Hi I need some advice. My brother got nominated through the Alberta province and sent in his application for PR which is at the final stage. He had also applied to extend his work permit back in June and we kept calling immigration and checked online and there was no status update on the extension. Today March 30, finally got through to immigration and was told that his extension was refused and a letter was mailed out on December 4, to which we never received. Now the 90 days restoration has passed and we are not sure what to do. Can some give us some advice please?
BWOP
- Thread starter KereneMe
- Start date
So when did his permit expire exactly? And when did he keep working till, or is he still working? I think the first thing you need to do is stop working.Hi I need some advice. My brother got nominated through the Alberta province and sent in his application for PR which is at the final stage. He had also applied to extend his work permit back in June and we kept calling immigration and checked online and there was no status update on the extension. Today March 30, finally got through to immigration and was told that his extension was refused and a letter was mailed out on December 4, to which we never received. Now the 90 days restoration has passed and we are not sure what to do. Can some give us some advice please?
That's good, unfortunately it would appear the case that he is staying illegally in Canada if the restoration period was passed. However, he couldn't have known if you never received the letter. Is he sure they supplied the right address in the application?He stopped working yesterday when we were told by immigration also his permit expired back in June.
@scylla what should happen here?
Let's wait for some seniors to respond - this is not a good situation. Looping in @Naturgrlyes they even repeated the address and it is correct but nothing arrived in the mail. Now we don’t know what to do now.
I can't find any solution to what happens if a foreign worker with an expired permit has stayed past their 90 day restoration period.
Get professional advice like an immigration lawyer. He has worked and lived illegally in Canada since December. And person is still here illegally. Do not know options other than to leave Canada.yes they even repeated the address and it is correct but nothing arrived in the mail. Now we don’t know what to do now.
To be honest I don't know if you can trust a lawyer or get a good one quickly enough. This is a bad situation. I think IRCC call agents are also not the right people to talk to about this.
I would personally consider leaving Canada immediately, and then re-enter as a visitor. I would document and collect documents of your whole experience, and explain the matter to the CBSA upon re-entry. If you never received the letter, it's hardly your fault, so I can only hope they're sympathetic and give you authorization to re-enter as a visitor on the basis you have satisfied an officer that you never intended to stay in Canada illegally, that you left as soon as you were aware, and that you produced evidence that on the basis of probability an error occurred in the postal system. CBSA and IRCC could potentially work this out at a Port of Entry. Plus the progress of your PR application works in your favor.
There are times that I haven't received important documents myself due to postal issues - and I know our own Canada Post people barely check the addresses on their letters and put them in vacant houses down the street....
I would personally consider leaving Canada immediately, and then re-enter as a visitor. I would document and collect documents of your whole experience, and explain the matter to the CBSA upon re-entry. If you never received the letter, it's hardly your fault, so I can only hope they're sympathetic and give you authorization to re-enter as a visitor on the basis you have satisfied an officer that you never intended to stay in Canada illegally, that you left as soon as you were aware, and that you produced evidence that on the basis of probability an error occurred in the postal system. CBSA and IRCC could potentially work this out at a Port of Entry. Plus the progress of your PR application works in your favor.
There are times that I haven't received important documents myself due to postal issues - and I know our own Canada Post people barely check the addresses on their letters and put them in vacant houses down the street....
Does OP even have a TRV to re-enter? Again returning immediately after such a long over stay and illegal work, not sure CBSA would let OP enter. PR application may be approved before that. Was the nomination based on a job offer?To be honest I don't know if you can trust a lawyer or get a good one quickly enough. This is a bad situation. I think IRCC call agents are also not the right people to talk to about this.
I would personally consider leaving Canada immediately, and then re-enter as a visitor. I would document and collect documents of your whole experience, and explain the matter to the CBSA upon re-entry. If you never received the letter, it's hardly your fault, so I can only hope they're sympathetic and give you authorization to re-enter as a visitor on the basis you have satisfied an officer that you never intended to stay in Canada illegally, that you left as soon as you were aware, and that you produced evidence that on the basis of probability an error occurred in the postal system. CBSA and IRCC could potentially work this out at a Port of Entry. Plus the progress of your PR application works in your favor.
There are times that I haven't received important documents myself due to postal issues - and I know our own Canada Post people barely check the addresses on their letters and put them in vacant houses down the street....
Unless it's done by land? What I'm suggesting is to flag-pole, but be prepared for rejection and to fly out of the U.S, and of course, you need the visa for the U.S.!Does OP even have a TRV to re-enter? Again returning immediately after such a long over stay and illegal work, not sure CBSA would let OP enter. PR application may be approved before that. Was the nomination based on a job offer?
Expired temporary resident visa
- You can request to return to Canada on your original temporary resident visa, even if it is expired, if:
- you will only visit the U.S. or St. Pierre and Miquelon; and
- you will return to Canada before the end of your approved stay in Canada.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=527