Preparing for PR under CEC now, confused about previous work permit rejection

[JSB]

Hi friends,

I am trying to apply PR under CEC 2174. I am eligible in all aspect but the information I got from my employer today was shocking to me. Here is my history.

I was in Canada from Aug 2011 till 3rd Feb 2013. My last work permit and TRV expired on 30th Nov 2012. Since I was working in Quebec, my employer filed for LMO and CAQ on Sep 22, 2012. Since we didn't receive any update about my LMO and CAQ until Nov 2012, my employer filed my work permit extension on Nov 28 2012 (2 days before expiration of my work permit and TRV). All of a sudden, on Jan mid, my employer informed me that my LMO and CAQ were rejected and I must leave Canada before 1st week of Feb 2013. So, I left Canada on 3rd Feb 2013, came back to my home country and started working from here for the same employer.

I have been preparing to apply for PR as I know I am eligible under CEC. I gave my IELTS last month and got overall 7 band. Just out of curiosity to find out what NOC code my employer used in my last application, I requested our immigration team to send me the application package they filed during Sep and Nov 2012. They sent me a 165 page pdf file which contained every application forms that we submitted along with some letters received from CIC, HRSDC. The first page on that pdf was a letter received from CIC on 1st Feb 2013. The letter says....

"Your application for work permit is refused.
Reason: Work permit cannot be issued without LMO and confirmation from HRSDC.
We also wish to advise you that your temporary resident status expires today 01-FEB-2013.
Should you choose not to apply for restoration of your status, you will remain a person without legal temporary resident status and as such will be required to leave Canada immediately else enforcement action may be taken against you."

My employer didn't inform me anything about this until I saw this letter today.

So I stayed in Canada illegally for 2 days without my knowledge. Question - Does this illegal stay make me ineligible to apply for PR? I am now confused. I am not sure whether to apply for PR or not coz eligibility in instruction guide 5609 requires "One should not remained in Canada after the time authorized to do so has expired"

Second question - This letter from CIC was dated 01-Feb-2013 meaning they sent the letter on 1st Feb and it mentioned that my legal status in Canada also expires on 01-Feb-2013. Well, fine, but should I leave the country the same day? Is there not something called grace period?

Third question - From now on, if I see questions like "Have you ever been refused visa/work permit" or "have you ever been asked to leave Canada" in any application forms, should I say Yes and provide details or should I say No?

Thanks in advance, JSB

 

[rosticraphel]

Hi JSB,

IMO you should not worry about those two days. I have also been refused work permit once with lack of LMO and than I got two more work permit. So don't worry about that. Well about your question do you need to mentioned have you ever been refused visa/work permit you should say yes.. Because no matter what they will have your UCI/UIC number which shows your history. So better tell the truth . But you were never asked to leave canada I guess...

Don't worry too much my friend.. Apply for PR and hope for the best..

 

[veronica79]

Hi friends,

I am trying to apply PR under CEC 2174. I am eligible in all aspect but the information I got from my employer today was shocking to me. Here is my history.

I was in Canada from Aug 2011 till 3rd Feb 2013. My last work permit and TRV expired on 30th Nov 2012. Since I was working in Quebec, my employer filed for LMO and CAQ on Sep 22, 2012. Since we didn't receive any update about my LMO and CAQ until Nov 2012, my employer filed my work permit extension on Nov 28 2012 (2 days before expiration of my work permit and TRV). All of a sudden, on Jan mid, my employer informed me that my LMO and CAQ were rejected and I must leave Canada before 1st week of Feb 2013. So, I left Canada on 3rd Feb 2013, came back to my home country and started working from here for the same employer.

I have been preparing to apply for PR as I know I am eligible under CEC. I gave my IELTS last month and got overall 7 band. Just out of curiosity to find out what NOC code my employer used in my last application, I requested our immigration team to send me the application package they filed during Sep and Nov 2012. They sent me a 165 page pdf file which contained every application forms that we submitted along with some letters received from CIC, HRSDC. The first page on that pdf was a letter received from CIC on 1st Feb 2013. The letter says....

"Your application for work permit is refused.
Reason: Work permit cannot be issued without LMO and confirmation from HRSDC.
We also wish to advise you that your temporary resident status expires today 01-FEB-2013.
Should you choose not to apply for restoration of your status, you will remain a person without legal temporary resident status and as such will be required to leave Canada immediately else enforcement action may be taken against you."

My employer didn't inform me anything about this until I saw this letter today.

So I stayed in Canada illegally for 2 days without my knowledge. Question - Does this illegal stay make me ineligible to apply for PR? I am now confused. I am not sure whether to apply for PR or not coz eligibility in instruction guide 5609 requires "One should not remained in Canada after the time authorized to do so has expired"

Second question - This letter from CIC was dated 01-Feb-2013 meaning they sent the letter on 1st Feb and it mentioned that my legal status in Canada also expires on 01-Feb-2013. Well, fine, but should I leave the country the same day? Is there not something called grace period?
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Third question - From now on, if I see questions like "Have you ever been refused visa/work permit" or "have you ever been asked to leave Canada" in any application forms, should I say Yes and provide details or should I say No?

Thanks in advance, JSB

>> you still have 90days after Feb. 1 to restore your status. That means you can still stay until May 1 and within that period you can restore your status. Im on the same boat as you my temporary resident status expired in Sept. 23, but im still in Canada, I applied for visitor's visa to restore my status, and I can still stay until they made a decision on it. At the same time my employer is reapplying for a new lmo for me.

 

[jes_ON]

Second question - This letter from CIC was dated 01-Feb-2013 meaning they sent the letter on 1st Feb and it mentioned that my legal status in Canada also expires on 01-Feb-2013. Well, fine, but should I leave the country the same day? Is there not something called grace period?

Exactly, don't worry about those two days. That was a very prompt departure!!

Third question - From now on, if I see questions like "Have you ever been refused visa/work permit" or "have you ever been asked to leave Canada" in any application forms, should I say Yes and provide details or should I say No?

No to "asked to leave" but yes to "refused work permit." Just state the facts, that the work permit was refused on DATE because the LMO was negative, and you left promptly on DATE when you were informed.

 

[canadavisa13]

Hi JSB,

you are totally fine,do not worry about it too much.go a head and apply for your PR.
1)two days is not a problem at all,you were not illegal but out of status and you had 90 days from FEB 1st to either apply to restore your status or leave since you left within the 90 days you are within the law and you have not done anything wrong.
2)the 90 days given to you that started on FEB 1st was your grace period.
3)you should answer YES to that question and explain that your work permit extension was refused due to LMO and CAQ not been approved and that you left canada within the specific time given by cic.

good luck

 

[canadavisa13]

i just would like to add one more thing concerning question number 3.

when you explain why your work permit was refused don't forget to indicate that your application was refused on FEB 1st and you left on FEB 2nd so cic knows that you worked well with their rules infact this will show as a positive sign on your application.

for your PR application,make sure you get a reference letter from your employer as per CIC checklist and it has to show their contact informations in canada not india.

 

[JSB]

Thanks a lot my pals. I was worried and upset yesterday and very much relieved after seeing all your replies.

i just would like to add one more thing concerning question number 3.

when you explain why your work permit was refused don't forget to indicate that your application was refused on FEB 1st and you left on FEB 2nd so cic knows that you worked well with their rules infact this will show as a positive sign on your application.

for your PR application,make sure you get a reference letter from your employer as per CIC checklist and it has to show their contact informations in canada not india.

Special thanks to Canadavisa13 for your tips on reference letter. BTW, I never mentioned in my post that I am from India. How did you know that? :

 

[canadavisa13]

you are very welcome JSB
i just guessed you are an indian citizen,yay i was right