PR application refused on wrong grounds

[naecruz]

Hi guys, my application was refused on Jan 21st, the officer stated that I did not leave Canada after I got a restoration of status denied on November 27th, which is not true because I left Canada on December 6th, 2018.

After I received the denial on Nov 27th, on the letter said I could either reapply within 90 days for another restoration or leave Canada. I decided to leave Canada, so I packed my things and left. At the airport I asked CBSA officer for a letter of departure so it would be on their records I left the country. To my surprise the officer lady said she would not give me one because I was not demanded by IRCC to leave immediately, it was considered a voluntarily departure. She said: just keep your boarding passes and stamps that the IRCC officer will need as proof.

I submitted a change of address and 3 days later I got the refusal for my PR application. I submitted a web form requesting reconsideration and I attached all the documents as proof that I left the country and complied with the rules. The officer replied saying he would not attach any files to my case since it was already closed and that I didn't need to send any other documents.

This is so unfair, I got denied on grounds that are not true. I've been crying here because there's no way to reach on their call centre from outside Canada.

Is there any way to appeal to this decision or the only way is to reapply for Express Entry?

Thanks

 

[tobs]

Hi guys, my application was refused on Jan 21st, the officer stated that I did not leave Canada after I got a restoration of status denied on November 27th, which is not true because I left Canada on December 6th, 2018.

After I received the denial on Nov 27th, on the letter said I could either reapply within 90 days for another restoration or leave Canada. I decided to leave Canada, so I packed my things and left. At the airport I asked CBSA officer for a letter of departure so it would be on their records I left the country. To my surprise the officer lady said she would not give me one because I was not demanded by IRCC to leave immediately, it was considered a voluntarily departure. She said: just keep your boarding passes and stamps that the IRCC officer will need as proof.

I submitted a change of address and 3 days later I got the refusal for my PR application. I submitted a web form requesting reconsideration and I attached all the documents as proof that I left the country and complied with the rules. The officer replied saying he would not attach any files to my case since it was already closed and that I didn't need to send any other documents.

This is so unfair, I got denied on grounds that are not true. I've been crying here because there's no way to reach on their call centre from outside Canada.

Is there any way to appeal to this decision or the only way is to reapply for Express Entry?

Thanks

@scylla kindly assist with this.

 

[hgunawa]

Hi guys, my application was refused on Jan 21st, the officer stated that I did not leave Canada after I got a restoration of status denied on November 27th, which is not true because I left Canada on December 6th, 2018.

After I received the denial on Nov 27th, on the letter said I could either reapply within 90 days for another restoration or leave Canada. I decided to leave Canada, so I packed my things and left. At the airport I asked CBSA officer for a letter of departure so it would be on their records I left the country. To my surprise the officer lady said she would not give me one because I was not demanded by IRCC to leave immediately, it was considered a voluntarily departure. She said: just keep your boarding passes and stamps that the IRCC officer will need as proof.

I submitted a change of address and 3 days later I got the refusal for my PR application. I submitted a web form requesting reconsideration and I attached all the documents as proof that I left the country and complied with the rules. The officer replied saying he would not attach any files to my case since it was already closed and that I didn't need to send any other documents.

This is so unfair, I got denied on grounds that are not true. I've been crying here because there's no way to reach on their call centre from outside Canada.

Is there any way to appeal to this decision or the only way is to reapply for Express Entry?

Thanks

Hi, sorry to hear about your troubles

Can you give us some more details about your work permit application?
-When did you loose status of your work permit initially?
-what sort of a work permit you were on?
-How long were you in Canada?
-Are you applying as a CEC applicant?
-When is your AOR?

More details about your application and your timelines will help understand your case

 

[naecruz]

Hi, sorry to hear about your troubles

Can you give us some more details about your work permit application?
-When did you loose status of your work permit initially?
-what sort of a work permit you were on?
-How long were you in Canada?
-Are you applying as a CEC applicant?
-When is your AOR?

More details about your application and your timelines will help understand your case

Thank you for your reply and yes, it's very frustrating to be denied under a circumstance you know it's not true.

Can you give us some more details about your work permit application? I went to Canada on May 25th, 2017 on a working holiday visa, 3 months before it expired I got information from friends that now Brazilians could apply for extension. I found it weird, but they said a couple of friends got theirs, so I thought I should try as well and applied before my WHV expired on May 24th, 2018.

On Sep 19th, I got a letter with the denial saying Brazilians could apply twice for the program, but not extend so they said I could look for another RO to try another spot, the same day I lost status. On the letter they also said I could apply for a restoration of status within 90 days, so on Sep 24th I applied for restoration. A friend who is an immigration consultant, said I could request to be restored as a Worker Status since it was my previous status in Canada. On November 27th I got a denial for my restoration as they considered for some reason a request for Bridging Work Permit, on this letter they said I could apply for a restoration within 90 days from the expiry of my status, which would be December 19th. It states that if I decided not to apply I must leave Canada immediately.

Since I would not be able to stay more time without working, I decided to come back to Brazil and wait here. Which was a week later on December 6th. The day I left I was advised by my friend (the immigration consultant) to request the letter of departure at CBSA, which was not given to me because the lady said it was a voluntarily departure. I should just keep my boarding passes and travel history in case they asked me to prove further on during my application process. The officer never asked me for anything, he just said he didn't find any evidence that I had left Canada after my restoration was denied.


-When did you loose status of your work permit initially? Sep 19, 2018

-what sort of a work permit you were on? Working Holiday

-How long were you in Canada? From May 25th, 2017 to December 6th, 2019.

-Are you applying as a CEC applicant? Yes

-When is your AOR? Sept 5th, 2018

Is it possible to appeal to Ottawa office on their email?

Thanks for your support again.

 

[hgunawa]

Thank you for your reply and yes, it's very frustrating to be denied under a circumstance you know it's not true.

Can you give us some more details about your work permit application? I went to Canada on May 25th, 2017 on a working holiday visa, 3 months before it expired I got information from friends that now Brazilians could apply for extension. I found it weird, but they said a couple of friends got theirs, so I thought I should try as well and applied before my WHV expired on May 24th, 2018.

On Sep 19th, I got a letter with the denial saying Brazilians could apply twice for the program, but not extend so they said I could look for another RO to try another spot, the same day I lost status. On the letter they also said I could apply for a restoration of status within 90 days, so on Sep 24th I applied for restoration. A friend who is an immigration consultant, said I could request to be restored as a Worker Status since it was my previous status in Canada. On November 27th I got a denial for my restoration as they considered for some reason a request for Bridging Work Permit, on this letter they said I could apply for a restoration within 90 days from the expiry of my status, which would be December 19th. It states that if I decided not to apply I must leave Canada immediately.

Since I would not be able to stay more time without working, I decided to come back to Brazil and wait here. Which was a week later on December 6th. The day I left I was advised by my friend (the immigration consultant) to request the letter of departure at CBSA, which was not given to me because the lady said it was a voluntarily departure. I should just keep my boarding passes and travel history in case they asked me to prove further on during my application process. The officer never asked me for anything, he just said he didn't find any evidence that I had left Canada after my restoration was denied.


-When did you loose status of your work permit initially? Sep 19, 2018

-what sort of a work permit you were on? Working Holiday

-How long were you in Canada? From May 25th, 2017 to December 6th, 2019.

-Are you applying as a CEC applicant? Yes

-When is your AOR? Sept 5th, 2018

Is it possible to appeal to Ottawa office on their email?

Thanks for your support again.

Hi, Im super sorry I was busy yesterday and couldn't get back to you.

Firstly I think it's best to consult an immigration lawyer, not friends or friends who know immigration lawyers. An actual immigration lawyer would have probably saved you from over staying in Canada.

Secondly, You say you can't extend a work holiday visa. If you can't, you lost your status on May 24th. You could reapply for it but it's not the same as extending a permit. So the problem here is that visa officers might not have considered the time from May to September to December time line as implied status bcz technically you are not eligible to extend or restore your previous work permit. This is very similar to a PGWP.

So if you were applying for CEC, that means you must have considered 1 year of work experience in Canada. Was this from May 24th 2017 to May 24th 2018? because any work experience outside May 24th, 2018 May not have been considered under CEC (I know there have been times when people have tried this route to gain more time under their work permit). But I don't know how the immigration officers will consider the gap from May to September.

If you were refused on September and if work-holiday visas are not extendable, you can't ask it to be restored. Seniors can maybe correct me if I'm wrong here. As I said earlier, you can reapply for a work-holiday visa but restoration is not possible because it's not extendable.

So if you had 1 year of experience in Canada under the validity of your initial work permit, you are still eligible for express entry through CEC. If you have work experience in your country, you can always try through FSW. I'm sorry it didn't work through this time but you can always try again.

Disclaimer : I'm not an expert and I'm trying to gauge on what could have happened. It really is best to consult a lawyer for further professional advice.

@legalfalcon Can you please advice the topic maker further?

 

[naecruz]

Hi, Im super sorry I was busy yesterday and couldn't get back to you.

No worries, I'm happy that I have a reply here ^_^

Firstly I think it's best to consult an immigration lawyer, not friends or friends who know immigration lawyers. An actual immigration lawyer would have probably saved you from over staying in Canada.

Yes, you are right and I believe if I had done that from the start I wouldn't be facing this frustration right now, but I didn't have enough money to pay for a lawyer at the time and I thought the process for PR was quite well explained on CIC website. Now I learned the worst way it's not that simple.

Secondly, You say you can't extend a work holiday visa. If you can't, you lost your status on May 24th. You could reapply for it but it's not the same as extending a permit. So the problem here is that visa officers might not have considered the time from May to September to December time line as implied status bcz technically you are not eligible to extend or restore your previous work permit. This is very similar to a PGWP.

Yes, I didn't know the WHV could not be extended, so I applied for an extension and was under implied status until Sep 19th, when I got the extension denial letter which stated that I had lost status on that same day (Sep 19th). On that letter said I could instead apply for a restoration of status, that's when I consulted with an immigration consultant and she said since I had previously applied for PR, I could ask CIC to restore my status to worker, since I was waiting for my PR application.

So if you were applying for CEC, that means you must have considered 1 year of work experience in Canada. Was this from May 24th 2017 to May 24th 2018? because any work experience outside May 24th, 2018 May not have been considered under CEC (I know there have been times when people have tried this route to gain more time under their work permit). But I don't know how the immigration officers will consider the gap from May to September.

I started working July 10th, 2017, so I gained the 1 year on July 9th,2018. I don't know if they considered it or not my time under implied status, maybe I should request the notes from my process so I understand it better. My opinion is that if the officer hadn't considered my time, I would not be denied for overstaying (which is untrue), but for not being eligible under the program I applied to. What's your opinion?

If you were refused on September and if work-holiday visas are not extendable, you can't ask it to be restored. Seniors can maybe correct me if I'm wrong here. As I said earlier, you can reapply for a work-holiday visa but restoration is not possible because it's not extendable.

Well, I only applied to restore my status because it was on the letter I received I could apply for, and also because I asked an immigration consultant and she read the letter and said I could apply for the restoration. If I was told I could not, I would have left Canada in September to wait for my PR process, I never had any intention to jeopardize my process, nor did I want to stay in Canada with no status. I've been an exchange student in the US and France and I work with international students, so I really follow what I advise them regarding stays and be compliant to the Country's rules.

So if you had 1 year of experience in Canada under the validity of your initial work permit, you are still eligible for express entry through CEC. If you have work experience in your country, you can always try through FSW. I'm sorry it didn't work through this time but you can always try again.

Yes, I'm waiting to speak to an immigration lawyer next week to see if there's anything that I can do to get this process reopened. If I can send an email to the office in Ottawa or something. If not I need to know the chances of this refusal being a problem for me to reapply asap. I still have my exams, english test and all other documents under validity, this would save me time and money to do it all over again. Thanks for your time to reply here, I really do appreciate your support during this really frustrating time for me.

Disclaimer : I'm not an expert and I'm trying to gauge on what could have happened. It really is best to consult a lawyer for further professional advice.

I know and again I really appreciate your time coming here to give me some support understanding this terrible situation. Thank you so much.

@legalfalcon Can you please advice the topic maker further?

 

[naecruz]

Hi guys, anyone to help me here on how to appeal to this decision?!?! It's really urgent and I have no idea if I can reach out and send an email to the office in Ottawa.

Thanks.
Naê

 

[Shahanastar]

Hi guys, anyone to help me here on how to appeal to this decision?!?! It's really urgent and I have no idea if I can reach out and send an email to the office in Ottawa.

Thanks.
Naê

Raise a CSE or write to them. I have seen cases where applications are reopened. Otherwise your only option is to determine your eligibility again and reapply if that works out.

 

[naecruz]

Raise a CSE or write to them. I have seen cases where applications are reopened. Otherwise your only option is to determine your eligibility again and reapply if that works out.

Hi Shahanastar, thanks for replying

Could you please let me know what is CSE and how can I write to them? I'm really lost here and quite sad with this situation.

Thanks,

Naê

 

[naecruz]

Hello there,

Anyone to help me?? I'm really losing hope here and would like to know how can I write to the program manager. I submitted a web form on jan 26th informing them I had left Canada and provided documents as proof and requesting a reconsideration and the officer just said: no need to send documents to a closed case. Good luck next time.

Please anyone to help me?!!?