]

I'm not sure what a TRS is. I assume you mean a TRV?

Your case isn't exceptional in any way - it's actually pretty normal to see situations where people end up in restoration for failing to submit complete applications. Note that for the OWP to have been approved, you not only needed to provide proof you had a full time job offer that was NOC A, B or 0 - but also proof that you are actually working in this role through at least one pay slip. Make sure you include this information when you reapply. As for when the refusal was received, that was probably just a fluke - not they aren't obligated to give you any time if you are on implied status. They simply process the application and if it's refused they notify you.

She does absolutely need to apply for restoration along with the OWP. There's no expedite process and unfortunately no reason to believe that your application will be processed sooner because you have a reasonable excuse and all of the right paperwork (as I'm sure you can understand, most people applying for restoration believe they have a reasonable excuse and want their application processed as soon as possible).

I would be prepared for the fact that she may be waiting four plus months before her restoration is approved (and obviously be unable to work during this time). Get the application in as soon as you can. Don't bother with the support letter from her employer. It serves no purpose (has no impact on whether she is approved or refused) and may end up confusing the officer. Stick to the required documents. Good luck.

 

[bclocal]

Many thanks for your reply scylla ! :

yeah, I meant TRV -> S means Status.

Seems like your explanation makes sense.

I'm just trying to understand now - was that refusal inevitable ? Because I could add all the necessary proofs only after I get PGWP !

I have read through a lot of threads here and there were cases when restoration was a matter of 1 week !! Is that even hypothetically possible ?

Thanks !

 

[scylla]

I'm just trying to understand now - was that refusal inevitable ? Because I could add all the necessary proofs only after I get PGWP !

I have read through a lot of threads here and there were cases when restoration was a matter of 1 week !! Is that even hypothetically possible ?

If you weren't already working for the employer at the time you applied - then yes, the refusal was inevitable. To avoid this, people will start working full time on their open work permits (which is prefectly legal after you complete your education) and wait to recieve one pay slip before applying for a PGWP.

All of the restorations I've seen here recently have taken 2-4 months. But I supposed anything is possible. I would be extremely surprised if 1 week as possible.

 

[bclocal]

thanks scylla !!

What are the chances CIC would check if she stopped working ?
Does this check happen to be a mandatory part of the status restoration process ?
What is the usual way of checking ?
What are the possible consequences if CIC found out you didn't stop working ?

thanks again for your help !!

 

[scylla]

thanks scylla !!

What are the chances CIC would check if she stopped working ?
Does this check happen to be a mandatory part of the status restoration process ?
What is the usual way of checking ?
What are the possible consequences if CIC found out you didn't stop working ?

Under NO circumstances should she continue working. She needs to stop immediately if she hasn't already - this isn't something you want to play games with if you want to have any future in Canada. Continuing to work is illegal and could very easily jeopardize her chances of having the restoration application approved and being able to stay in Canada (it could even trigger a ban from Canada). It could also jeopardize future applications to Canada. It's quite easy to verify if she's still working or not. Again, this is not something you want to play games with. As for consequences, they are: kicked out of Canada + ban + not being allowed to return.

 

[bclocal]

thank you very much for your help scylla ! We appreciate that.

 

[bclocal]

So we re-applied on 5th of May and application was approved on 20th of May. 15 days !

Hope it helps someone.

Good luck !