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LOSS OF STATUS - QUERY

May 13, 2020
19
1
Hello All!
I’ve been on implied status for the past few months whilst I wait for my PR app to be processed. Unfortunately it was rejected and I’m currently trying to appeal the rejection, obviously this means I no longer have status but does anyone now if there is any kind of work around that will allow me to carry on working?


I was previously in Canada on a two year open work permit.
Many Thanks

Liam
 

sumitsaurav

Star Member
Nov 6, 2020
140
19
Hello All!
I’ve been on implied status for the past few months whilst I wait for my PR app to be processed. Unfortunately it was rejected and I’m currently trying to appeal the rejection, obviously this means I no longer have status but does anyone now if there is any kind of work around that will allow me to carry on working?


I was previously in Canada on a two year open work permit.
Many Thanks

Liam
why it got rejected?was the eligibility got passed?
 

scylla

VIP Member
Jun 8, 2010
93,131
20,630
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
Hello All!
I’ve been on implied status for the past few months whilst I wait for my PR app to be processed. Unfortunately it was rejected and I’m currently trying to appeal the rejection, obviously this means I no longer have status but does anyone now if there is any kind of work around that will allow me to carry on working?


I was previously in Canada on a two year open work permit.
Many Thanks

Liam
When you say you were on implied status, do you mean that your work permit has already expired and you had applied for a BOWP but were still waiting for that to be approved?

If that's the case, the unfortunately you're no longer entitled to work. You would need to apply to restore your status and also find a way to secure a closed work permit (most likely through a job offer and approved LMIA) before being able to work again.

If the circumstances are different, let us know since the answer may be different.
 
May 13, 2020
19
1
why it got rejected?was the eligibility got passed?
The whole situation has been a total nightmare..

I applied for permanent residency under CEC in May of this year via an immigration lawyer. I found out today that my application was rejected due to my police background check not covering the entire length of the time I was in my home country. I feel this is a huge oversight on my lawyers part and even though they said they will create a new EE profile for me and wait for another ITA, I fear they may have squandered my only chance of gaining PR. My CRS score is somewhat low (around 340) and I was part of the large pool where everyone received an ITA back in February, so I’m concerned I won’t get another one.
 

sumitsaurav

Star Member
Nov 6, 2020
140
19
The whole situation has been a total nightmare..

I applied for permanent residency under CEC in May of this year via an immigration lawyer. I found out today that my application was rejected due to my police background check not covering the entire length of the time I was in my home country. I feel this is a huge oversight on my lawyers part and even though they said they will create a new EE profile for me and wait for another ITA, I fear they may have squandered my only chance of gaining PR. My CRS score is somewhat low (around 340) and I was part of the large pool where everyone received an ITA back in February, so I’m concerned I won’t get another one.
have you not submitted the PCC for your home country?was it a mistake on the IRCC side as PCC usually gives you the complete background of the entire stay of duration
 
May 13, 2020
19
1
When you say you were on implied status, do you mean that your work permit has already expired and you had applied for a BOWP but were still waiting for that to be approved?

If that's the case, the unfortunately you're no longer entitled to work. You would need to apply to restore your status and also find a way to secure a closed work permit (most likely through a job offer and approved LMIA) before being able to work again.

If the circumstances are different, let us know since the answer may be different.
Yeah, that’s exactly the situation.

I feared the LMIA job offer route would be my only remaining option..
 
May 13, 2020
19
1
have you not submitted the PCC for your home country?was it a mistake on the IRCC side as PCC usually gives you the complete background of the entire stay of duration
I received a PCC in 2017 and submitted it as part of my application for a two year work visa through IEC. However, I didn’t leave my home country (UK) until 2018, so there was a gap of a year. I gave the same PCC to my immigration lawyer who submitted it as part of my PR application this year.
 

scylla

VIP Member
Jun 8, 2010
93,131
20,630
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
The whole situation has been a total nightmare..

I applied for permanent residency under CEC in May of this year via an immigration lawyer. I found out today that my application was rejected due to my police background check not covering the entire length of the time I was in my home country. I feel this is a huge oversight on my lawyers part and even though they said they will create a new EE profile for me and wait for another ITA, I fear they may have squandered my only chance of gaining PR. My CRS score is somewhat low (around 340) and I was part of the large pool where everyone received an ITA back in February, so I’m concerned I won’t get another one.
IMO the appeal has zero chance of succeeding since the error was not on IRCC's part. Submitting a PCC that doesn't cover the full period of stay is pretty much automatic grounds for refusal. Unfortunately IRCC won't care who made the error (i.e. you or your lawyer).

I'm sorry your lawyer messed this up. This is a really big and very basic mistake.

I would get back into the EE pool asap. There have been some low draws over the past year and you never know what might happen. You could get lucky.

Also, check out the TR to PR pathway. I don't know what occupation your work experience is under but there may be some options for you there.

Getting authorization to work again is going to be complicated at this point. You would need to secure a job offer and approved LMIA from an employer so that you can apply for a closed work permit.