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Help Nedded: Work permit refused

vyas1782

Full Member
Jan 28, 2015
26
0
Hello,

My current open work permit will expire on July 30, 2016. I applied for open work permit extension in May, 2016 and got it refused already. I know about the restoration of status procedure; however, can it still be applied in this case?

In the refusal letter they have mentioned the expiry date of current permit. Need some advise on this please!

Thank you.
 

scylla

VIP Member
Jun 8, 2010
93,027
20,586
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
Impossible for us to say without knowing why you were refused and why you qualify for an open work permit extension.
 

vyas1782

Full Member
Jan 28, 2015
26
0
Hi,

Sorry for the incomplete information. Here is the case.
I was on study permit and my wife had open work permit. I applied for PGWP and got it but my spouse OWP was refused because I did not have job in NOC 0,A or B which I understood. What I need is to buy some time so that I can get into a required job so that she can get the OWP. Now the question I have is

1. Once the OWP is refused before the expiry of current one, Is it necessary to apply before that date? Or I can still use the restoration of status procedure in which I can apply within 90 days of expired status?

2. Also I need to know, is it possible to apply her visitor visa before July 30th, so she can come back later on ( considering that she has to go back in the worst case)??
 

scylla

VIP Member
Jun 8, 2010
93,027
20,586
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
She can continue working on her current OWP as long as it's still valid. If you secure a full time job that is NOC A, B or 0, have at least one pay slip for this job, and are able to reapply for her OWP before the OWP expires, then she will have implied status and can continue working until the results of this second application are known. If her OWP expires first, she will need to stop working immediately. If you are able to secure job before the 90 day period runs out, then she will apply to restore her status back to a work permit.

Otherwise she will need to leave Canada and apply for a new visitor visa from outside of Canada.
 

vyas1782

Full Member
Jan 28, 2015
26
0
Hi,
Thanks for the reply. That means she will not need to leave Canada by July 30th right? She can still apply after 30th July for up to 90 days (if I manage to secure job in NOC 0 a or B) under restoration of status?
 

Anushaja

Full Member
Feb 1, 2024
38
2
Hi,
Thanks for the reply. That means she will not need to leave Canada by July 30th right? She can still apply after 30th July for up to 90 days (if I manage to secure job in NOC 0 a or B) under restoration of status?
Hello, I am in the same situation. Did you apply for restoration? I got my first refusal on Spousal open work permit and I reapplied before the expiry of initial work permit. I am very confused about restoration. Do I need to apply for restoration?
 

Buletruck

VIP Member
May 18, 2015
6,694
2,534
Hello, I am in the same situation. Did you apply for restoration? I got my first refusal on Spousal open work permit and I reapplied before the expiry of initial work permit. I am very confused about restoration. Do I need to apply for restoration?
8 year old post......