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Restoration refused. HELP!!!!!

Stvnh1991

Member
Dec 8, 2020
13
0
I received this letter from Immigration today:

"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] Since your Application for Permanent Residence has been refused, you are no longer eligible for an open work permit.

[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 have not met initial requirements; therefore you are not eligible to have your temporary resident status restored. [X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you."

I applied for PR through family class sponsorship in November 2020, while I was under implied status. I lost my status in December and I applied for restoration and an Open Work Permit in January 2021. My PR was mailed back to me for missing a hand written signature next to an electronic signature on the Background Declaration form. I mailed back my amended PR application yesterday (May 13 2021) with another Open Work Permit, which I was advised to do. The message above is what I had received today.

Any help or advice at all would be extremely appreciated. I don't want to leave my fiancée. Thanks.
 

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
I received this letter from Immigration today:

"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] Since your Application for Permanent Residence has been refused, you are no longer eligible for an open work permit.

[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 have not met initial requirements; therefore you are not eligible to have your temporary resident status restored. [X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you."

I applied for PR through family class sponsorship in November 2020, while I was under implied status. I lost my status in December and I applied for restoration and an Open Work Permit in January 2021. My PR was mailed back to me for missing a hand written signature next to an electronic signature on the Background Declaration form. I mailed back my amended PR application yesterday (May 13 2021) with another Open Work Permit, which I was advised to do. The message above is what I had received today.

Any help or advice at all would be extremely appreciated. I don't want to leave my fiancée. Thanks.
A sponsorship application can still be processed without the applicant having status in Canada. This is possible. However it does mean that you won't qualify for an Open Work Permit until AIP which generally happens close to the end of the process.

You could also try applying for restoration again under the policy below.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/exemption.html
 
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Stvnh1991

Member
Dec 8, 2020
13
0
A sponsorship application can still be processed without the applicant having status in Canada. This is possible. However it does mean that you won't qualify for an Open Work Permit until AIP which generally happens close to the end of the process.

You could also try applying for restoration again under the policy below.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/exemption.html
Thank you so much for the information. How long do I have now to leave Canada if I don't apply for restoration again? Trying to figure out what the best option is for me right now
 

Usa2canada<3

Star Member
Feb 21, 2020
181
38
Ontario
Category........
FAM
App. Filed.......
13-08-2020
AOR Received.
11-25-2020
Thank you so much for the information. How long do I have now to leave Canada if I don't apply for restoration again? Trying to figure out what the best option is for me right now
well theres a few things you can do. Either A: apply for restoration under public policy and hope that goes through or B': have you pr processing while your out of status public policy again allows this to happen and often the owp in this case wont be as useful. However... the only time i would rush out of Canada if you still want to apply inland is if you receive a removal order or a notice. Outland processing has increased in speed i know that is not the best case for anyone to have to leave their partner.. but it may result in a shorter wait time.