CEC app In-process, in Canada, No Status - Need advice

[frustrated99]

Hi All,
Looking for advice:

Applied under CEC August 2012, subsequently my renewal Work Permit was denied May 2013... Lawyer applied for Temporary Resident Permit, Denied Sept 2013, now have no Status....
Medicals were done October 12th, BioData forms sent and RPRF paid in August...

Does anyone know cases where PR was denied for being in Canada without status? Or (HOPEFULLY) we are far enough along in the process that we are okay?

Bad enough I had to resign from my job in May, now terrified that my PR will be denied. Contemplating going to the border (it is 6 hours away), but terrified we will be denied re-entry and have nowhere to go as this is our home!

Lawyer says he feels "very comfortable" having us just wait it out - there is no removal order, and file notes say no removal action until completion of PR application processing but CIC has been so unpredictable through this process I don't know what to do

Thanks kindly for any replies/advice/experiences!

 

[lithium002]

This is from the CIC website:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=517&t=15

I found this link, although it doesn't apply to CEC applications, but does to applicants waiting for permanent residency:
http://www.bellissimolawgroup.com/can-my-mom-stay-in-canada

 

[frustrated99]

Thanks for the links; what I am afraid of is the technical answer is always "Never let your status expire"... I didn't let it, it was denied!! And going to the border to apply for a Visitor Permit after having work/TRP denials is a VERY scary and complicated issue, I have 3 teenagers, in high school, it could totally disrupt their lives and it is all in the hands of the Officers at the border who Sometimes don't consider real life difficulties. Plus we are so close to the END of this process it doesn't make sense!

From what I have read on CIC website, this is exactly the kind of scenario that the BOWP was created for, yet they won't grandfather those of us that were under Implied status when they came out with it.

Anyone else with this type of experience? Really need help making a good decision for my family....

 

[eds1275]

Why can't you apply for bridge open work permit? Refer ob 485

Thanks for the links; what I am afraid of is the technical answer is always "Never let your status expire"... I didn't let it, it was denied!! And going to the border to apply for a Visitor Permit after having work/TRP denials is a VERY scary and complicated issue, I have 3 teenagers, in high school, it could totally disrupt their lives and it is all in the hands of the Officers at the border who Sometimes don't consider real life difficulties. Plus we are so close to the END of this process it doesn't make sense!

From what I have read on CIC website, this is exactly the kind of scenario that the BOWP was created for, yet they won't grandfather those of us that were under Implied status when they came out with it.

Anyone else with this type of experience? Really need help making a good decision for my family....

 

[lpc19800]

Why can't you apply for bridge open work permit? Refer ob 485

Is that only available to those still in status?
It's also too late to apply for restoration if status


Do you know why your applications were all denied?

To be honest with so much at stake, I would take your lawyer's advice.

 

[frustrated99]

Yes, you need to still have an unexpired work permit to apply for the BOWP - The application for a new work permit was denied because my company's lawyer decided to apply for a special "Treaty Investor Status Work Permit" under NAFTA - an application stream that hardly ever gets used, and the lawyer feels that the VO didn't even understand the status correctly and therefore just denied it saying the company or position didn't meet the requirements; the company didn't want to contend with the LMO process anymore and wanted to get a longer permit than 1 year. When that was denied we (through the same lawyer) applied for a Temporary Resident Permit, that was just denied with CIC saying that TRP's are reserved for very extreme cases (Medical reasons, Best interest of a minor child, etc) and they didn't feel we qualified. The lawyer feels both decisions were wrong and could easily be challenged in court, but that takes a super long time (and god knows how much money).

The lawyer's advice is to sit and wait and see what happens once the medicals are received. We have had status for 6 years, I am not use to this, and afraid our PR will now be denied on a technicality.

How do they think it is reasonable for us to leave the country for 1, 2, 3, who knows how many months until the CEC application is completed when we are already here and well established?? I just don't understand

 

[rajjj]

Yes, you need to still have an unexpired work permit to apply for the BOWP - The application for a new work permit was denied because my company's lawyer decided to apply for a special "Treaty Investor Status Work Permit" under NAFTA - an application stream that hardly ever gets used, and the lawyer feels that the VO didn't even understand the status correctly and therefore just denied it saying the company or position didn't meet the requirements; the company didn't want to contend with the LMO process anymore and wanted to get a longer permit than 1 year. When that was denied we (through the same lawyer) applied for a Temporary Resident Permit, that was just denied with CIC saying that TRP's are reserved for very extreme cases (Medical reasons, Best interest of a minor child, etc) and they didn't feel we qualified. The lawyer feels both decisions were wrong and could easily be challenged in court, but that takes a super long time (and god knows how much money).SO SOORY FOR THAT

i thinks u should apply again bowp with cover letter where u can mention u r situation about u and u family and u r kids just apply just online all sitution .....

The lawyer's advice is to sit and wait and see what happens once the medicals are received. We have had status for 6 years, I am not use to this, and afraid our PR will now be denied on a technicality.

How do they think it is reasonable for us to leave the country for 1, 2, 3, who knows how many months until the CEC application is completed when we are already here and well established?? I just don't understand

 

[Konan1982]

Yes, you need to still have an unexpired work permit to apply for the BOWP - The application for a new work permit was denied because my company's lawyer decided to apply for a special "Treaty Investor Status Work Permit" under NAFTA - an application stream that hardly ever gets used, and the lawyer feels that the VO didn't even understand the status correctly and therefore just denied it saying the company or position didn't meet the requirements; the company didn't want to contend with the LMO process anymore and wanted to get a longer permit than 1 year. When that was denied we (through the same lawyer) applied for a Temporary Resident Permit, that was just denied with CIC saying that TRP's are reserved for very extreme cases (Medical reasons, Best interest of a minor child, etc) and they didn't feel we qualified. The lawyer feels both decisions were wrong and could easily be challenged in court, but that takes a super long time (and god knows how much money).


The lawyer's advice is to sit and wait and see what happens once the medicals are received. We have had status for 6 years, I am not use to this, and afraid our PR will now be denied on a technicality.

How do they think it is reasonable for us to leave the country for 1, 2, 3, who knows how many months until the CEC application is completed when we are already here and well established?? I just don't understand

That is why i never trust lawyers..You needed only BOWP with valid WP..

 

[jsm0085]

I think it's risky but you are in this position now - I don't really see what difference it would make at this point if you were to leave. One of the underlying principles of the CEC rules are that you kept valid status while being in the country...

I wish you good luck dude!

 

[MrB]

How long ago did you get your refusal? I know it is very heart wrenching considering your plight but my suggestion would be for you to leave the country voluntarily so it doesn't jeopardize you PR application. The reason is simple, because you don't have any status in the country that's already a violation of the Act. Even if you were to appeal the refusal at the federal court, it still doesn't buy you time. Why I suggest you should voluntarily leave is that a removal order can be issued and enforced anytime, if that happens that makes you inadmissible to Canada and your permanent resident visa may be revoked.

 

[esbex550]

Hi All,
Looking for advice:

Applied under CEC August 2012, subsequently my renewal Work Permit was denied May 2013... Lawyer applied for Temporary Resident Permit, Denied Sept 2013, now have no Status....
Medicals were done October 12th, BioData forms sent and RPRF paid in August...

Does anyone know cases where PR was denied for being in Canada without status? Or (HOPEFULLY) we are far enough along in the process that we are okay?

Bad enough I had to resign from my job in May, now terrified that my PR will be denied. Contemplating going to the border (it is 6 hours away), but terrified we will be denied re-entry and have nowhere to go as this is our home!

Lawyer says he feels "very comfortable" having us just wait it out - there is no removal order, and file notes say no removal action until completion of PR application processing but CIC has been so unpredictable through this process I don't know what to do

Thanks kindly for any replies/advice/experiences!

Why dont u apply for visitors visa?

 

[Hopefulagain]

Thanks for the links; what I am afraid of is the technical answer is always "Never let your status expire"... I didn't let it, it was denied!! And going to the border to apply for a Visitor Permit after having work/TRP denials is a VERY scary and complicated issue, I have 3 teenagers, in high school, it could totally disrupt their lives and it is all in the hands of the Officers at the border who Sometimes don't consider real life difficulties. Plus we are so close to the END of this process it doesn't make sense!

From what I have read on CIC website, this is exactly the kind of scenario that the BOWP was created for, yet they won't grandfather those of us that were under Implied status when they came out with it.

Anyone else with this type of experience? Really need help making a good decision for my family....

I agree that technically you did not let the status expire, it was denied, but that doesnt absolve you of the responsibility. By that reasoning, anybody whose visa has been refused has the authority to come/stay in Canada because they didnt let the status expire. Now, whatever the reason was for the refusal of your visa, your next steps should be to ensure that things dont take an uglier turn - your options are leave for your home country or apply for visitor visa.

If you are living in Canada without a valid status, there is a very good chance that you will be "ordered" to leave. If that happens, you may also lose your chance at getting a PR. And, you have to remember that the order to leave will not only be against you but, also against your family members.

Would you really want a removal order on your children's file? Although the lawyer is giving you the advise to ignore your non-status, i think you should seriously re-consider that recommendation. Remember its not the lawyer who will get a removal order but you...and, your family. He/she will get paid nonetheless.

 

[frustrated99]

Yes I am leaning toward going to the border and applying for a Visitor's Permit, just terrified that we will be denied re-entry - We have no criminal histories, medical issues, etc and as I said we have completed our Medicals and see no reason for any issues there so anticipate that we would be getting COPR soon (we are Visa exempt) except now for not having status....

Anyone with experience requesting Visitor Permit after WP denial(s) at a border crossing (we would go to either Coutts or Carway, AB)? |||I'm afraid it can be so unpredictable just based on the mood of the Officer at the border crossing...

 

[squishyface]

Yes I am leaning toward going to the border and applying for a Visitor's Permit, just terrified that we will be denied re-entry - We have no criminal histories, medical issues, etc and as I said we have completed our Medicals and see no reason for any issues there so anticipate that we would be getting COPR soon (we are Visa exempt) except now for not having status....

Anyone with experience requesting Visitor Permit after WP denial(s) at a border crossing (we would go to either Coutts or Carway, AB)? |||I'm afraid it can be so unpredictable just based on the mood of the Officer at the border crossing...

I have had a similar experience. I can imagine how stressed and scared you must be.
i wont go into details of my experience, but i do want to warn you that there is a high possibility of you being denied re-entry at the border considering all that has gone on. They do not care if you are in the final stage of getting PR.
I stayed a day over my WP and they threatened me of deportation right there at coutts.
In the end, it is up to you. But i fear that you would be denied re-entry if you tried that route.
If you decided to take the risk, talk to them and try to ave a feel before you cross the border.
if it doesnt work at coutts, go to carway and do the same thing. Explain your situation before you cross the border.
Be calm. Remember you did not intentionally over stay your visa. make it clear that you are trying to comply with the law.
You will be extremely nervous as if you have done something horrible and they can sense that and will suspect you of something else.
Be as collected and articulate as you can be when you talk to them.

 

[dizon09]

My cousin was deported and was blacklisted here in Canada because of the expired visa. Hopefully it will not happen to you. The best thing is to apply immediately for a visitors permit and your children as international students.
What my officemate did was he applied for a business visa when his working permit expired.

I was put on temporary layoff last May in Toronto and an HR in Vancouver told me that if I have already received a file no. for my PR application, they can apply me for the bridge visa and they can hire me immediately.