Wait for restoration of status or new entry

[BCapplicant]

Hi gurus of CANADAVISA,

Looking for some much needed advice for my current situation. My common law partner and I have applied for PR in June of this year under CEC through the express entry system. Currently we are awaiting a response after sending them a background check. We are both from a visa exempt country. The issue is: My status was due to expire in the middle of July of this year and before that, I applied for a bridging visa so I could continue working while waiting for PR. My partner's work permit is good until March 2017 as she arrived later than I did. So unfortunately, my BOWP was refused as:
[X] You did not provide the Open Work Permit Fee in the amount of $100.
[X] After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.
As the spouse of a holder of a open work permit, you have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B. You may be eligible to re-apply for a work permit if you are able to provide proof that your spouse is a skilled worker in Canada, which may include a letter from your spouse’s employer, stating his/her job title, duties, and salary. If you cannot prove that your spouse is in a skilled occupation, your application for a work permit cannot be approved without a Labour Market Impact Assessment from Employment and Social Development Canada.

However, I was directed by cic to apply for a permit with same employer and not an open permit so I paid $155 dollars instead of $155+$100. I feel the second reason is totally unreasonable as I do provide a very substantial benefit economically and socially. I am in NOC A.
As I am the principal applicant on the PR application, It appears that the third point they made really isn't applicable and if it was, shouldn't they have asked me to provide documents instead of refusing the application?

Anyways, I immediately applied for restoration of status and uploaded all the necessary information along with the supporting evidence.
My question is, should I really wait for possibly months when I could probably head to the States and leave Canada(not flagpole) and then re-enter Canada with the view to obtain a new work permit?
I understand that my restoration is voided as I will have left re-entry is deemed as a new entry. I also understand that this is in no way guaranteed to work out however I did abide by the rules and conditions of my original OWP so that would be viewed more favorably. Surely, the CBSA would rely upon the same information as CPC-V do and hence the chances of having a new permit issued are equal? The issue with leaving and returning are obviously being deemed inadmissible and then the PR application being jeopardized due to possible conclusion of it being "abandoned". They seem to be putting me under LMIA exemption of "As the spouse of a holder of a open work permit"- however I am the principal applicant so how does this apply?
The reason why I do not wish to wait is because I have very demanding work which really should not be postponed for a long period of time.
Kindest regards in advance guys for your words of wisdom

 

[canuck_in_uk]

1. You did not provide the Open Work Permit Fee in the amount of $100.

2. After considering all the circumstances of your case, it has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents.

3. As the spouse of a holder of a open work permit, you have not provided sufficient evidence to prove that your spouse is employed in an occupation that falls within the National Occupation Classification Skill level of 0, A or B.

1. Note that it is called a Bridging OPEN Work Permit, meaning that it does require the additional fee, regardless of what you were told by IRCC.

2. It is not unreasonable at all. Your job does not create significant benefits or opportunities for Canadian citizens/PRs.

3. If you didn't have AOR, you didn't qualify for a BOWP. The only way you did qualify for an OWP was is if your spouse has a NOC A, B or 0 job, so that's how IRCC evaluated your app.

Anyways, I immediately applied for restoration of status and uploaded all the necessary information along with the supporting evidence.

Surely, the CBSA would rely upon the same information as CPC-V do and hence the chances of having a new permit issued are equal?

The issue with leaving and returning are obviously being deemed inadmissible and then the PR application being jeopardized due to possible conclusion of it being "abandoned".

They seem to be putting me under LMIA exemption of "As the spouse of a holder of a open work permit"- however I am the principal applicant so how does this apply?

Restoration as what and what evidence did you provide?

CBSA operates under an entirely different set of rules than IRCC. There is no way to say what they will do. As you are in Canada illegally right now, they may refuse you re-entry. Or they may allow you entry as a visitor. Or, if you have the proper documents, they may issue you a work permit.

Being refused re-entry is not the same thins as being inadmissible. The PR application can still be processed even if you are outside of Canada.

As I said above, if you don't have AOR, then the only way you qualify for an OWP right now is if your spouse holds a skilled job. It doesn't matter that you are the PA.