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**URGENT Work - Permit Rejection/ Status Restoration**

Pavikash

Full Member
Aug 14, 2019
24
1
Hi all, need the input from very experienced people on this forum. I came to canada on Visitor visa on Feb 26th. My husband hold’s work permit with Tier 2 job offer. We applied for my work permit as spousal dependant. Recently we received rejection letter because we did not attach my husband’s job offer with application. In rejection letter, it also stats that my Temporary Resident Status has been expired on 10 july, it is same day we received rejection letter. Please see text below from letter. My 6 month period on temporary resident status is not over yet. I would like to understand my possible scenario's. Thanks in advance.

- can we send Job offer letter via web form and request officer to reconsider decision It was an honest mistake of not attaching job offer letter with application as it did not requested in application while applying.

- can we reapply for Work Permit application or we have to first apply for restoration of status and then apply for work permit ??


REJECTION LETTER TEXT BELOW.

This letter refers to your application for a Work Permit.
Application: W

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.
You have not provided sufficient evidence to prove that your spouse is employed in a high- skilled occupation (TEER 0, 1,2 or 3) or a low-skilled occupation (TEER 4 or 5).
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.

[X] We also wish to advise you that your temporary resident status expired on July 10, 2023.

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). Payments should be made online at www.cic.gc.ca. 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 against you.
 

scylla

VIP Member
Jun 8, 2010
93,148
20,638
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi all, need the input from very experienced people on this forum. I came to canada on Visitor visa on Feb 26th. My husband hold’s work permit with Tier 2 job offer. We applied for my work permit as spousal dependant. Recently we received rejection letter because we did not attach my husband’s job offer with application. In rejection letter, it also stats that my Temporary Resident Status has been expired on 10 july, it is same day we received rejection letter. Please see text below from letter. My 6 month period on temporary resident status is not over yet. I would like to understand my possible scenario's. Thanks in advance.

- can we send Job offer letter via web form and request officer to reconsider decision It was an honest mistake of not attaching job offer letter with application as it did not requested in application while applying.

- can we reapply for Work Permit application or we have to first apply for restoration of status and then apply for work permit ??


REJECTION LETTER TEXT BELOW.

This letter refers to your application for a Work Permit.
Application: W

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.
You have not provided sufficient evidence to prove that your spouse is employed in a high- skilled occupation (TEER 0, 1,2 or 3) or a low-skilled occupation (TEER 4 or 5).
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.

[X] We also wish to advise you that your temporary resident status expired on July 10, 2023.

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). Payments should be made online at www.cic.gc.ca. 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 against you.
Did CBSA stamp your passport with a specific date when you arrived or did they give you the default six months?
 

Pavikash

Full Member
Aug 14, 2019
24
1
They did not stamp passport on arrival. I assume they gave default six months. Should this make any difference.
 

Terang1987

Star Member
May 12, 2018
57
6
If no stamp I think it is considered as 6months stay.
Reapply for OWP and include all work documents from your spouse.