SOWP REFUSED- HELP

[approvalplease]

I acknowledge the verdict on my extension application. However, I have a concern regarding the following statement:

"We also wish to advise you that your temporary resident status has been maintained
until a decision is made on the application for extension you submitted on November 21st , 2023. However, you are no longer authorized to engage in work or study at this time."



According to the last section of this link https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

My application was submitted on Nov 21, 2023. My SOWP was valid until Nov 30, 2023. Therefore shouldn't I be allowed to continue working until a decision is rendered on my second application?


What is the quickest way to have the visa officer to rectify this statement?

 

[canuck78]

I acknowledge the verdict on my extension application. However, I have a concern regarding the following statement:

"We also wish to advise you that your temporary resident status has been maintained
until a decision is made on the application for extension you submitted on November 21st , 2023. However, you are no longer authorized to engage in work or study at this time."



According to the last section of this link https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

My application was submitted on Nov 21, 2023. My SOWP was valid until Nov 30, 2023. Therefore shouldn't I be allowed to continue working until a decision is rendered on my second application?


What is the quickest way to have the visa officer to rectify this statement?

What is the basis of your SOWP? The ability to extend your SOWP is based on your spouse’s permit.

I need more information about your spouse’s permit but in general if your first extension was denied you would no longer have status which means you would not qualify to work anymore and would not also qualify for an SOWP extension. The ability to extend a WP would be dependent on the results of your first application. The VO is right in saying that you no longer qualify to work. You can attempt to restore your status since it has been less than 90 days but that would only restore you to visitor status and would not allow you to work at the moment.

 

[approvalplease]

What is the basis of your SOWP? The ability to extend your SOWP is based on your spouse’s permit.

I need more information about your spouse’s permit but in general if your first extension was denied you would no longer have status which means you would not qualify to work anymore and would not also qualify for an SOWP extension. The ability to extend a WP would be dependent on the results of your first application. The VO is right in saying that you no longer qualify to work. You can attempt to restore your status since it has been less than 90 days but that would only restore you to visitor status and would not allow you to work at the moment.

If the second application is submitted during the period of authorized stay extended by operation of law under R183(5), then their status is maintained by the second application after the decision on the first is finalized until a decision on the second application is made. However, their authorization to work or study may be affected.

• If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[approvalplease]

What is the basis of your SOWP? The ability to extend your SOWP is based on your spouse’s permit.

I need more information about your spouse’s permit but in general if your first extension was denied you would no longer have status which means you would not qualify to work anymore and would not also qualify for an SOWP extension. The ability to extend a WP would be dependent on the results of your first application. The VO is right in saying that you no longer qualify to work. You can attempt to restore your status since it has been less than 90 days but that would only restore you to visitor status and would not allow you to work at the moment.

she was on SP I am on SOWP. Both exp nov 30,2023. But on Nov 21, we applied for ext so we are on implied.

however prior to that, based on policy in July as mentioned in link above I applied for 18 month ext for owp holders. That is the application that was just rejected. It took 6.5 months. However, the officer is saying I cannot work although I have another application in progress that was submitted while the original permit was valid.


Clearly that is nonsense though, since ircc clearly says you can still work. So I am asking what should I do. Does the visa officer words take precedence

 

[approvalplease]

If the second application is submitted during the period of authorized stay extended by operation of law under R183(5), then their status is maintained by the second application after the decision on the first is finalized until a decision on the second application is made. However, their authorization to work or study may be affected.

• If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

 

[Anushaja]

If the second application is submitted during the period of authorized stay extended by operation of law under R183(5), then their status is maintained by the second application after the decision on the first is finalized until a decision on the second application is made. However, their authorization to work or study may be affected.

• If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

I am in the same situation, Did you apply for restoration? Do we need to apply for restoration as we applied before expiry date.

 

[Anushaja]

If the second application is submitted during the period of authorized stay extended by operation of law under R183(5), then their status is maintained by the second application after the decision on the first is finalized until a decision on the second application is made. However, their authorization to work or study may be affected.

• If the first application is refused, but the original permit was still valid when the second application was received, then the period of authorized stay and the authority to study or work in the original permit is extended until a decision is rendered on the second application.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Did you get any update?

 

[Anushaja]

What is the basis of your SOWP? The ability to extend your SOWP is based on your spouse’s permit.

I need more information about your spouse’s permit but in general if your first extension was denied you would no longer have status which means you would not qualify to work anymore and would not also qualify for an SOWP extension. The ability to extend a WP would be dependent on the results of your first application. The VO is right in saying that you no longer qualify to work. You can attempt to restore your status since it has been less than 90 days but that would only restore you to visitor status and would not allow you to work at the moment.

But what if we get a refusal before the expiry of initial work permit? And if we reapply before the expiry then this will not apply right?