Urgent Plz Help Wrongful Refusal to My SOWP

[Neaea]

i try to find an official source but unfortunately there is none, above is my conclusion based on various sources

regardless, you don’t have the choice to appeal this decision either so i don’t think there is anything else that you can do

If you have other unofficial sources, could you please also share here? I'd like to confirm whose negligence it is. Thank you ahead.

 

[Neaea]

So you have been given a removal order? You applied inland so IRCC knows where you are. All you had to do was apply to extend stay as visitor prior to around October (don’t know date of entry) and you would have maintained status. When you applied for WP, you had status as a visitor but when IRCC opened file to review in October or after, it showed that you were out of status. Therefore rightly refused.

You have bigger issues if you have been told to leave Canada immediately. May want to retain an immigration lawyer.

Yes IRCC said I'm now without status.
Though here is the reason they gave me :

An application for restoration must be made within 90 days after loss of temporary resident status. You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada your application for a Work Permit is also refused.

They said it's beyond 90 days period for restoration. But since I theoratically lost my status on Oct 8, I'm still within the window. That clearly indicated that the officier thought I was in Canada with my long exipired work permit and completely neglected all the other documents. Hope that makes sense to you.

 

[armoured]

. That clearly indicated that the officier thought I was in Canada with my long exipired work permit and completely neglected all the other documents. Hope that makes sense to you.

Your first post stated that your agent uploaded the info about your student permit rather than the rec and entry.

That would seem to be the source of any confusion?

 

[armoured]

Yes IRCC said I'm now without status.
Though here is the reason they gave me :

An application for restoration must be made within 90 days after loss of temporary resident status. You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada your application for a Work Permit is also refused.

They said it's beyond 90 days period for restoration.

When did you submit the application for restoration? You didn't mention it before.

 

[Neaea]

Your first post stated that your agent uploaded the info about your student permit rather than the rec and entry.

That would seem to be the source of any confusion?

Sorry I saw I made a typo there. So to set it straight, I came to Canada in Apr as a visitor but my agent along with my other documents, also uploaded my expired wp but I didn't enter Canada with that one.

 

[armoured]

Thank you so much for your detailed explanation. But I guess I wasn't clear enough about my situation. When I applied for my OWP, I had valid visitor status and given the link you put there which was also the one I used for application, there are only two categories: applicants with valid status when applying and applicant without status. I was the former and I applied with AOR. On that page, there's no info about what we should do after applying.
The work permit I had was irrelevant, I didn't came to Canada with that work permit this time since it was already expired months before my entry lol.

Sorry I'm replying out of order with your posts, hadnt seen this reply.

Best I can understand from your timeline: you applied for the OWP in August (when did you apply for spousal sponsorship? When did you get the AOR?); and you did not apply to extend your visitor status in October; and then recently you got the refusal of the OWP.

This seems correct to me. Your visitor status expired before the OWP was evaluated, and hence you were out of status, and hence refused the OWP (the links I put seem clear you must be in status and that means maintaining status; even if ambiguous, still your responsibility).

Now separately you write you applied to restore status (when?), if your timeline is correct, then I don't understand why that was refused, but there was the point that your agent had submitted the wrong record when you originally applied. (While you can argue that IRCC could have/should have noticed, it's entirely possible that caused the confusion).

 

[armoured]

Sorry I saw I made a typo there. So to set it straight, I came to Canada in Apr as a visitor but my agent along with my other documents, also uploaded my expired wp but I didn't enter Canada with that one.

The agent uploading that could have caused an entry in the file that caused the confusion.

 

[Neaea]

When did you submit the application for restoration? You didn't mention it before.

I didn't. So there the italics are from IRCC. That's how I came to realize they made mistake here. Even if I was required to extend my status to remain eligible, I'd still be able to restore my status unlike what's stated by IRCC since I came in April. But they said I was not eligible becuz it's been more than 90 days. So it is more obvious that they only looked at my wp instead of any other docs there including my TRV page.

 

[Neaea]

The agent uploading that could have caused an entry in the file that caused the confusion.

Yes that could be. But there are more than enough documents indicating I came in April. It's not rocket science to understand the first a few sections on WP application form I suppose? LOL

 

[Neaea]

Sorry I'm replying out of order with your posts, hadnt seen this reply.

Best I can understand from your timeline: you applied for the OWP in August (when did you apply for spousal sponsorship? When did you get the AOR?); and you did not apply to extend your visitor status in October; and then recently you got the refusal of the OWP.

This seems correct to me. Your visitor status expired before the OWP was evaluated, and hence you were out of status, and hence refused the OWP (the links I put seem clear you must be in status and that means maintaining status; even if ambiguous, still your responsibility).

Now separately you write you applied to restore status (when?), if your timeline is correct, then I don't understand why that was refused, but there was the point that your agent had submitted the wrong record when you originally applied. (While you can argue that IRCC could have/should have noticed, it's entirely possible that caused the confusion).

Let me properly format my timeline:

April: entered Canada on TRV
August: received AOR and applied for WP immediately. AIP received after 2 weeks.
Dec: WP was refused becuz IRCC said I was out of status and not eligible to restore since I've lost my status more than 90 days.

So primary school math question right lol

Also, neither of your links can confirm that IRCC requires applicant to extend their status after applying for OWP. So I'm still wondering how you got to know about it?

 

[armoured]

Yes that could be. But there are more than enough documents indicating I came in April. It's not rocket science to understand the first a few sections on WP application form I suppose? LOL

It's also not rocket science to submit the correct form, which apparently your agent was not capable of.

 

[armoured]

Let me properly format my timeline:

April: entered Canada on TRV
August: received AOR and applied for WP immediately. AIP received after 2 weeks.
Dec: WP was refused becuz IRCC said I was out of status and not eligible to restore since I've lost my status more than 90 days.

You haven't stated when you applied for spousal sponsorship.

Now one small note: if you received AIP already, and assuming AOR was 30-60 days after you applied, there is a decent chance you'll get PR approved fairly soon, and before you would (at this point) have any chance of getting the work permit approved. And pursuing the work permit now energetically might (perversely) slow down the PR processing (if the officer involved has to deal with the paperwork about your work permit, and I don't have enough info about their internal processes to say). Caveat of course that I have no idea how long your PR might take at this point, either.

So you have some choices to make. Some things you COULD do:
-order gcms notes. Would take 30 days minimum, usually, possibly longer. At least it would not slow down your PR processing. You may be able to piece things together with that to figure out next steps.
-You could write to request reconsideration based on the facts that you lay out (I'd suggest without attacks or snark).
-You could apply now for restoration of status - again, laying out just the facts about when you entered and noting the info about your status expiring that was used to say you're not eligible was incorrect. (Avoid attacks or snark).
-Once that is done (assuming it is approved), apply for work permit.

Again, I do not know whether request for reconsideration/restoration of status applications would slow things down; I suspect they might.

Attacks and snark (as I noted): my experience is bureaucracies (and the individuals within) will react to attacks and threats, particularly legal threats. That doesn't mean one should never use them, but tactically, and only when it makes sense.

 

[Neaea]

It's also not rocket science to submit the correct form, which apparently your agent was not capable of.

She did submit all the required document. Redundancy doesn't look professional enough but it's no excuse for the offcier as reading the application form properly should be one of the basic tasks

 

[armoured]

Also, neither of your links can confirm that IRCC requires applicant to extend their status after applying for OWP. So I'm still wondering how you got to know about it?

I do not understand your point of view on this. The question is not, it seems to me, whether anyone needs to show that 'the applicant is required to extend their status.'

The question is where you got the idea that you are not required to maintain valid status in Canada by specifically applying to extend your status. Can you show where you got that idea from a government source?

If you follow the link about maintaining status I provided above, it leads to this:

This is a legal extension of status that allows temporary residents to stay in Canada while we process their application. To be eligible, the temporary resident must apply to extend their status before it expires. This used to be known as “implied status.” Find out what you’re allowed to do while you wait for your application to be processed if you ... [etc]

I do not see here any text saying that applying for a work permit under the spousal sponsorship extends your status as a visitor. The onus would logically be on you to show that IRCC explicitly says anything different.