refusal restoration and wp after 5 years remain in canada

[cole]

hi

i got a refusal letter from cic edmonton , my case is i sent an application to vegreville while my restoration piriod had to end on 27 november 2011 , i send application with contract and restoration fee plus wp, 350 dollars , ok in february 2012 got letter from vegreville saying my application was transmeted to the cic edmonton visa office for end processing , in june 7 i got letter saying :your application of wp and restoration is refused . persons wihing to extend temporary resident status in canada must satisfy an officer that they will leave canada by the end of the period authorized for their stay and will not contravene the conditions of entry .

in reachind decision an officer consider several factors.....

11 reason for original entry and reason for requested extension
2- ties to country of permanent residence ...
- employment stady commitment
- family ties and resopnsabilities
-
financial mean
travel and identity
probablty to leave canada at the end of authorized stay .

i feel that the officer was racist to me and i show them that i was about applyin to my canadian experience class wich i have all the reference and english test .

now what do i have to do ?????????? after 5 years remaining in canada

 

[cole]

sorry restoration date will end in november 27 2011, and i send it in november 5 2011
also they give me 2 week to appeal

please i need helpp !!!!!!! whats wrong with my case . i dont understund , i tought they need people here skilled i was about applying to pr . whts wrong

 

[SenoritaBella]

1. Consult an immigration lawyer

2. Ask your employer to apply for a LMO(labor market opinion) from HRSDC. They have to show that they could not find Canadian citizens or permanent residents to do the job. Give CIC Edmonton proof that your employer has applied for the LMO (fax confirmation or file number from HRSDC).

I have heard that employers can request expedited LMOs, perhaps your employer can briefly explain that you only have 2 weeks to appeal a refusal and request speedy processing. It may or may not make a difference but it's worth trying.

Also, you do not have to be in Canada or be employed when you apply under the Canadian Experience Class. But you have to apply within 1 year of leaving your job. So if all fails, you can apply for your home country.

 

[cole]

thank you , in my message i said that i applied for my work permit with lmo approval to vegreville on november 2011 , wich is cic have that already . that wht i dont understund

 

[SenoritaBella]

Hmm.... that is strange then.
So what was your reason for original entry? Did you do/complete what you came for?
Reason for requested extension?
Why did you fall out of status?

The CIC website says there is no guarantee that restoration will be granted so I guess it's better to not fall out of status. Again, you have the option to apply while in your country of permanent residence or home country, if all else fails.

thank you , in my message i said that i applied for my work permit with lmo approval to vegreville on november 2011 , wich is cic have that already . that wht i dont understund

 

[cole]

They gave me 2 weeks to appeal , can somebody tell me how its work at the court and what the question they ll ask me ? And what do I have to say ? What the judge will ask me ? Do I have to try or I just go back to my county and apply from there ? Is there chance in my case ?


Thanks

 

[SenoritaBella]

Consult a lawyer for your appeal and ask whether you are eligible to apply for a temporary resident permit.

 

[Pippin]

I show them that i was about applyin to my canadian experience class wich i have all the reference and english test .

now what do i have to do ?????????? after 5 years remaining in canada

I wonder if this could be part of the issue. In your cover letter discuss DUAL INTENT. Look it up, there has been some discussion on Forum about this already. Canada recognizes Dual Intent...that you can apply for PR and TRV. You have to address this. I think you did somewhat when you mentioned that you are applying for CEC...have you done so already??? If you have NOT, then I think this is the whole problem. You cannot claim Dual Intent UNLESS you have applied for PR. If you have ONLY applied for Temporary then you can ONLY deal with that. You can't say you intend to do PR because you are saying you have no intention to leave. If you put in for PR then request TRV you can say you will abide by the rules, you have no intention to overstay and put your PR application in jeopardy, but you can't say you want a TRV but you are planning to put in for PR. It is a fine line, but whenever a TRV situation is involved you MUST emphasize that you will leave the country before the end of the visa and prove your ties to the home country. This is difficult when you've spent 5 years in Canada as you would have no job to return to, etc. I hope this makes sense. As advised by several others, spend the money and get advice from a good immigration lawyer, it will be worth it in the long run. Good Luck.