PR refusal and staying/working in Canada

[Power8]

Hi,

I’d like some help about my current situation.

I’ve been living in Canada for the past 3 years. When I first arrived, I did a 1 year diploma course and then found employment soon afterwards. In November 2016, my employer at the time sponsored me on a 2 year LMIA with associated work permit based on this LMIA. When I was eligible, I applied for the PR in April 2018.

Prior to the LMIA-based work permit expiring in November 2018 I had applied for, and obtained, a bridging open work permit valid until October 2019.

Just recently in July 2019, after almost a 15 month wait, my PR was refused because I no longer met the original requirement of having a LMIA-based work permit and job offer. So, long story short, I was deducted 50 points and this put me below the points threshold level.

As frustrating as this is I now find myself in the situation where I am currently unemployed and have valid status until October 2019. The work permit explicitly states that I must leave Canada by that date.

I want to add that before I received notice of the PR refusal, I had applied for an extension on my current BOWP. This is still listed as ‘submitted’ and a decision hasn’t been made on it yet. So my first question is: will I be granted this open work permit extension or will this be declined because it’s tied to a PR application that was refused?

I’m currently visiting family and will be back in Canada in August 2019 – giving me less than 2 months to figure things out: whether this be finding a new job/LMIA or planning my exit strategy - time is short! It feels like a tough blow to have worked so hard and fallen in love with Canada and now it’s come to this.

I want to remain in Canada, of course, but what are my options? I could really do with an extra month or so but how do I manage that? I’ll be meeting up with an Immigration Consultant when I get back to Canada but would very much appreciate any pointers or advice to take to the consultant.

In short:
- PR was refused.
- Still have valid status until October 2nd 2019
- Pending BOWP extension that was submitted before PR refusal
- Back in Canada in Aug 2019, leaving me with less that 2 months to figure out a way to remain in Canada
- Have started looking for a new job (with LMIA, I presume)

Thanks for any feedback/input

 

[scylla]

Hi,

I’d like some help about my current situation.

I’ve been living in Canada for the past 3 years. When I first arrived, I did a 1 year diploma course and then found employment soon afterwards. In November 2016, my employer at the time sponsored me on a 2 year LMIA with associated work permit based on this LMIA. When I was eligible, I applied for the PR in April 2018.

Prior to the LMIA-based work permit expiring in November 2018 I had applied for, and obtained, a bridging open work permit valid until October 2019.

Just recently in July 2019, after almost a 15 month wait, my PR was refused because I no longer met the original requirement of having a LMIA-based work permit and job offer. So, long story short, I was deducted 50 points and this put me below the points threshold level.

As frustrating as this is I now find myself in the situation where I am currently unemployed and have valid status until October 2019. The work permit explicitly states that I must leave Canada by that date.

I want to add that before I received notice of the PR refusal, I had applied for an extension on my current BOWP. This is still listed as ‘submitted’ and a decision hasn’t been made on it yet. So my first question is: will I be granted this open work permit extension or will this be declined because it’s tied to a PR application that was refused?

I’m currently visiting family and will be back in Canada in August 2019 – giving me less than 2 months to figure things out: whether this be finding a new job/LMIA or planning my exit strategy - time is short! It feels like a tough blow to have worked so hard and fallen in love with Canada and now it’s come to this.

I want to remain in Canada, of course, but what are my options? I could really do with an extra month or so but how do I manage that? I’ll be meeting up with an Immigration Consultant when I get back to Canada but would very much appreciate any pointers or advice to take to the consultant.

In short:
- PR was refused.
- Still have valid status until October 2nd 2019
- Pending BOWP extension that was submitted before PR refusal
- Back in Canada in Aug 2019, leaving me with less that 2 months to figure out a way to remain in Canada
- Have started looking for a new job (with LMIA, I presume)

Thanks for any feedback/input

The BOWP will be refused. It's tied to the PR application.

If you want additional time in Canada, apply to change your status to visitor before your work permit expires. This will allow you to remain in Canada longer. Of course you'll have to stop working as soon as your work permit expires.

Yes - you need to find an employer who is willing to give you a job offer supported by an approved LMIA so that you can apply for a closed work permit.

If you have sufficient points to be selected for PR under Express Entry, this would also give you some options. Right now you need to have 460+ points to be chosen out of the pool.

Depending where you are from and your age, it may be possible to apply for an IEC / Working Holiday Visa.

Just to add - are you sure you were correctly refused? As long as you are still working for the same employer, you can claim the 50 points. If you are no longer working for that employer, then unfortunately you were correctly refused.

 

[Power8]

The BOWP will be refused. It's tied to the PR application.

If you want additional time in Canada, apply to change your status to visitor before your work permit expires. This will allow you to remain in Canada longer. Of course you'll have to stop working as soon as your work permit expires.

Yes - you need to find an employer who is willing to give you a job offer supported by an approved LMIA so that you can apply for a closed work permit.

If you have sufficient points to be selected for PR under Express Entry, this would also give you some options. Right now you need to have 460+ points to be chosen out of the pool.

Depending where you are from and your age, it may be possible to apply for an IEC / Working Holiday Visa.

Just to add - are you sure you were correctly refused? As long as you are still working for the same employer, you can claim the 50 points. If you are no longer working for that employer, then unfortunately you were correctly refused.

Thanks so much for your reply - it has set my mind at ease, to the extent that I have options to extend my stay to make a decision.

Unfortunately, I am no longer working for that employer. My contract expired in May 2019 and according to the GCMS notes I had ordered in January 2019, the PR application had been set for review because they were not satisfied with the proof of employment documentation I had given them. So the decision was pushed 15 months further down the line and by that time my employment circumstances and work permit type had changed.

Extending my visitor visa seems like the best option because I probably don't qualify for IEC/Working Holiday Visa due to my age (45+). Maybe I qualify for Employment Insurance while I do my job searching? (I have worked in Canada for almost 2 and half years).

I can probably get 480+ points if I re-sit and ace the English Language test, granted I have an LMIA job offer.

A quick google search tells me the Visitor Visa takes 6/7 days to process and lasts 6 months, is that correct?

Thanks again

 

[scylla]

Thanks so much for your reply - it has set my mind at ease, to the extent that I have options to extend my stay to make a decision.

Unfortunately, I am no longer working for that employer. My contract expired in May 2019 and according to the GCMS notes I had ordered in January 2019, the PR application had been set for review because they were not satisfied with the proof of employment documentation I had given them. So the decision was pushed 15 months further down the line and by that time my employment circumstances and work permit type had changed.

Extending my visitor visa seems like the best option because I probably don't qualify for IEC/Working Holiday Visa due to my age (45+). Maybe I qualify for Employment Insurance while I do my job searching? (I have worked in Canada for almost 2 and half years).

I can probably get 480+ points if I re-sit and ace the English Language test, granted I have an LMIA job offer.

A quick google search tells me the Visitor Visa takes 6/7 days to process and lasts 6 months, is that correct?

Thanks again

It can take anywhere from a few days to a few months for the visitor visa to be approved. As long as you apply before your work permit expires, you can remain in Canada. How long a visa you are granted will be up to IRCC.

You will not qualify for Employment Insurance once your work permit expires. You must have a valid work permit to qualify for EI.

 

[Power8]

It can take anywhere from a few days to a few months for the visitor visa to be approved. As long as you apply before your work permit expires, you can remain in Canada. How long a visa you are granted will be up to IRCC.

You will not qualify for Employment Insurance once your work permit expires. You must have a valid work permit to qualify for EI.

It can take anywhere from a few days to a few months for the visitor visa to be approved. As long as you apply before your work permit expires, you can remain in Canada. How long a visa you are granted will be up to IRCC.

You will not qualify for Employment Insurance once your work permit expires. You must have a valid work permit to qualify for EI.

Thank you scylla. Your replies are much appreciated.

 

[123ganda]

Hi, I am kind of in the similar situation right now. Are you still in Canada? Did you end-up applying for a new work permit or got PR now? I am wondering if what are the options that you did in order for you to stay working in Canada? Please share your details. I was refused for PR because of lack in points not similar reason as yours tho. As they did not count my foreign work experience. I am here in Canada for more than 5yrs. I studied for 2 years and then worked for 3 yrs now. Still I do not have enough points to get an invitation to apply for PR. My open work permit is expiring in June 2020. I am just looking for options ahead of time as time flies so fast. Please share your experience. Im sure will learn from it. Thank you!

 

[Jhegel]

Hi,

I’d like some help about my current situation.

I’ve been living in Canada for the past 3 years. When I first arrived, I did a 1 year diploma course and then found employment soon afterwards. In November 2016, my employer at the time sponsored me on a 2 year LMIA with associated work permit based on this LMIA. When I was eligible, I applied for the PR in April 2018.

Prior to the LMIA-based work permit expiring in November 2018 I had applied for, and obtained, a bridging open work permit valid until October 2019.

Just recently in July 2019, after almost a 15 month wait, my PR was refused because I no longer met the original requirement of having a LMIA-based work permit and job offer. So, long story short, I was deducted 50 points and this put me below the points threshold level.

As frustrating as this is I now find myself in the situation where I am currently unemployed and have valid status until October 2019. The work permit explicitly states that I must leave Canada by that date.

I want to add that before I received notice of the PR refusal, I had applied for an extension on my current BOWP. This is still listed as ‘submitted’ and a decision hasn’t been made on it yet. So my first question is: will I be granted this open work permit extension or will this be declined because it’s tied to a PR application that was refused?

I’m currently visiting family and will be back in Canada in August 2019 – giving me less than 2 months to figure things out: whether this be finding a new job/LMIA or planning my exit strategy - time is short! It feels like a tough blow to have worked so hard and fallen in love with Canada and now it’s come to this.

I want to remain in Canada, of course, but what are my options? I could really do with an extra month or so but how do I manage that? I’ll be meeting up with an Immigration Consultant when I get back to Canada but would very much appreciate any pointers or advice to take to the consultant.

In short:
- PR was refused.
- Still have valid status until October 2nd 2019
- Pending BOWP extension that was submitted before PR refusal
- Back in Canada in Aug 2019, leaving me with less that 2 months to figure out a way to remain in Canada
- Have started looking for a new job (with LMIA, I presume)

Thanks for any feedback/input

What happened then?! Did u get PR ?

 

[bosco2814]

Hi,

I’d like some help about my current situation.

I’ve been living in Canada for the past 3 years. When I first arrived, I did a 1 year diploma course and then found employment soon afterwards. In November 2016, my employer at the time sponsored me on a 2 year LMIA with associated work permit based on this LMIA. When I was eligible, I applied for the PR in April 2018.

Prior to the LMIA-based work permit expiring in November 2018 I had applied for, and obtained, a bridging open work permit valid until October 2019.

Just recently in July 2019, after almost a 15 month wait, my PR was refused because I no longer met the original requirement of having a LMIA-based work permit and job offer. So, long story short, I was deducted 50 points and this put me below the points threshold level.

As frustrating as this is I now find myself in the situation where I am currently unemployed and have valid status until October 2019. The work permit explicitly states that I must leave Canada by that date.

I want to add that before I received notice of the PR refusal, I had applied for an extension on my current BOWP. This is still listed as ‘submitted’ and a decision hasn’t been made on it yet. So my first question is: will I be granted this open work permit extension or will this be declined because it’s tied to a PR application that was refused?

I’m currently visiting family and will be back in Canada in August 2019 – giving me less than 2 months to figure things out: whether this be finding a new job/LMIA or planning my exit strategy - time is short! It feels like a tough blow to have worked so hard and fallen in love with Canada and now it’s come to this.

I want to remain in Canada, of course, but what are my options? I could really do with an extra month or so but how do I manage that? I’ll be meeting up with an Immigration Consultant when I get back to Canada but would very much appreciate any pointers or advice to take to the consultant.

In short:
- PR was refused.
- Still have valid status until October 2nd 2019
- Pending BOWP extension that was submitted before PR refusal
- Back in Canada in Aug 2019, leaving me with less that 2 months to figure out a way to remain in Canada
- Have started looking for a new job (with LMIA, I presume)

Thanks for any feedback/input

Did you find a lawyer to appeal to the PR decision?

Did you have a valid LMIA when you apply EE?
From my understanding, you should able to claim that 50points if the LMIA still valid when you apply EE.
And did you submit an offer of employment to prove that you will have at least one year job after getting the PR?

If yes, I think you should appeal the decision.

Otherwise, u have more than 2-years working experience, u should be eligible for one of the PNP.