Help with a work permit refusal

[Geof]

My son came to Canada on a study permit in 2009. He completed his degree at a Canadian college and then obtained a work permit in 2012 under the post-graduate program. He worked for a company here in Ontario and applied for PR under the CEC in 2014. In June 2015 he received a letter from CIC saying that he was found admissible to Canada and to call to arrange for his PR card. He went to get his work permit from our home and discovered that he had let it expire (this was the 30 June 2015 and his WP had expired on June 26th 2015).

Yes we know that is his fault. He was told to stop work immediately and to apply for restoration. He did this and the application was received by CEC on the 17th July. His work put him on an LOA and he has been waiting since then. Today he received a notification from CIC that his application for a bridging work permit had been refused and he was to leave Canada. He did not apply for a bridging work permit, he applied for a restoration of status. Has CIC confused this or are they the same thing? What can we/he do now?

Thanks
Geof

 

[mandeep13]

hi

i m also in the same situation that i applied for PR in july 2014. as my file was in process under cec. i applied for bridge extension on may 20
2015. and made mistake by paying $155 only. and got refusal for that i didn't pay $100 for open work permit. now i m on restoration period.
can anyone help me with this?

can i reapply for workpermit just with my file no from cic. as i dont have any lmia.

 

[Vedder]

Sorry to hear about your troubles. I don't have any answers but it may be worth seeking the advice of an immigration lawyer

 

[c2h5oh]

In June 2015 he received a letter from CIC saying that he was found admissible to Canada and to call to arrange for his PR card.

What is exactly in the letter he got from CIC? Is it a COPR (Confirmation of Permanent Residence) letter or AOR (Acknowledgment Of Receipt) - a letter stating that the application is complete (nothing is missing) and they have accepted the processing payment?

It it's COPR all he has to do is arrange landing and he'll become a permanent resident, he no longer needs visa, etc.

Yes we know that is his fault. He was told to stop work immediately and to apply for restoration. He did this and the application was received by CEC on the 17th July. His work put him on an LOA and he has been waiting since then. Today he received a notification from CIC that his application for a bridging work permit had been refused and he was to leave Canada. He did not apply for a bridging work permit, he applied for a restoration of status. Has CIC confused this or are they the same thing? What can we/he do now?

Assuming that he got AOR and not COPR (see above):
Are you 100% sure the application sent for restoration of status and not BOWP? The same form is used for both, you select a different option in 1st field.
If it was for BOWP it would get refused, because you can't restore your status by applying for BOWP (see http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob485A.asp )
If it wasn't for BOWP but you received BOWP refusal instead of restoration of status refusal give them the call.

Once you called them you'll know what to do next: if it was restoration refusal he should leave the country ASAP (days, not weeks!) and try to get a status (even a visitor visa) from outside of Canada. Do not flagpole.
You might want to consult an immigration lawyer.

i m also in the same situation that i applied for PR in july 2014. as my file was in process under cec. i applied for bridge extension on may 20
2015. and made mistake by paying $155 only. and got refusal for that i didn't pay $100 for open work permit. now i m on restoration period.
can anyone help me with this?

can i reapply for workpermit just with my file no from cic. as i dont have any lmia.

I would consult a lawyer, because you might have some options to rectify the situation as it was not lack of eligibility, but a simple error on your part.
You can't apply for new wp, because you don't have any basis for it - you don't have lmia and you can't get bowp on restoration.
You could delay applying for restoration of status for as much as possible (you have 90 days since refusal) - until your restoration application is refused you are allowed to stay in Canada and that might be just long enough for you to get COPR.
I wouldn't use the last option unless i've tried everything else.

 

[Geof]

Yes you are correct. We had some bad advice from CIC back in July. We flagpoled him last night and his PR was completed. He is now legal and landed! Thanks very much for your responses!

 

[jes_ON]

I see you have already figured out that he did not need a new work permit, that all he really needed to do was to complete the landing. Congratulations to your son for completing his landing!

I'm responding to your questions just in case there are others with the same questions -

My son came to Canada on a study permit in 2009. He completed his degree at a Canadian college and then obtained a work permit in 2012 under the post-graduate program. He worked for a company here in Ontario and applied for PR under the CEC in 2014. In June 2015 he received a letter from CIC saying that he was found admissible to Canada and to call to arrange for his PR card.

I assume you mean that he received the COPR and he was told to call to make an appointment to do an inland landing.

He was told to stop work immediately and to apply for restoration.

Standard form letter for anyone whose in-Canada work permit application is refused - unfortunately, the letter is not going to be customized based on information about his PR application.

He did this and the application was received by CEC on the 17th July. His work put him on an LOA and he has been waiting since then. Today he received a notification from CIC that his application for a bridging work permit had been refused and he was to leave Canada. He did not apply for a bridging work permit, he applied for a restoration of status.

When you apply for restoration of status, it is IN ADDITION TO an application for a new work permit. You cannot apply for restoration without also applying to renew the status you are restoring.

If he really did not apply for a work permit, the application should have been returned as incomplete.

IF he paid fees for a new work permit but did not provide an LMIA or other explanation, then it would have been processed for a BOWP (based on having the PR application "in process"). Your son was not eligible for a BOWP (as the old work permit had expired already - the old permit must still be valid at the time of application). So it was refused.