Good day everyone, I have been following this great community for quite some time now and I really appreciate the intimate knowledge a lot of people on this site have regarding all sorts of immigration questions.
Some background on myself:
My family and I came to Canada in 2017 for my wife to study and me to work. (Open Work Permit)
I am a Senior Software Developer and applied for OINP in August 2019.
After graduating in the summer of 2019, my wife applied for and received her PGWP. (18 Sept 2019)
I then submitted an application for extension of my work permit on 20 Sept 2019.
My original Work Permit expired on 30 Sept 2019.
I was nominated by Ontario for immigration on 21 October 2019 and submitted my support letter for a work permit to CIC for my application that was submitted.
After my wife graduated, she applied for numerous jobs, was unsuccessful in all of her job applications and then had to leave for South Africa to sort out issues with our passports (the consulate in Ottawa takes 12 months to issue a new passport) and subsequently to tend to her father who suffered multiple heart attacks. She is still in South Africa at the moment and still has no employment.
I received a notification around 6pm last night that my application was rejected and that my status expired on 9 Jan 2020, citing the reason as not having uploaded my wife's proof of employment and that I have not provided sufficient evidence that I am "not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents". I know the requirement is that my wife needed employment, though I (mistakenly) assumed that a support letter showing I will be applying for PR shortly would sway them in the positive direction...
When I phoned CIC this morning and explained the situation to them, I was told that I have two options for restoring my status:
1. My wife finds a job in the next 89 days and I submit this offer of employment with pay stubs; or
2. I need to apply for PR first with my nomination and only then should I apply to restore my status under LMIA exempt category
Does anyone have any advice regarding an experience similar situation as the one I described above? Can I restore to a "closed" work permit given my letter of support prior to submitting my PR application or do I first need to submit a Permanent Residence application before I can attempt to restore my status? (The application is not submitted yet as I'm still waiting on my police clearance from South Africa - this takes ages)
If I need to submit my PR application, I have other issues in that, some of the forms ask for immigration status dates and a condition of my nomination is to still be employed at my current employer in the current role.
Any advice anyone is able to offer would be greatly appreciated!
Some background on myself:
My family and I came to Canada in 2017 for my wife to study and me to work. (Open Work Permit)
I am a Senior Software Developer and applied for OINP in August 2019.
After graduating in the summer of 2019, my wife applied for and received her PGWP. (18 Sept 2019)
I then submitted an application for extension of my work permit on 20 Sept 2019.
My original Work Permit expired on 30 Sept 2019.
I was nominated by Ontario for immigration on 21 October 2019 and submitted my support letter for a work permit to CIC for my application that was submitted.
After my wife graduated, she applied for numerous jobs, was unsuccessful in all of her job applications and then had to leave for South Africa to sort out issues with our passports (the consulate in Ottawa takes 12 months to issue a new passport) and subsequently to tend to her father who suffered multiple heart attacks. She is still in South Africa at the moment and still has no employment.
I received a notification around 6pm last night that my application was rejected and that my status expired on 9 Jan 2020, citing the reason as not having uploaded my wife's proof of employment and that I have not provided sufficient evidence that I am "not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadian citizens or permanent residents". I know the requirement is that my wife needed employment, though I (mistakenly) assumed that a support letter showing I will be applying for PR shortly would sway them in the positive direction...
When I phoned CIC this morning and explained the situation to them, I was told that I have two options for restoring my status:
1. My wife finds a job in the next 89 days and I submit this offer of employment with pay stubs; or
2. I need to apply for PR first with my nomination and only then should I apply to restore my status under LMIA exempt category
Does anyone have any advice regarding an experience similar situation as the one I described above? Can I restore to a "closed" work permit given my letter of support prior to submitting my PR application or do I first need to submit a Permanent Residence application before I can attempt to restore my status? (The application is not submitted yet as I'm still waiting on my police clearance from South Africa - this takes ages)
If I need to submit my PR application, I have other issues in that, some of the forms ask for immigration status dates and a condition of my nomination is to still be employed at my current employer in the current role.
Any advice anyone is able to offer would be greatly appreciated!
