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
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