***Need Advice and Opinion on my PR application***

[thuanng97]

Hi guys,
My PR application is still In-Process but I'm actually stuck in a difficult situation right now. Here's my case written below:

I originally entered Canada on July 5, 2014 on a study permit. I was graduated on June 17, 2016.

I applied for and received a Post-Graduation Work Permit effective September 14, 2016, expiring on September 14, 2017. I started working full time on March 3, 2017.

I applied for the bridging Work Permit on June 3, 2017. My application was rejected on August 24, 2017 as I did not provide IRCC my employer's Labour Market Impact Assessment (LMIA) Exempt number.

I reapplied again for the Work Permit on September 6, 2017 and included my employer's LMIA Exempt number. I was then asked by IRCC to provide the Manitoba Provincial Nominee Program (MPNP) Letter of Nomination. I did not understand why I was asked to provide this letter.

Upon further discussion with my employer, I was told that the LMIA Exempt number previously provided to me by it was to support applications for people that already have MPNP Letters of Nomination. My employer then told me on December 19, 2017 that this is the only number it has.

I did not know that my employer only has one LMIA Exempt number and that it was for a different purpose. My employer told me that it thought I had a MPNP Letter of Nomination already and as such gave me its number to support my work permit application.

Due to this misunderstanding, I could not provide IRCC with the MPNP nomination letter. Consequently, my work permit application was rejected on December 14, 2017. Due to my unintentional mistakes, I was not granted a bridging work permit and my previous Work Permit was expired (on Sep 14, 2017) so I was not allowed to work in Canada and I would have 90 days to restore my status.

I sent in my application to MPNP on December 2, 2017 and my application was acknowledged by MPNP on December 4, 2017. I also received my MPNP Letter of Nomination.

After a discussion with my current lawyer, she advised me to apply for a Visitor Record while applying for a Work Permit Restoration so I can maintain a valid status in Canada (I applied for a Visitor Record on Dec 23, 2017 and applied to restore the Work Permit on Jan 24, 2018).

February 21, 2018, IRCC rejected my Work Permit restoration because they said that I did not have a valid LMIA Exempt number from my employer.

March 05, 2018, IRCC had granted me a Visitor Record.

March 13, 2018, me and my lawyer tried to apply for the Work Permit restoration one more time and got rejected due to myself holding a Visitor Record and I have not allowed to work since then.


Since 2018 till now (2022), I have been extending my Visitor Record to maintain my valid status and waiting for IRCC’s decision on my Permanent Resident application.

May 12, 2022, Manitoba Provincial Nominee Program sent me a Withdraw Letter stating that I was not met their requirement because I have not worked since December 14, 2017. Also on the same day that IRCC sent me another Medical Exam Request.
I would believe that since MPNP has withdrawn my application then eventually IRCC will take down my PR application soon as well.

Do you guys have any advices or opinion that you can give me so I could solve this problem?


Thank you so much for your time!

 

[scylla]

Hi guys,
My PR application is still In-Process but I'm actually stuck in a difficult situation right now. Here's my case written below:

I originally entered Canada on July 5, 2014 on a study permit. I was graduated on June 17, 2016.

I applied for and received a Post-Graduation Work Permit effective September 14, 2016, expiring on September 14, 2017. I started working full time on March 3, 2017.

I applied for the bridging Work Permit on June 3, 2017. My application was rejected on August 24, 2017 as I did not provide IRCC my employer's Labour Market Impact Assessment (LMIA) Exempt number.

I reapplied again for the Work Permit on September 6, 2017 and included my employer's LMIA Exempt number. I was then asked by IRCC to provide the Manitoba Provincial Nominee Program (MPNP) Letter of Nomination. I did not understand why I was asked to provide this letter.

Upon further discussion with my employer, I was told that the LMIA Exempt number previously provided to me by it was to support applications for people that already have MPNP Letters of Nomination. My employer then told me on December 19, 2017 that this is the only number it has.

I did not know that my employer only has one LMIA Exempt number and that it was for a different purpose. My employer told me that it thought I had a MPNP Letter of Nomination already and as such gave me its number to support my work permit application.

Due to this misunderstanding, I could not provide IRCC with the MPNP nomination letter. Consequently, my work permit application was rejected on December 14, 2017. Due to my unintentional mistakes, I was not granted a bridging work permit and my previous Work Permit was expired (on Sep 14, 2017) so I was not allowed to work in Canada and I would have 90 days to restore my status.

I sent in my application to MPNP on December 2, 2017 and my application was acknowledged by MPNP on December 4, 2017. I also received my MPNP Letter of Nomination.

After a discussion with my current lawyer, she advised me to apply for a Visitor Record while applying for a Work Permit Restoration so I can maintain a valid status in Canada (I applied for a Visitor Record on Dec 23, 2017 and applied to restore the Work Permit on Jan 24, 2018).

February 21, 2018, IRCC rejected my Work Permit restoration because they said that I did not have a valid LMIA Exempt number from my employer.

March 05, 2018, IRCC had granted me a Visitor Record.

March 13, 2018, me and my lawyer tried to apply for the Work Permit restoration one more time and got rejected due to myself holding a Visitor Record and I have not allowed to work since then.


Since 2018 till now (2022), I have been extending my Visitor Record to maintain my valid status and waiting for IRCC’s decision on my Permanent Resident application.

May 12, 2022, Manitoba Provincial Nominee Program sent me a Withdraw Letter stating that I was not met their requirement because I have not worked since December 14, 2017. Also on the same day that IRCC sent me another Medical Exam Request.
I would believe that since MPNP has withdrawn my application then eventually IRCC will take down my PR application soon as well.

Do you guys have any advices or opinion that you can give me so I could solve this problem?


Thank you so much for your time!

I unfortunatley agree that you should be expecting a refusal for the PR application. In my opinion the work permit restoration was never going to work and not working was definitely going to result in the PNP application being refused. I find it interesting that your lawyer told you to just remain in Canada on a visitor record and expected that to work. But what's done is done.

I think you need to look at reapplying for PR from scratch. Unfortunately CEC is out of the question since your Canadian work experience is now too old. So you would need to look at applying through FSW / Express Entry or one of the PNP programs.

 

[thuanng97]

I unfortunatley agree that you should be expecting a refusal for the PR application. In my opinion the work permit restoration was never going to work and not working was definitely going to result in the PNP application being refused. I find it interesting that your lawyer told you to just remain in Canada on a visitor record and expected that to work. But what's done is done.

I think you need to look at reapplying for PR from scratch. Unfortunately CEC is out of the question since your Canadian work experience is now too old. So you would need to look at applying through FSW / Express Entry or one of the PNP programs.

Thank you for your reply,
So I guess I have to leave Canada, reapply to enter Canada as a worker then reapply for PR from scratch?

 

[scylla]

Thank you for your reply,
So I guess I have to leave Canada, reapply to enter Canada as a worker then reapply for PR from scratch?

You don't need to be in Canada or working in Canada to potentially qualify for PR. How many points to you have under Express Entry?

 

[thuanng97]

You don't need to be in Canada or working in Canada to potentially qualify for PR. How many points to you have under Express Entry?

I applied for my PR from PNP in paper, I haven't tried to apply under Express Entry.

 

[scylla]

I applied for my PR from PNP in paper, I haven't tried to apply under Express Entry.

Yes, I understand that. You should calculate your points under Express Entry to understand if you have a chance of being selected under this program.

You could also try to appeal the MPNP decision once it's refused. However I don't see this working for you given you haven't worked for 5 years. We've seen people refused for far less than that. If you could go back in time to 2017 or 2018, my recommendation to you would have been to find a new employer in Canada willing to give you an approved LMIA so that you could apply for a new work permit. But you can't go back in time and it's too late for that.

 

[thuanng97]

Yes, I understand that. You should calculate your points under Express Entry to understand if you have a chance of being selected under this program.

You could also try to appeal the MPNP decision once it's refused. However I don't see this working for you given you haven't worked for 5 years. We've seen people refused for far less than that. If you could go back in time to 2017 or 2018, my recommendation to you would have been to find a new employer in Canada willing to give you an approved LMIA so that you could apply for a new work permit. But you can't go back in time and it's too late for that.

Yes, I know.
That's why I am planning to come back to Canada as a student again and re-do the PR application process from scratch.

 

[scylla]

Yes, I know.
That's why I am planning to come back to Canada as a student again and re-do the PR application process from scratch.

You can certainly study in Canada again under a study permit. But be aware that you won't qualify for another PGWP. You can only get a PGWP once in a lifetime.

 

[thuanng97]

You can certainly study in Canada again under a study permit. But be aware that you won't qualify for another PGWP. You can only get a PGWP once in a lifetime.

Thank you for your reminder, I will look into it.