+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Out of status during PR application.. Help please

SSLEE

Full Member
Dec 4, 2015
43
3
Hey everyone,

hoping someone can answer my question..
I was on PGWP which expired this August. I extended my work permit with LMIA which was still getting processed.
I didn't have ITA at the time so I couldn't do BOWP.
my employer and I filed two LMIA.. both came back negative.
We are in oil and gas industry in Alberta..so tough to argue that there are no other Canadians to fill the job.

anyways so we filed for the extension knowing it will come back negative - just to buy some time
Now the WP extension refusal came in and now im out of status.

Im going to restore my status as a visitor meanwhile..and I did inform CIC of my employment change.

Will this affect my PR application because now my status went from worker to visitor?
thanks,
 

itsns

Star Member
Dec 9, 2014
71
3
Vancouver
Visa Office......
Vancouver
Med's Request
submitted
As long as you were within your rights to apply for restoration and you do not work during the restoration and/or visitor status you have nothing to worry about.

Here is my experience to help you see why:
I was on a PGWP that expired dec 2014, and before it expired I applied for FSW 2014 in Oct 2014 & Work Permit extension (at that time I expected to get one without a LMIA) - needless to say the work permit extension was denied (online) before my visa expired.

But to buy time I was able to reapply for an extension (paper application) - my employer also applied for an LMIA during this time. By feb 2015 I was refused FSW 14 because cap was reached.

With no FSW, and slow LMIA process - it was no surprise that when March 2015 came I was refused a work permit extension.

I went on to restoration. I applied for a restoration with study permit (which allowed me to wrok and study) before the 90 day mark. I was not able to work/study/travel for 6 months. I got my study permit in Sep 2015. (In june 2015 my LMIA was refused due to an error by my lawyer - Mr. Ram Sankaran who forgot to update the job bank ad when it had expired. Citing that we did not continue to look for a canadian for the job)

But in March 2015 - I also got an ITA : and I had applied by May 2015 since most of my checklist was complete due to my FSW 2014 app. I got the police checks, medicals, etc in the time I was on restoration. It was difficult but not impossible.

By Sept 2015 I was in University doing my first Sem but also had a FSW 2015 EE application under process..
I got approved in Oct 2015. I am now a permanent resident.
 

CanadaWeCome

Champion Member
Oct 1, 2015
2,387
128
124
Category........
Visa Office......
Express Entry FSW Outlander
NOC Code......
4031/4032
Job Offer........
Pre-Assessed..
Nomination.....
Awaiting
AOR Received.
15-12-2015
IELTS Request
27-06-2015
Great Story +1
 

akhil5293

Hero Member
Sep 8, 2011
653
11
123
Category........
Visa Office......
CPC Ottawa
Job Offer........
Pre-Assessed..
Nomination.....
Yes
Passport Req..
15-12-16
VISA ISSUED...
21-12-16
LANDED..........
30-12-16
itsns said:
As long as you were within your rights to apply for restoration and you do not work during the restoration and/or visitor status you have nothing to worry about.

Here is my experience to help you see why:
I was on a PGWP that expired dec 2014, and before it expired I applied for FSW 2014 in Oct 2014 & Work Permit extension (at that time I expected to get one without a LMIA) - needless to say the work permit extension was denied (online) before my visa expired.

But to buy time I was able to reapply for an extension (paper application) - my employer also applied for an LMIA during this time. By feb 2015 I was refused FSW 14 because cap was reached.

With no FSW, and slow LMIA process - it was no surprise that when March 2015 came I was refused a work permit extension.

I went on to restoration. I applied for a restoration with study permit (which allowed me to wrok and study) before the 90 day mark. I was not able to work/study/travel for 6 months. I got my study permit in Sep 2015. (In june 2015 my LMIA was refused due to an error by my lawyer - Mr. Ram Sankaran who forgot to update the job bank ad when it had expired. Citing that we did not continue to look for a canadian for the job)

But in March 2015 - I also got an ITA : and I had applied by May 2015 since most of my checklist was complete due to my FSW 2014 app. I got the police checks, medicals, etc in the time I was on restoration. It was difficult but not impossible.

By Sept 2015 I was in University doing my first Sem but also had a FSW 2015 EE application under process..
I got approved in Oct 2015. I am now a permanent resident.

Hi I Need help!! I have the similar situation as you!! status expired and applied for study permit and expecting ITA!!
My consultant apply for the paper base application, just to buy the time!! Please help and guide me!
 

Chihaz

Star Member
Sep 11, 2019
102
81
@scylla can one apply for PR via Express entry if out of status in their country of residence. They can obtain PCC which is clear?
 

scylla

VIP Member
Jun 8, 2010
93,598
20,902
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
@scylla can one apply for PR via Express entry if out of status in their country of residence. They can obtain PCC which is clear?
I think so but I am not 100% sure.