Work permit extension refused pls help

[sue123]

Please help - my husband after completing 2yr full time education applied for Post Graduate Work permit before the Off Campus work permit expired this was May 3,2011 online the initial work permit expired in June 30, 2011. I had an open work permit which expired on thesame date as his spouse. Our application was on his name as the principal applicant. We received a letter back in June 28, 2011. that it will take them more time to reply us but as we were both in implied status we could continue working after a very long wait we received a letter today dated Feb 10, 2012 that our application was refused.

I need serious help and guidelines as to what to do. We came to Canada from the UK

 

[SenoritaBella]

What reasons were given for the refusal, if you don't mind sharing?

 

[sue123]

This is what the letter says precisely

Your application as requested is refused.

16. (1) A Person who makes an application must answer truthfullyall questions put to them for the purpose of the examination and must produce a visa and all relevant documents that the officer reasonably required.

I would expect them to ask if there were anydocuments missing funny enough my husband and I work for the govt

 

[SenoritaBella]

See this: http://www.canadavisa.com/canada-immigration-discussion-board/explain-please-visiting-visa-rejecting-t40288.0.html

Did your husband's employer apply for a LMO(labor market opinion) from service canada? If not, this in my opinion is the reason for refusal. As you were both in implied status, you must stop working until you obtain new work permits. As well, it's been over 90 days since your work permits expired, so you missed out on the "restoration of status" period.

Talk to your MP and a lawyer. British citizens do not need a visa to visit Canada. http://www.cic.gc.ca/english/information/applications/guides/5487ETOC.asp#appendixA
http://www.cic.gc.ca/english/information/applications/guides/5487ETOC.asp#5487E3

You can apply for a work permit as you enter canada if you do not need a temporary resident visa and your job does not need an LMO or you have an LMO. http://www.cic.gc.ca/english/work/apply-who-eligible.asp
My suggestions are:
1. his employer should apply for an LMO
2. when he gets the positive LMO, he fills out the work permit application(with you as spouse)
3. leave canada(or go to the border) and apply as you enter canada.

Just suggestions, but you still should find out if this is possible before you proceed.

 

[sue123]

Thanks much Senorita.

I will give those options a go it is very depressing though. After a whole year of waiting. each time I call CIC for progress i am told that we are in implied statusand that we can continue to work until a decision is made. call centre gives us no suggestion on what to do in terms of this 90days trick or trap I should call it. I dont understand how one can justify that CIC is truly fair at thesame time we are unable to meet with any time constraints as we are just receiving an update after almost a year, its really very vague how the system works.

 

[job_seeker]

When did he finish his studies?

Thanks much Senorita.

I will give those options a go it is very depressing though. After a whole year of waiting. each time I call CIC for progress i am told that we are in implied statusand that we can continue to work until a decision is made. call centre gives us no suggestion on what to do in terms of this 90days trick or trap I should call it. I dont understand how one can justify that CIC is truly fair at thesame time we are unable to meet with any time constraints as we are just receiving an update after almost a year, its really very vague how the system works.

 

[sue123]

My husband finished his studies in May 2010

 

[job_seeker]

The application could have been refused because of the ff reasons:


You must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program.

You must have a valid study permit when you apply for the work permit.


http://www.cic.gc.ca/english/study/work-postgrad-who.asp

My husband finished his studies in May 2010

 

[SenoritaBella]

The OP's spouse already received a post-graduate work permit after his studies. The problem seems to be that he applied for an extension without a LMO.

The application could have been refused because of the ff reasons:


You must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from your institution indicating that you have met the requirements for completing your academic program.

You must have a valid study permit when you apply for the work permit.


http://www.cic.gc.ca/english/study/work-postgrad-who.asp

 

[job_seeker]

The original post mentioned Off Campus Work Permit (which allows the student to work outside the campus for 20 hours per week), not PGWP. If the OP's husband only applied a year after he finished his studies and so he's not entitled to the PGWP anymore (unless the year has been mistyped)

Please help - my husband after completing 2yr full time education applied for Post Graduate Work permit before the Off Campus work permit expired this was May 3,2011 online the initial work permit expired in June 30, 2011. I had an open work permit which expired on thesame date as his spouse. Our application was on his name as the principal applicant. We received a letter back in June 28, 2he finished his studies then he does not 011. that it will take them more time to reply us but as we were both in implied status we could continue working after a very long wait we received a letter today dated Feb 10, 2012 that our application was refused.

I need serious help and guidelines as to what to do. We came to Canada from the UK

My husband finished his studies in May 2010

The OP's spouse already received a post-graduate work permit after his studies. The problem seems to be that he applied for an extension without a LMO.

 

[SenoritaBella]

Ohhhhhhhhh. If he graduated in May 2010, had an off-campus work permit that expired in June 2011, did not apply for a pgwp until May 3, 2011(1 year after), you are right that he is not entitled to the pgwp.

But how did he get an off-campus work permit that was valid for an extra year? Or did he graduate 1 year early?

The original post mentioned Off Campus Work Permit (which allows the student to work outside the campus for 20 hours per week), not PGWP. If the OP's husband only applied a year after he finished his studies and so he's not entitled to the PGWP anymore (unless the year has been mistyped)

 

[sue123]

OK people I guess I should elaborate

we entered on a 2yr wrk permit from July7 2009 and I was given an open work permit for 2yrs which expires in June 30, 2011. after 6 month of his education my husband was given an off campus work permit which expire June 30, 2011.

He Graduated in May 2011 and we applied for Post graduate wrk permit on May 3, 2011. The great part is we had confirmation of subbmission and CIC also sent a letter that they received the applications. The letter stated that we are in implied status until they can make a decision. We then wait and wait until we received a letter Monday March 25, 2012 the letter was dated Feb 10,2012. basically it takes a month for the letter to reach us and the letter was a refusal letter. So all in all it takes CIC a whole 11 months to reply us on the application made in May 2011. and their response was a refusal.

This is what confused me most the fact that they kept us in implied status for almost a whole year despite a lot of calls we made to them and then said we have to leave Canada immediately as we are now without status.

This is precisely what the letter says

Your application as requested is refused.

16. (1) A Person who makes an application must answer truthfullyall questions put to them for the purpose of the examination and must produce a visa and all relevant documents that the officer reasonably required.

I would expect them to ask if there were anydocuments missing funny enough my husband and I work for the govt

 

[SenoritaBella]

So when exactly in May did he graduate?

 

[sue123]

He graduated May 3, 2011. We proactively submit the application online on thesame day, while the work permit we had then expires June 31, 2011.

the other question I have is that would he be able to restore and reapply for Post Graduate Work Permit now that due to the very long implied status we were in limbo as to what to do or has that nullifies his postgradute work permit priviledge.

 

[SenoritaBella]

You say you guys entered on a 2 yr work permit. Was it a temporary foreign worker permit? Did he receive a study permit? Did he study full-time? I'm trying to descern what the reason for refusal could be.

You can't apply to restore your status at this point. It's been over 90 days since June 30, 2011(expiry date of work permit). Unfortunately, he has lost the post-graduate work permit priviledge as well. Had to apply for it within 90 days of graduation.

He graduated May 3, 2011. We proactively submit the application online on thesame day, while the work permit we had then expires June 31, 2011.

the other question I have is that would he be able to restore and reapply for Post Graduate Work Permit now that due to the very long implied status we were in limbo as to what to do or has that nullifies his postgradute work permit priviledge.