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Work permit refused Need urgent help

nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
today my application for open work permit refused.
I applied after my wp got expired . 9 june 2018.
And my pr is in process
Appied feb 7 2017.
Called last week they said background check going on .
And today my lawyer told me its over now, they will cancel your pr and u dont have any other way , u have to have wp to get ppr.??
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
today my application for open work permit refused.
I applied after my wp got expired . 9 june 2018.
And my pr is in process
Appied feb 7 2017.
Called last week they said background check going on .
And today my lawyer told me its over now, they will cancel your pr and u dont have any other way , u have to have wp to get ppr.??
Why did you apply for a open work permit when you are supposed to apply for a closed work permit because your AINP is employment restricted.

And also your lawyer is wrong. Your PR won't be cancelled. It will continue to process. Your only worry is your AINP. Since its employment driven, you are obligated to maintain full time employment with your employer.

Does your refusal letter say to leave Canada immediately?
 
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nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
Why did you apply for a open work permit when you are supposed to apply for a closed work permit because your AINP is employment restricted.

And also your lawyer is wrong. Your PR won't be cancelled. It will continue to process. Your only worry is your AINP. Since its employment driven, you are obligated to maintain full time employment with your employer.

Does your refusal letter say to leave Canada immediately?
This letter refers to your application for restoration of your temporary resident status and for a 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. In your case, you do not meet the eligibility requirements for a Work Permit; therefore you are not eligible to have your temporary resident status restored.
Your application for a Work Permit is refused.
[X] To be considered for a bridging open Work Permit (WP) you must be currently in Canada and submit proof that you have sent an application for Permanent Residence (PR) as the principal applicant under one of the following programs:
 Provincial Nominee Class (PNC )
 Caring for Children Class / Caring for People with High Medical Needs Class  Federal Skilled Worker Class (FSWC)
 Canadian Experience Class (CEC)
 Federal Skilled Trades Class (FSTC)
You have failed to meet the eligibility requirements for a bridging open Work Permit because you do not have valid status on a work permit that is due to expire within the next four months.
Page 1 of 3
Case Processing Centre Vegreville 6212-55 Avenue, Vegreville, AB T9C 1W5 Website: www.cic.gc.ca
Centre de Traitement des Demandes Vegreville 6212-55 Avenue, Vegreville, AB T9C 1W5 Site web: www.cic.gc.ca
Page 2 of 3
For further details on eligibility requirements please see our website at http://www.cic.gc.ca/english/work/permit/extend/permanent.asp.
PLEASE NOTE: Your temporary resident status expired June 09, 2018. You no longer meet the eligibility requirements for a Bridging Open Work Permit under Section 205(a) of the Immigration and Refugee Protection Regulations. Prior to resubmitting your application please visit the Citizenship and Immigration Website http://www.cic.gc.ca/english/work/apply-who.asp to determine the requirements for a work permit.
[X] You may apply for restoration if, within 90 days from the expiry of your temporary resident status indicated above, 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 a receipt of payment and include it with your application. If you are unable to pay online, please contact the Immigration Call Centre, toll free, at 1-888-242-2100.
 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.
Register My Application
Create an account to get more detailed application status and your mail online. Find out how: http://www.cic.gc.ca/english/my_application/link.asp.
When should I contact CIC?
You must notify Citizenship and Immigration Canada (CIC) of any changes to your application. Examples of changes include:
 Changes in your personal circumstances, such as birth or adoption of a child, death of a family member, a marriage or a divorce;
 Change of contact information (e-mail, mailing address, telephone number);
 Appointment or change of immigration representative or designated individual;
 Decision to withdraw your application.
Changes to your address should be made through our online service at www.cic.gc.ca/english/information/change-address.asp.
 

nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
Why did you apply for a open work permit when you are supposed to apply for a closed work permit because your AINP is employment restricted.

And also your lawyer is wrong. Your PR won't be cancelled. It will continue to process. Your only worry is your AINP. Since its employment driven, you are obligated to maintain full time employment with your employer.

Does your refusal letter say to leave Canada immediately?
Applied open work permit because
I have open work permit already , and changed emplyoer after ainp ,
Lawyer also told me they might have hold your application because of this .
What shud i do now ? Is it over ?
 

nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
You applied under AINP employment driven?
Yes , ainp
My pgwp also expired while i was waiting for ainp. And then i buy lmia( then got ainp) and got closed wp for 6 months and then because of pr file no i got again open work permit
For 1 year . Which expired 9 june 2018.
What shud i do now?
What option do i have ?
Cant i wait for ppr
Will they give me??
 

scylla

VIP Member
Jun 8, 2010
92,950
20,549
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
Yes , ainp
My pgwp also expired while i was waiting for ainp. And then i buy lmia( then got ainp) and got closed wp for 6 months and then because of pr file no i got again open work permit
For 1 year . Which expired 9 june 2018.
What shud i do now?
What option do i have ?
Cant i wait for ppr
Will they give me??
What exactly do you mean by "buy lmia"?
 

nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
What exactly do you mean by "buy lmia"?
Have to search for preapproved lmia , its not easy to get , is there still hope that i get ppr??
I cant describe what i am feeling
7 years here in canda and now i feel completley lost , aftet coming so far
I was waiting for ppr and get this refusal .
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
You will need to have your employer submit a LMIA exempt form online through IRCC website. They will have to pay $255 as employer compliance fee and once they submit the form, they will receive a employee ID through email.

Once your employer is done all that, you can apply to restore your status through a closed work permit. You must include the receipt of the compliance fee and employer ID which you get from your employer.

Also you must also inform AINP about your loss of status.
 
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nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
You will need to have your employer submit a LMIA exempt form online through IRCC website. They will have to pay $255 as employer compliance fee and once they submit the form, they will receive a employee ID through email.

Once your employer is done all that, you can apply to restore your status through a closed work permit. You must include the receipt of the compliance fee and employer ID which you get from your employer.

Also you must also inform AINP about your loss of status.
I dont have any job , i left job when my work permit got expired . I guess
This is the end . Not everyone ment for canada.
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
I dont have any job , i left job when my work permit got expired . I guess
This is the end . Not everyone ment for canada.
So you quit your job? Or you are on temporary leave until you get your work permit?

You must have a job offer until you get your PR because it's one of the conditions of AINP.

AINP can revoke your nomination and inform IRCC if they find out you don't have a job anymore.
 
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nickmalik

Star Member
Nov 20, 2011
192
41
Canada
IELTS Request
6.5
So you quit your job? Or you are on temporary leave until you get your work permit?

You must have a job offer until you get your PR because it's one of the conditions of AINP.

AINP can revoke your nomination and inform IRCC if they find out you don't have a job anymore.
They will hire me , if i have work permit
But i dont think they will have so much burden again for lmia application ,
They already did once and emplyoer is not good he torture me a lot while i was on closed work permit . So i dont want to do this .
Can i apply for visitor visa and wait for ppr?
Can i talk to cic or ircc and explain story of my struggle ?
Can i go to home country and wait for pr ?
 

Wonderland_1010

Champion Member
Aug 24, 2015
1,822
382
Regina, SK
Category........
PNP
They will hire me , if i have work permit
But i dont think they will have so much burden again for lmia application ,
They already did once and emplyoer is not good he torture me a lot while i was on closed work permit . So i dont want to do this .
Can i apply for visitor visa and wait for ppr?
Can i talk to cic or ircc and explain story of my struggle ?
Can i go to home country and wait for pr ?
You can go home or apply for a visitor Visa. Just know once your get your PPR and go for landing, CBSA officers may ask you to prove that you still have a job.
 
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