Urgent help. restoration of status and pgwp refused

[joeypark7]

I am in total chaos.

I applied for restoration of status 11st June. My study permit expired on 31st March.

the reason I got refused:

Application refused as client does not hold valid study permit at the time when application was
made. Therefore, client is not eligible for Post Graduate Work Permit.

I don't get it. I applied for restoration of status because the study permit was expired.
What should I do now? leave this country immediately?

 

[scylla]

Did you apply to restore your status to a PGWP? Or did you apply to restore your status to a study permit - and also apply for a PGWP?

I believe you needed to do the second in order to be approved.

Probably time to engaged a good immigration lawyer to help you.

 

[joeypark7]

Did you apply to restore your status to a PGWP? Or did you apply to restore your status to a study permit - and also apply for a PGWP?

I believe you needed to do the second in order to be approved.

Probably time to engaged a good immigration lawyer to help you.

yes I applied both together. I don't understand this issue. restoration of status exists because the study or work permit expired.

 

[scylla]

Just to be clear - you paid three fees? Restoring your status, extending your study permit AND applying for the PGWP?

Or did you just pay to restore your status and for the PGWP?

 

[joeypark7]

Just to be clear - you paid three fees? Restoring your status, extending your study permit AND applying for the PGWP?

Or did you just pay to restore your status and for the PGWP?

I paid the fees for restoration and pgwp. Not for extending study permit. I don't need to extend study permit i think. Do you think I need to go to lawyer? The reason for refusal is puzzling.

 

[scylla]

I paid the fees for restoration and pgwp. Not for extending study permit. I don't need to extend study permit i think. Do you think I need to go to lawyer? The reason for refusal is puzzling.

In that case it's clear why you were refused - it's not puzzling at all. You needed to apply to extend your study permit in addition to applying for restoration and for the PGWP. This is because you must be holding a valid study permit at the time you apply for a PGWP. So you were correctly refused by CIC.

I'm not sure if a lawyer is going to be able to help - but you can certainly try.

 

[joeypark7]

In that case it's clear why you were refused - it's not puzzling at all. You needed to apply to extend your study permit in addition to applying for restoration and for the PGWP. This is because you must be holding a valid study permit at the time you apply for a PGWP. So you were correctly refused by CIC.

I'm not sure if a lawyer is going to be able to help - but you can certainly try.

The letter says;

Please consult the section “Restoration of status” in the application guide: “Applying to
change conditions or extend your stay in Canada”. Restoration applies to each member
who has lost his or her status. Please note that there is no guarantee your application will be
accepted.

I filled out PGWP form and checked restoration of status. I dont think I can apply for pgwp again cause I must applied within 90 days.
What's the options that i have to remain in this country?

 

[scylla]

Again, you need to see a lawyer if you want to try to remain in Canada.

I don't see any options for you. You were correctly refused since you didn't apply to extend your study permit along with the restoration and PGWP.

 

[joeypark7]

Again, you need to see a lawyer if you want to try to remain in Canada.

I don't see any options for you. You were correctly refused since you didn't apply to extend your study permit along with the restoration and PGWP.

This is the letter i got from cic.

This letter refers to your application for a Post Graduate Work Permit.
Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.
[X] A visitor, worker or student who loses temporary resident status for failure to comply with the
following conditions imposed under:
 paragraph 185(a),
 any of subparagraphs 185(b)(I) to (iii), or
 paragraph 185(c)
may be eligible for restoration of temporary resident status if an application is submitted within
90 days after loss of status and if following examination it is established that the applicant meets
the initial requirements for their stay and has complied with any other conditions imposed.
Application refused as client does not hold valid study permit at the time when application was
made. Therefore, client is not eligible for Post Graduate Work Permit.
[X] We also wish to advise you that your temporary resident status expired on 31/03/2015.

You may apply for restoration if, within 90 days from the expiry of your temporary resident status
you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s) in the amount of
$455.00. Payments should be made online at cic When
you are finished, you must print the receipt of payment and include it with your
application.
 all required documents in support of your application.
Please consult the section “Restoration of status” in the application guide: “Applying to
change conditions or extend your stay in Canada”. Restoration applies to each member
who has lost his or her status. Please note that there is no guarantee your application will be
accepted.
Should you choose not to apply for restoration of your status, you will remain a person
without legal Temporary Resident Status and as such will be required to leave Canada
immediately. If you do not leave Canada voluntarily, enforcement action may be taken

Do you think I can apply for restoration of status again according to the letter i got? or must i leave this country right now? or apply for visitor visa?

 

[scylla]

No - you don't qualify to apply to restore your status. It's too late.

You cannot apply for a visitor visa from within Canada. Again, it's too late and you have been out of status for too long.

Your choices are to leave Canada - or to go see a lawyer to see if there's anything he/she can do for you. I suspect there is nothing a lawyer can do for you now. But you can certainly try. Make sure you pick a good immigration lawyer.

 

[ndrs11]

Did you pay the $455 when you first applied for the PGWP?

 

[joeypark7]

Did you pay the $455 when you first applied for the PGWP?

yes. fee is not the issue. Do other students also got rejected because they MUST apply for three things(pgwp, restoration of stutus AND extend study permit?) There was no guide that i needed to extend my study permit. I had no idea about that.

 

[hdizzle]

This is scary and doesnt make sense! I am in similar situation. So I graduated and finished my program Aug 14th but realized that my study permit had expired July 14th so I applied for restoration of status plus PGWP. The reason i did not apply for study permit was because I technically did NOT need the study permit since I had graduated. I also consulted and confirmed with an immigration consultant that I only need to apply for work permit+pgwp. I paid $455. Does this mean that the same thing will happen to em?!

 

[hassan7090]

First of all did you applied online or on paper?
Secondly you have to pay $605.
Because you have to pay for extension of study permit,restoration of status as student,Open work permit and post graduation work permit fees.
You have to prepare one complete package and send it via paper.And you have to attach a letter of explanation which should include your situation that why did you let your study permit expire

Thats the best way because there will be one person who will review your situation.And chances of approval are much more.

 

[scylla]

This is scary and doesnt make sense! I am in similar situation. So I graduated and finished my program Aug 14th but realized that my study permit had expired July 14th so I applied for restoration of status plus PGWP. The reason i did not apply for study permit was because I technically did NOT need the study permit since I had graduated. I also consulted and confirmed with an immigration consultant that I only need to apply for work permit+pgwp. I paid $455. Does this mean that the same thing will happen to em?!

You absolutely do need a study permit. You must be holding a valid study permit in order for the PGWP to be approved. If you did not apply to extend your study permit - you should be expecting a PGWP refusal. I would contact CIC immediately to see if you can update your application to include the study permit extension. It may be too late - but worth a try.