Canada Refusal Visa

[scylla]

Please please please help!
It’s URGENT!

My husband was on PGWP which expired in April.
Meanwhile I was a student till April end but I had study permit extension till July end. We put his application for SOWP based on my study permit.
In April end I got my aa PGWP by flagpoling and I had a TEER1 job. But was waiting for 3 payslips to update via the web form.

They made a decision on my husband’s profile for SOWP and gave a refusal yesterday. We reapplied before midnight before his maintained/ implied status was expired with my employer’s letter and since it was a continued job (from when I was a student and working full time hours). I wrote that in letter of explanation and attached all documents.

Please help answering
1. Should he go on visitor record or restore his status?
2. Can we go to border and get his SOWP?
3. What all options do we have here?
He has a full time job which he will lose if he does not work.
4. Chances of getting interim work authorization?

Please help

1. He is out of status and needs to restore his status. Make sure he is no longer working.
2. It's not recommend to flagpole while out of status.
3. He needs to restore his status back to a work permit to be able to work again.
4. I don't know.

 

[PaJo18]

1. He is out of status and needs to restore his status. Make sure he is no longer working.
2. It's not recommend to flagpole while out of status.
3. He needs to restore his status back to a work permit to be able to work again.
4. I don't know.

He applied for SOWP last night before midnight and refusal letter said he has status till yesterday.
So even if he flagpoles, he can move to visitor status right?

 

[Naturgrl]

He applied for SOWP last night before midnight and refusal letter said he has status till yesterday.
So even if he flagpoles, he can move to visitor status right?

When did you get married? When did his PGWP expire? If his PGWP expired at the end of April then he needs to restore status first. He is out of status. He was only on maintained status until a decision was made. Now he is out of status and applying for a SOWP doesn’t change that.

He may not be eligible for a SOWP if he was on a PGWP either. IRCC changed the rules a few years ago. There are new rules that came into effect so spouse wife may not eligible be for SOWP as he is considered the Principal Foreign National (PFN). This refers to the person/foreign national who first applied for temporary status in Canada – in this case, the student.

 

[scylla]

He applied for SOWP last night before midnight and refusal letter said he has status till yesterday.
So even if he flagpoles, he can move to visitor status right?

No. Not necessarily. He may still be out of status. What time zone are you in an exactly what time did you submit the application?

 

[Copingwithlife]

He applied for SOWP last night before midnight and refusal letter said he has status till yesterday.
So even if he flagpoles, he can move to visitor status right?

The IRCC goes by UTC time
Aka Greenwich Mean Time
Zulu time


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html#sec1

“For electronic applications, the department uses Coordinated Universal Time (UTC) around the world to ensure that time is equal for all. Therefore, receipt dates and times do not depend on time zones; all applications must be submitted before midnight UTC on the date the applicant’s status expires. If the application was received after midnight UTC on the date of expiry, the applicant does not maintain their status under subsection R183(5).”