scylla said:
Actually - he most likely does not qualify for restoration and has no choice but to leave Canada. If he submitted the BOWP without AOR then he has been out of status since his original work permit expired and it's too late to apply for restoration. See the link jes_ON provided above. CIC recently changed the rules because too many were submitted BOWPs and work permit extensions when they didn't qualify for them.
Hmmn, ok! I have read the link you referred to and have taken the liberty of copying and pasting below the section that applies to extensions.
Extensions
If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.
Note: If a second application for extension is submitted after the first application and the decision rendered on the first application was
approved, then the new status applies.
refused, and the original permit was still valid when the second application was received, then the applicant maintains their implied status until a decision is rendered on the second application, and the applicant is out of status as of the date of refusal on the second application.
refused, and the original permit was expired when the second application was sent, then the applicant does not have implied status and is considered out of status. (As the applicant’s original permit was expired, they must apply for restoration. The second application was missing restoration fees and would be returned to the applicant for being incomplete)
rejected for incompleteness, then the application is returned to the applicant. The application is considered to have never been received, no implied status is granted, and the applicant will be considered in status until the original temporary resident document expires.
So, my understanding of the parts (in bold) and do correct me if i am wrong is that:
1. If the work permit extension application was refused, the original poster has status until the date the decision was made, regardless of whether his temporary permit had expired or not.
2. If his application had been rejected as incomplete (perhaps because he did not meet the requirements for the work permit extension application, then his status in canada is determined by the date his temporary permit expires.
That being said, in this case OP's work permit expired on March 28, decision was made July 7th. His work permit extension application was denied (not rejected as incomplete) so, he has the opportunity to apply for restoration of status and reapply for an extension, 90 days from the date the decision was made.
Now, in making his second application for extension, because OP is already out of status, he MUST apply for restoration of status simultaneously or his application would be returned as incomplete. Of course, if OP has not yet applied for PR and gotten an AOR, his second application for extension would most likely be denied and this is why many others have opted for a temporary visitor's visa. So they can stay in canada while they await the decision on their PR application. This is up to the OP to decide based on his financial situation.
I make no claim to being an immigration expert. However, i try to offer constructive advice whenever i believe i can make some useful contribution. That should be everybody's aim on this forum.
