Urgent: CIC refused my work permit application, ITA already received!

[daomingli]

Hi Guys,

Your help is needed, urgently as I don't know what to do anymore!

My 3-yr post graduation work permit expired last November, on Oct 15 I submitted my work permit extension application online, at that moment I had not been invited for EE. Jan 06 2016, I got the ITA invitation and on Jan 22 I submitted the PR application! Today I got an refusal letter from CIC that my application for work permit extension is refused as my positive eligibility assessment on the APR is not yet passed! I was working under implied status for the past two months and my temporary resident status expire TODAY!

They say that I might apply for restoration, within 90 days from today! What should I do now? Does anyone know if I apply for restoration, am I still be eligible to work right now under implied status? And ITA received does not guarantee they approve my work permit extension, right?

Guys your help is really needed now!! Please help me!!

 

[rajibsam]

Hi Guys,

Your help is needed, urgently as I don't know what to do anymore!

My 3-yr post graduation work permit expired last November, on Oct 15 I submitted my work permit extension application online, at that moment I had not been invited for EE. Jan 06 2016, I got the ITA invitation and on Jan 22 I submitted the PR application! Today I got an refusal letter from CIC that my application for work permit extension is refused as my positive eligibility assessment on the APR is not yet passed! I was working under implied status for the past two months and my temporary resident status expire TODAY!

They say that I might apply for restoration, within 90 days from today! What should I do now? Does anyone know if I apply for restoration, am I still be eligible to work right now under implied status? And ITA received does not guarantee they approve my work permit extension, right?

Guys your help is really needed now!! Please help me!!

You may have to apply for BOWP. But first call CIC and tell them your current situation. They should be able to guide you.

 

[scylla]

Hi Guys,

Your help is needed, urgently as I don't know what to do anymore!

My 3-yr post graduation work permit expired last November, on Oct 15 I submitted my work permit extension application online, at that moment I had not been invited for EE. Jan 06 2016, I got the ITA invitation and on Jan 22 I submitted the PR application! Today I got an refusal letter from CIC that my application for work permit extension is refused as my positive eligibility assessment on the APR is not yet passed! I was working under implied status for the past two months and my temporary resident status expire TODAY!

They say that I might apply for restoration, within 90 days from today! What should I do now? Does anyone know if I apply for restoration, am I still be eligible to work right now under implied status? And ITA received does not guarantee they approve my work permit extension, right?

You have to stop working immediately. You are now in Canada without status (you no longer have implied status). You will need to apply for restoration in order get yourself back in status. Without an LMIA - you cannot restore your status back to worker. You will have to restore your status to visitor if you want to wait out the processing of your EE application in Canada. Obviously as a visitor in Canada you will not be eligible to work.

 

[scylla]

You may have to apply for BOWP. But first call CIC and tell them your current situation. They should be able to guide you.

No - a BOWP is not possible. You need to have a valid work permit in order to apply for a BOWP. OP no longer has a valid work permit.

 

[SSLEE]

I am in same situation as you.

Had 3 year Post graduate work permit, but couldn't extend my work permit because my LMIA was refused. (im in oil and gas industry in Calgary.. so it was pretty much impossible to get LMIA in my sector)

as soon as you get the refusal letter, you can no longer work.
You should apply to restore your status as a visitor meanwhile but you are not under "implied status"
you are pretty much out of status and you can stay in Canada while your restoration is going thru then you can be a "visitor" status. or you can leave and wait for your PR to go thru at your home country

I had an immigration lawyer but he was pretty much useless..

Also, you can't apply for open bridge work permit since you are already out of status.

I applied for my PR in November so I've been just hanging out in Canada as a visitor (restored my status) and not working.
Hoping that I would get an answer for my PR by end of March.

so if you can afford to stay here without working until you hear back your PR then do it, if not go home and wait there

 

[Pawandeep singh]

apply for a visitor visa . i suppose u should apply for restoration period first.

 

[Gregor.Samsa]

Never left a Permit expire!!!!

I don't know if you a BOWP can be obtained, but you should apply for one during the restoration Period.
Apply online, take longer so, if you're lucky, Eligibility will be passed.


Apply immediately for visitor visa to stay legally.

You must stop working at the end of your WP, I don't think you can continue working on Restoration Period

Make plans in case you have to leave temporary Canada until get PR obtained, before leave inform CIC of your new address to submit COPR (if PR approved)

Good luck

 

[Gregor.Samsa]

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

Continue to work or study

Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

 

[sidaktoronto]

You have to stop working immediately. You are now in Canada without status (you no longer have implied status). You will need to apply for restoration in order get yourself back in status. Without an LMIA - you cannot restore your status back to worker. You will have to restore your status to visitor if you want to wait out the processing of your EE application in Canada. Obviously as a visitor in Canada you will not be eligible to work.

Just wanted to ask a question.I had valid open work permit till 31 JULY 2015 as my wife was student during this time and applied for extension on July 20, 2015.
So during the time I was on Implied status I received ITA and applied for permanent residency on Oct 7 , 2015.
But as my wife's work permit was still under processing my work permit application was rejected on October 21,2015. I was told to apply for restoration of status within three months.
In December my wife received her work permit for three years and as she also has NOC-B job I applied for work permit on her behalf. I applied for restoration of status as worker on Dec 25, 2015.

Ijust wanted to ask if I did everything right here or I went wrong somewhere ?

 

[daomingli]

I am in same situation as you.

Had 3 year Post graduate work permit, but couldn't extend my work permit because my LMIA was refused. (im in oil and gas industry in Calgary.. so it was pretty much impossible to get LMIA in my sector)

as soon as you get the refusal letter, you can no longer work.
You should apply to restore your status as a visitor meanwhile but you are not under "implied status"
you are pretty much out of status and you can stay in Canada while your restoration is going thru then you can be a "visitor" status. or you can leave and wait for your PR to go thru at your home country

I had an immigration lawyer but he was pretty much useless..

Also, you can't apply for open bridge work permit since you are already out of status.

I applied for my PR in November so I've been just hanging out in Canada as a visitor (restored my status) and not working.
Hoping that I would get an answer for my PR by end of March.

so if you can afford to stay here without working until you hear back your PR then do it, if not go home and wait there

Without LMIA, can I restore my status back to when I first started to submit BOWP, like right before my work permit expire in NOV 2015?? I just happened to not let them know in time that I already got the invitation and my PR application is being processed. When restore status, it can only be restored as a visitor?? without LMIA. Were anyone being invited and restore and renew their work permit. not a visitor？？？？？？

 

[Gregor.Samsa]

Without LMIA, can I restore my status back to when I first started to submit BOWP, like right before my work permit expire in NOV 2015?? I just happened to not let them know in time that I already got the invitation and my PR application is being processed. When restore status, it can only be restored as a visitor?? without LMIA. Were anyone being invited and restore and renew their work permit. not a visitor？？？？？？

Your only chance right now is apply for visitor status IMMEDIATELY

Be absolutely sure application is correctly filled, payed and submitted.

You should include a good letter of explanation.

I can't say if needed, but better explain clear and truthfully your situation to let CIC know how did you lost status (application rejected due to a mistake providing information ), and why you want to stay in Canada (not only waiting for PR, you can add you would like to use this time to visit some specific areas of Canada or your province, visit friends or something)


You must fulfill all visitors requirements (proof of funds could be useful)

I hope you stopped working immediately after receive BOWP rejection, in that case adding a letter explaining it and a employer letter confirming could help to probe you're willing to stay here legally.

Please cheek this out:

http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp

Question 7
From the list, select the appropriate information to indicate your immigration status in Canada:

Visitor
Worker
Student
Other
Protected Person
Refugee Claimant
Foreign National
Other: This section must be completed if you selected "Other" as a status.

Provide the dates (From-To) to indicate how long you have had this status.

For out-of-status applicants:

Under “Status” select “Foreign National”;

You can't apply for BOWP:

http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp

The following foreign nationals do not qualify for a BOWP:

foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status;

-----

Your course of action should be:

1.- Apply immediately for visitor status
2 - Wait until PR application finish.
If EE application is OK you can expect PR in 3-4 months hopefully
3.- I'm the meantime look for a LMIA employment.


If Visitor status is refused there's a last shot, but I don't know how it works : Temporary Resident Permit.

http://www.cic.gc.ca/english/resources/tools/temp/permits/
http://www.cic.gc.ca/english/information/applications/extend-permit.asp

I even don't know if you can/must apply for TRP right know, perhaps it's a option

Normally, persons who do not meet the requirements of the Immigration and Refugee Protection Act (IRPA) are:

refused permanent resident or temporary resident visas abroad;
refused Electronic Travel Authorization (eTA);
denied entry at a port of entry; or
refused processing within Canada.

In some cases, however, there may be compelling reasons for an officer to issue a TRP to allow a person who does not meet the requirements of the Act to enter or remain in Canada.

In the doubt, better apply immediately both Visitor and TRP because you're running out of time

 

[Gregor.Samsa]

Please note I'm not a expert, just trying to use my little knowledge and Google to find CIC information

 

[daomingli]

Please note I'm not a expert, just trying to use my little knowledge and Google to find CIC information

thank you very much for your concern, yes, i stopped my employment right away. however right now i am just trying to figure out why they rejected me:

2015 Oct: i submitted work permit extension application;
Nov: my 3-yr post graduation work permit officially expired;
2016 Jan: ITA and AOR, no LMIA, no PNP;
2016 Feb 1: my BOWP got rejected, on the rejection letter, it says: you have failed to meet the eligibility requirements for bridging open work permit because positive eligibility assessment on your APR is not passed yet.

so i am highly confused, which is the reason they rejected me:
1) when I applied, i was not invited by EE yet?
2) the officer did not know that i am currently invited?? ---- i did not add the fact that i am invited by EE on my submitted BOWP; and the department work on BOWP application has no access to see I am invited by EE
3) the BOWP officer did see that I got invited however I havent passed yet, what they might refer to as R10, so they decided to reject me?

in Chinese Immigration forum, one person said restoration can actually get the BOWP back, but then he did not any of my question further. I am just wondering does anyone here know about this situation, thanks my friends!

 

[Eucalyptus]

thank you very much for your concern, yes, i stopped my employment right away. however right now i am just trying to figure out why they rejected me:

2015 Oct: i submitted work permit extension application;
Nov: my 3-yr post graduation work permit officially expired;
2016 Jan: ITA and AOR, no LMIA, no PNP;
2016 Feb 1: my BOWP got rejected, on the rejection letter, it says: you have failed to meet the eligibility requirements for bridging open work permit because positive eligibility assessment on your APR is not passed yet.

so i am highly confused, which is the reason they rejected me:
1) when I applied, i was not invited by EE yet?
2) the officer did not know that i am currently invited?? ---- i did not add the fact that i am invited by EE on my submitted BOWP; and the department work on BOWP application has no access to see I am invited by EE
3) the BOWP officer did see that I got invited however I havent passed yet, what they might refer to as R10, so they decided to reject me?

in Chinese Immigration forum, one person said restoration can actually get the BOWP back, but then he did not any of my question further. I am just wondering does anyone here know about this situation, thanks my friends!

I would guess that they rejected you because at the time you submitted, you were not eligible (you did NOT receive ITA). It could be that coupled with the fact that your current application has not yet reached the completeness check (R10). The completeness check is where they have determined that your application is..well...complete.

Instead of trying to figure out why it was rejected, because the reason is pretty much irrelevant at this point, you should apply for restoration immediately and proceed from there. Hopefully you have already started working on that.

 

[Gregor.Samsa]

I would guess that they rejected you because at the time you submitted, you were not eligible (you did NOT receive ITA). It could be that coupled with the fact that your current application has not yet reached the completeness check (R10). The completeness check is where they have determined that your application is..well...complete.

Instead of trying to figure out why it was rejected, because the reason is pretty much irrelevant at this point, you should apply for restoration immediately and proceed from there. Hopefully you have already started working on that.

Agreed!

You were NOT eligible for BOWP when you applied.
There are some different ways you could did but now you must focused on Restoration of Status immediately