Do I have to leave Canada? (received email from CIC)

[tidelander]

I received a letter from CIC saying that:

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 am foreign worker in Canada with expired status. Here are the facts:
1. November 20, 2014 - applied for work permit extension by paper. Applied with no LMIA because (see next point)
2. November 28, 2014 - original work permit expired. I applied before current work permit expired and complied with the conditions of original work permit (meaning I kept working for same employer). So from November 29, 2014 I had implied status as worker.
3. January 27, 2015 - I received a letter from CIC that work permit extension was rejected (no LMIA) and status expired. Letter said I had 90 days to apply for restoration.
4. February 9, 2015 (day 13 out of 90 for restoration) - applied for restoration of status as worker by paper (still without LMIA). My expectation was that by the time application would be processed I would receive LMIA. I wanted to decrease the wait time because restoration is soooo long.
5. March 23, 2015 (day 56 of 90 for restoration) - called CIC and cancelled restoration of status as worker application from February 9 because still no LMIA and processing time was close (did not want to risk any more). I expected to receive a refund for this application because I cancelled it like 20 days before it was to be processed (according to processing times on CIC website).
6. April 23, 2015 (day 86 of 90 for restoration) - applied online for restoration of status as worker because I received LMIA.

Now the problem started below.
7. June 18, 2015 - received a email from CIC that refers to the application from February 9, 2015 and says that I am out of status and have to leave Canada (see quote at the start of the topic). The content of the e-mail was 1 PDF file and here is the link to page #1 and page #2.

Now my question is: do I have to leave Canada? Is it a departure order?
Before you answer pay attention to point #6 - I applied for restoration on April 23, 2015 before 90 days expired and this application still has not been processed. So even though I am out of status I believe I may stay in Canada.
Also reading CIC website here it seems like departure order has a form number and this is how you can tell it's a departure order. My PDF does not have any form numbers so I think it's not a removal order. Anyway I want to check with the community because with such things you have to be 101% sure.

Bottom point: I expected to receive a refund for this application but for some reason I haven't. I think this PDF is not a removal order but I ask you to verify this.

 

[ButterflyChemist]

I received a letter from CIC saying that:

I am foreign worker in Canada with expired status. Here are the facts:
1. November 20, 2014 - applied for work permit extension by paper. Applied with no LMIA because (see next point)
2. November 28, 2014 - original work permit expired. I applied before current work permit expired and complied with the conditions of original work permit (meaning I kept working for same employer). So from November 29, 2014 I had implied status as worker.
3. January 27, 2015 - I received a letter from CIC that work permit extension was rejected (no LMIA) and status expired. Letter said I had 90 days to apply for restoration.
4. February 9, 2015 (day 13 out of 90 for restoration) - applied for restoration of status as worker by paper (still without LMIA). My expectation was that by the time application would be processed I would receive LMIA. I wanted to decrease the wait time because restoration is soooo long.
5. March 23, 2015 (day 56 of 90 for restoration) - called CIC and cancelled restoration of status as worker application from February 9 because still no LMIA and processing time was close (did not want to risk any more). I expected to receive a refund for this application because I cancelled it like 20 days before it was to be processed (according to processing times on CIC website).
6. April 23, 2015 (day 86 of 90 for restoration) - applied online for restoration of status as worker because I received LMIA.

Now the problem started below.
7. June 18, 2015 - received a email from CIC that refers to the application from February 9, 2015 and says that I am out of status and have to leave Canada (see quote at the start of the topic). The content of the e-mail was 1 PDF file and here is the link to page #1 and page #2.

Now my question is: do I have to leave Canada? Is it a departure order?
Before you answer pay attention to point #6 - I applied for restoration on April 23, 2015 before 90 days expired and this application still has not been processed. So even though I am out of status I believe I may stay in Canada.
Also reading CIC website here it seems like departure order has a form number and this is how you can tell it's a departure order. My PDF does not have any form numbers so I think it's not a removal order. Anyway I want to check with the community because with such things you have to be 101% sure.

Bottom point: I expected to receive a refund for this application but for some reason I haven't. I think this PDF is not a removal order but I ask you to verify this.

If the letter says you need to leave then you should. Waiting for the situation to escalate is unwise. I will try to answer some of the points based on my understanding.

In response to point 4
You needed to restore status to visitor, not worker.Let's look at the facts. You were on implied status when you applied for new work permit in Nov. and could have continued working until a decision was made. In Jan. when decision was made you were no longer on implied worker status and had to stop working. At this point you should have applied for visitor status, call it restoration or what have you but your category should have been VISITOR and not worker I think.

Point 6 points out that you applied for a new work permit before 90 days but you did so while being in Canada on expired worker status and not having changed your status to visitor or applying to change to visitor you were out of status and so not eligible to make the worker application from within Canada in the first place. You need to leave and apply for your new permit from your home country in my opinion.

 

[tidelander]

Thank you for your reply.
I really appreciate your help.
Restoration as worker is legal and is possible. Guide 5553 - Applying to Change Conditions or Extend Your Stay in Canada - Worker refers to this. Also there is CIC Help Center answer on this.

In addition to everything I wrote above I can also add that I applied for PR under Express Entry Federal Skilled Worker (EE FSW) on April 9, 2015.
So currently I have restoration as worker application and PR in process.

 

[tidelander]

I called CIC call center and agent told me it's not a removal order.
She also told me to wait till the application submitted on April 23 would be processed.
Now I don't understand why application fee was not refunded. I cancelled application long before it was processed...

 

[ABBA71]

6. April 23, 2015 (day 86 of 90 for restoration) - applied online for restoration of status as worker because I received LMIA.

I would like some opinion from about applying the restoration status of work permit. My bf's work permit expired on March 31, 2015 and we applied extended work permit without LMIA on February 26, 2015. CIC rejected it on June 9, 2015. However on March 16, 2015, he received a PNP certificate.

My question is how to answer the IMM5710 page 4, number 2 about
2a. Have you ever remained beyond the validity of your status, attended school without authorization, or worked without authorization?

Should we check the NO or YES box?

Because he was in implied status from March 31 until June 9. He stopped working since he got that email from CIC but he still remains in Canada to restore his status of worker.

Could you please help me with this matter? Thanks.

 

[tidelander]

CIC rejected it on June 9, 2015.

Your boyfriend should have received notification from CIC saying that application was rejected. It also should say something like 'your temporary resident status EXPIRED on June 9, 2015.'
So if he stayed in Canada past June 9 he remained in Canada beyond the validity of his status.

2a. Have you ever remained beyond the validity of your status, attended school without authorization, or worked without authorization?

I believe you should answer 'yes'.

 

[ABBA71]

Your boyfriend should have received notification from CIC saying that application was rejected. It also should say something like 'your temporary resident status EXPIRED on June 9, 2015.'
So if he stayed in Canada past June 9 he remained in Canada beyond the validity of his status.

I believe you should answer 'yes'.

http://s18.postimg.org/yjkkzjc15/IMM5710.jpg

So for all the question on 2a, b and c will be yes for the answer. Is that correct? Thanks

 

[tidelander]

a) yes.
b) yes because work permit was rejected on June 9.
c) obviously yes because how otherwise he would have gotten into Canada?

Don't forget to provide detailed explanation for each paragraph.

 

[tidelander]

Now I don't understand why application fee was not refunded. I cancelled application long before it was processed...

Update on this case.
I received an email today (5 days later) from CIC that application fee would be refunded.

 

[tidelander]

Just FYI.
I got my status restored back and got a work permit for 2 years.

 

[tonero]

Good loook! how long did the entire process take

 

[tidelander]

April 23, 2015 - application submitted online
July 17, 2015 - approved

 

[tonero]

Not bad , did you use a lawyer? Turns out these people do listen if you can properly explain yourself and provide everything they need,

 

[tidelander]

no I did not

 

[Lyt]

Hi tidelander,

I'm in the same situation as you. The agent that my boss hired simultaneously applied for lmia and my work permit hoping that the lmia will be approved first. My permit expired April 20, 2015 and so I was able to work under implied status. However, last July 8 I got a letter saying my work permit was refused because there's no lmia and my temporary resident status expired on July 8. I have 90 days to restore my status and I was supposed to do what you did applying for a restoration without lmia. But I did not do it and luckily I received my positive lmia today and is about to apply for restoration. Is it possible to apply online or is it best to apply thru writing? And also for the part which asks current status in canada I should indicate out of status restoration, right? And for background check about staying beyond your status (questions 2a,2b and 2c) I need to answer yes right? Do I need to provide explanation on a separate paper? And for details of intended work in canada, what should be the duration of expected employment? Can I just mention any dates? I hope that you can help me. Thanks in advance.