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Important AINP - Work Permit related Issue!!!

sandy1989

Newbie
Nov 19, 2014
5
0
Hello!
I'd like to get a second opinion regarding the immigration dilemma I am in. I work for a company in Calgary and applied under the Alberta Nominee Program (International graduate Criteria) for my PR. I was on a 1 year OPEN Post Graduate Work Permit which expired on July 31st, 2014. I got my AINP Nomination confirmed from CPC Vergeville on the JULY 29th, 2014, just 2 days before my open work permit was to expire. However, since I wasn't sure when I would get a response from them, my lawyers advised me to apply for a bridging work permit just to buy some more time on hand. Thus, I was able to work under implied status even after July 31st, 2014.
However, on September 9th, 2014, I got an email from my lawyer saying my work permit was rejected despite their informing CPC Vegreville of the confirmed AINP nomination that I received. My lawyer is attempting to get them to reopen and reverse this decision and have sent my papers back to them, but I still haven't heard from CPC Vergreville about their decision. I was told to stop working as I no longer have implied status and I've been waiting since 2 months for an answer now..
The AINP Nomination that I received states that I have to apply for my Permanent Residency before January 2015..I guess after that it would stand void. But now I cant even apply for my PR since I don't have a work permit and I've stopped working.
I'd like to know if anyone can advise me as to what my options are from here.... How long will this take and till when can I legally live in Canada?
Thank You!
 

dell2

Hero Member
Feb 3, 2011
783
52
Calgary, Alberta.
[size=10pt]Just my opinion, seek professional help.[/size]

when did you apply BOWP ?
Your work permit expired July 31,2014 + 90 days(To restore status) = Oct 29/2014.
BWOP Rejected - Sep 9/2014 (Stop working)

Did you apply Restoration of status & work permit or visitor before Oct 29/ 2014 ? if not i think you are OUT OF STATUS now. you'll have to leave country ASAP.

you only have couple of options left i think.
a) CEC- if you worked more than 1 yr in Canada. you might qualify under CEC but you'll have to leave country.
b) Call AINP ask for support letter and apply for PR directly. I'm not sure if you can apply PR directly without job/work permit.
c) Get LMIA with employer.
d) Wait for Express Entry 2015

Again, look for Seniors help.

Good Luck.
 

racheal178

Star Member
Sep 5, 2013
140
0
Category........
Visa Office......
CPP-O
NOC Code......
6311
Job Offer........
Pre-Assessed..
App. Filed.......
24-02-2014
Doc's Request.
NONE
Nomination.....
01-01-2014
AOR Received.
22-03-2014
IELTS Request
No
Med's Request
22-03-2014
Med's Done....
01-04-2014
sandy1989 said:
Hello!
I'd like to get a second opinion regarding the immigration dilemma I am in. I work for a company in Calgary and applied under the Alberta Nominee Program (International graduate Criteria) for my PR. I was on a 1 year OPEN Post Graduate Work Permit which expired on July 31st, 2014. I got my AINP Nomination confirmed from CPC Vergeville on the JULY 29th, 2014, just 2 days before my open work permit was to expire. However, since I wasn't sure when I would get a response from them, my lawyers advised me to apply for a bridging work permit just to buy some more time on hand. Thus, I was able to work under implied status even after July 31st, 2014.
However, on September 9th, 2014, I got an email from my lawyer saying my work permit was rejected despite their informing CPC Vegreville of the confirmed AINP nomination that I received. My lawyer is attempting to get them to reopen and reverse this decision and have sent my papers back to them, but I still haven't heard from CPC Vergreville about their decision. I was told to stop working as I no longer have implied status and I've been waiting since 2 months for an answer now..
The AINP Nomination that I received states that I have to apply for my Permanent Residency before January 2015..I guess after that it would stand void. But now I cant even apply for my PR since I don't have a work permit and I've stopped working.
I'd like to know if anyone can advise me as to what my options are from here.... How long will this take and till when can I legally live in Canada?
Thank You!
u still can use yr nomination letter to restore yr status and get new work permit. u dont have to leave the country right away since u have 90days to restore yr status in canada.

cheers
 

dell2

Hero Member
Feb 3, 2011
783
52
Calgary, Alberta.
I think his 90 days were over on 29 Oct/2014.
Moreover AINP do not give nominations after WP expiry anymore (they told me this on the phone, No nominations in restoration period) i know some people have gotten theirs but not anymore. if it was in BC or other province then it was different case.
 

astasi

Champion Member
Jun 12, 2010
1,247
39
Category........
Visa Office......
CPP-Ottawa
NOC Code......
6313
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2014
AOR Received.
19-09-2014
Med's Request
23-03-2015
Med's Done....
30-07-2014
Passport Req..
16-06-2015
VISA ISSUED...
26-06-2015
LANDED..........
22-07-2015
Hi,

You can apply for restoration as the 90 days start from September 9th meaning you have time till December 8th (or 90 days from the day CIC rejected your WP application) and restore your status to visitor and in the meanwhile convince the company to apply for LMIA or find an employer willing to apply the LMIA.

You can apply for CEC if you have one year of work experience in a skilled job before the new Express Entry system of immigration is introduced in January 2015 but without a valid work permit your PNP nomination is no good.

If you do not intend to restore your status you should exit Canada before the 90 days deadline.
 

sandy1989

Newbie
Nov 19, 2014
5
0
Thank you all for your replies.
I believe my lawyer has applied for a restoration. At least he told me that he had sent them my papers back with my AINP Nomination stating that I have my nomination confirmed and that theres no reason why I shouldn't receive a work permit. But we haven't heard back anything till today and its been for than 2 months... considering he sent them a re-appeal on the Sept 10, 2014.
So I'm not sure till when can I legally wait...?????
 

susana

Hero Member
Nov 4, 2008
513
25
sandy1989 said:
Thank you all for your replies.
I believe my lawyer has applied for a restoration. At least he told me that he had sent them my papers back with my AINP Nomination stating that I have my nomination confirmed and that theres no reason why I shouldn't receive a work permit. But we haven't heard back anything till today and its been for than 2 months... considering he sent them a re-appeal on the Sept 10, 2014.
So I'm not sure till when can I legally wait...?????


Members of this forum are only expressing their opinions. If you have a lawyer and he applied for restoration of status you are legally in canada until a decision is made in your application. If your apllication is refused again, then your AINP certificate is no longer valid as it was tied to your employer.
 

sandy1989

Newbie
Nov 19, 2014
5
0
Thank you for your response!

I have another question... I was told by somebody that once you get the AINP Nomination, you can apply for a 2 years OPEN work permit.. Is that true?

Also, my second question is, can you apply for PR without a work permit? I was going through the checklist and no where it said you need a work permit to apply for PR. All you need is the AINP Nomination and you are good... Is this correct?
 

susana

Hero Member
Nov 4, 2008
513
25
sandy1989 said:
Thank you for your response!

I have another question... I was told by somebody that once you get the AINP Nomination, you can apply for a 2 years OPEN work permit.. Is that true? not true. To apply for the open work permit you need your file number from CIC (acknowleadge of receipt). If you received the nomination and you have a positive LMIA you can apply for a closed work permit. Both are issued for one year only.

Also, my second question is, can you apply for PR without a work permit? I was going through the checklist and no where it said you need a work permit to apply for PR. All you need is the AINP Nomination and you are good... Is this correct? If your nomination is under Employer Driven Stream you need a valid work permit with the same employer that nominated you at the time of the apllication and when a decision is made. May not be on the list but is one of the requirements to qualify under the stream .
 

sharuu

Champion Member
Jun 2, 2009
2,134
27
Visa Office......
Buff - Ott
Job Offer........
Pre-Assessed..
App. Filed.......
March 2011
AOR Received.
September 2011
File Transfer...
July 2012
Passport Req..
December 2012
VISA ISSUED...
December 2012
LANDED..........
February 2013
sandy1989 said:
Hello!
I'd like to get a second opinion regarding the immigration dilemma I am in. I work for a company in Calgary and applied under the Alberta Nominee Program (International graduate Criteria) for my PR. I was on a 1 year OPEN Post Graduate Work Permit which expired on July 31st, 2014. I got my AINP Nomination confirmed from CPC Vergeville on the JULY 29th, 2014, just 2 days before my open work permit was to expire. However, since I wasn't sure when I would get a response from them, my lawyers advised me to apply for a bridging work permit just to buy some more time on hand. Thus, I was able to work under implied status even after July 31st, 2014.
However, on September 9th, 2014, I got an email from my lawyer saying my work permit was rejected despite their informing CPC Vegreville of the confirmed AINP nomination that I received. My lawyer is attempting to get them to reopen and reverse this decision and have sent my papers back to them, but I still haven't heard from CPC Vergreville about their decision. I was told to stop working as I no longer have implied status and I've been waiting since 2 months for an answer now..
The AINP Nomination that I received states that I have to apply for my Permanent Residency before January 2015..I guess after that it would stand void. But now I cant even apply for my PR since I don't have a work permit and I've stopped working.
I'd like to know if anyone can advise me as to what my options are from here.... How long will this take and till when can I legally live in Canada?
Thank You!
This is what you should have done,

Once you were on implied status you received your AINP, you should have re applied for a bridging work permit. I think you should do that now asap. You waited too long as I do not see how CIC should reverse their decision as when you applied your werent nominated. Now, in regards to applying for PR, firstly you are not working, I am not sure if you have quit or what are your work circumstances? Can you apply through CEC now?
 

A.G.Pennypacker

Star Member
Jun 3, 2014
58
2
If I understand your situation correctly; then i think you'll have to leave the country, apply for a job within Alberta and use the offer of employment alongside a letter of support from the nomination office to re-apply for a Work Permit.

Staying in Canada without status will only hurt your chances of getting PR. CIC can't give PR to someone who's in Canada without legal status.

In my opinion; you should leave immediately otherwise it may look like your trying to circumvent the system.

It's an unfortunate situation but I don't think anyone is at fault. It was just bad timing. Having said that, applying for a BOWP without first getting the nomination was a risky strategy.

On the brightside, at least you were nominated.
 

Phil89

Champion Member
Sep 11, 2014
1,176
20
A.G.Pennypacker said:
If I understand your situation correctly; then i think you'll have to leave the country, apply for a job within Alberta and use the offer of employment alongside a letter of support from the nomination office to re-apply for a Work Permit.

Staying in Canada without status will only hurt your chances of getting PR. CIC can't give PR to someone who's in Canada without legal status.

In my opinion; you should leave immediately otherwise it may look like your trying to circumvent the system.

It's an unfortunate situation but I don't think anyone is at fault. It was just bad timing. Having said that, applying for a BOWP without first getting the nomination was a risky strategy.

On the brightside, at least you were nominated.
Why does he have to leave the country, if he is on implied status and received his nomination that can be used to obtain BOWP? I think before giving advices, you should be 100% sure that you are right, rather than sending a person home! geez
 

astasi

Champion Member
Jun 12, 2010
1,247
39
Category........
Visa Office......
CPP-Ottawa
NOC Code......
6313
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2014
AOR Received.
19-09-2014
Med's Request
23-03-2015
Med's Done....
30-07-2014
Passport Req..
16-06-2015
VISA ISSUED...
26-06-2015
LANDED..........
22-07-2015
Phil89 said:
Why does he have to leave the country, if he is on implied status and received his nomination that can be used to obtain BOWP? I think before giving advices, you should be 100% sure that you are right, rather than sending a person home! geez
While he does not need to leave the country right away he is not eligible to apply for a BOWP.
 

sandy1989

Newbie
Nov 19, 2014
5
0
Thank you all for your reply!

I have some good news to share with you'll. I received my WORK PERMIT yesterday for 2 YEARS!!! I guess I was on implied status all this time as my papers were in process. I can finally get back to work now. Also, I can finally apply for my PR using my AINP Nomination.

Thank you all for taking the time to reply in this forum. I really appreciate it :)
 

astasi

Champion Member
Jun 12, 2010
1,247
39
Category........
Visa Office......
CPP-Ottawa
NOC Code......
6313
Job Offer........
Pre-Assessed..
App. Filed.......
13-07-2014
AOR Received.
19-09-2014
Med's Request
23-03-2015
Med's Done....
30-07-2014
Passport Req..
16-06-2015
VISA ISSUED...
26-06-2015
LANDED..........
22-07-2015
sandy1989 said:
Thank you all for your reply!

I have some good news to share with you'll. I received my WORK PERMIT yesterday for 2 YEARS!!! I guess I was on implied status all this time as my papers were in process. I can finally get back to work now. Also, I can finally apply for my PR using my AINP Nomination.

Thank you all for taking the time to reply in this forum. I really appreciate it :)
Congratulations... ;D

Is it a closed work permit?