+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

TWP application is refused, told to leave Canada...advice?

Leo11

Newbie
Jun 19, 2019
9
0
So my temporary work permit application has been refused because my 6 month tourist visa expired.

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] Immigration legislation requires that foreign nationals wishing to remain longer in Canada submit an application for extension of their temporary resident status on or before the expiry of the authorized period. Your temporary resident status in Canada expired on September 21, 2019 and your application was made on October 4, 2019.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

Once I've left Canada (need to find a flight in the next day or two), am I allowed to re-apply (from outside Canda)?
Or is Canada saying I can't live with my wife because the tourist visa expired?
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So my temporary work permit application has been refused because my 6 month tourist visa expired.

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] Immigration legislation requires that foreign nationals wishing to remain longer in Canada submit an application for extension of their temporary resident status on or before the expiry of the authorized period. Your temporary resident status in Canada expired on September 21, 2019 and your application was made on October 4, 2019.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

Once I've left Canada (need to find a flight in the next day or two), am I allowed to re-apply (from outside Canda)?
Or is Canada saying I can't live with my wife because the tourist visa expired?
Yes - you can reapply from outside of Canada.

I assume you stopped working on September 21st when your work permit expired?
 

Leo11

Newbie
Jun 19, 2019
9
0
I never started working - sorry, maybe I didn't say, I came on a 6 month tourist visa when my (then girlfriend) was offered a job at fairly short notice. We came together, she has a 4 year temp worker contract, I came on a 6 month tourist visa. We married here in Canada, but the processing of my marriage certificate over-ran, and my application for the work permit was 10 days after my tourist visa expired.
I thought that as the visa application was advertised to take less than 90 days, if I was required to apply for a visitor extension, I would still have time to do so. But then my work visa application also overran, and I received the message above. I'm now looking for affordable short-notice flights, but long-term, I hope I can re-apply for the spouse work permit once I have left Canada. I wasn't trying to break any laws.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I never started working - sorry, maybe I didn't say, I came on a 6 month tourist visa when my (then girlfriend) was offered a job at fairly short notice. We came together, she has a 4 year temp worker contract, I came on a 6 month tourist visa. We married here in Canada, but the processing of my marriage certificate over-ran, and my application for the work permit was 10 days after my tourist visa expired.
I thought that as the visa application was advertised to take less than 90 days, if I was required to apply for a visitor extension, I would still have time to do so. But then my work visa application also overran, and I received the message above. I'm now looking for affordable short-notice flights, but long-term, I hope I can re-apply for the spouse work permit once I have left Canada. I wasn't trying to break any laws.
You had no status when you applied for your work permit and therefore never had any chance of approval. You needed to apply for a visitor extension prior to September 21.

You can apply from outside of Canada.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I never started working - sorry, maybe I didn't say, I came on a 6 month tourist visa when my (then girlfriend) was offered a job at fairly short notice. We came together, she has a 4 year temp worker contract, I came on a 6 month tourist visa. We married here in Canada, but the processing of my marriage certificate over-ran, and my application for the work permit was 10 days after my tourist visa expired.
I thought that as the visa application was advertised to take less than 90 days, if I was required to apply for a visitor extension, I would still have time to do so. But then my work visa application also overran, and I received the message above. I'm now looking for affordable short-notice flights, but long-term, I hope I can re-apply for the spouse work permit once I have left Canada. I wasn't trying to break any laws.
The work permit never had any chance of being approved because you were already out of status at the time you applied.

Yes - you can reapply for the work permit once you are outside of Canada.
 

Leo11

Newbie
Jun 19, 2019
9
0
The work permit never had any chance of being approved because you were already out of status at the time you applied.

Yes - you can reapply for the work permit once you are outside of Canada.
Another problem, this time not my mistake (I think). Canada Immigration sent me a pdf with instructions on getting biometrics. I'm in the USA. The instructions say that I can go to a US Application Support Center (ASC). There's a section on the form for the ASC to use. When I phoned the ASC a woman told me that they do not provide this service for Canadian visas anymore. Either she's wrong, or the USA forgot to tell Canada that they're not sharing biometric info anymore.

Any ideas on this?