Restoration of Status while PR application is in progress

[kkincanada]

hi,

Please help me understand my restoration scenario as mentioned below:

My PR application is in progress through PNP Express Entry. I filed the PR application while I was waiting for the SOWP extension, i.e. under implied status. However, the SOWP extension was recently refused, and I had to file for Restoration of Status. I stopped working immediately, and my employer continues to support our application.

With the employer's continued support, I filed the Restoration of Status as a Worker application using the Work Permit Support letter received from the Province. This was done immediately within a week of the refusal of the SOWP extension application. I am concerned and have the following questions:

1. Will this impact the ongoing PR application?
2. Is it possible to file a concurrent Restoration of Status as a "Visitor" application as well since Restoration of Status as a Worker falls within the Work Permit within Canada processing times, which is going to take 4-5 months minimum?
3. What happens if they refuse the Restoration of Status as a Worker application for whatever reasons and 90-day period has passed? Will it still impact the PR application?

 

[scylla]

hi,

Please help me understand my restoration scenario as mentioned below:

My PR application is in progress through PNP Express Entry. I filed the PR application while I was waiting for the SOWP extension, i.e. under implied status. However, the SOWP extension was recently refused, and I had to file for Restoration of Status. I stopped working immediately, and my employer continues to support our application.

With the employer's continued support, I filed the Restoration of Status as a Worker application using the Work Permit Support letter received from the Province. This was done immediately within a week of the refusal of the SOWP extension application. I am concerned and have the following questions:

1. Will this impact the ongoing PR application?
2. Is it possible to file a concurrent Restoration of Status as a "Visitor" application as well since Restoration of Status as a Worker falls within the Work Permit within Canada processing times, which is going to take 4-5 months minimum?
3. What happens if they refuse the Restoration of Status as a Worker application for whatever reasons and 90-day period has passed? Will it still impact the PR application?

- Are you the primary applicant?
- Which exact PNP program?
- Is your PNP program dependent on a job offer?
- You need to be in status in Canada in order to be approved for PR through an economic immigration program.

 

[kkincanada]

- Are you the primary applicant?
- Which exact PNP program?
- Is your PNP program dependent on a job offer?
- You need to be in status in Canada in order to be approved for PR through an economic immigration program.

Thank scylla, here are the responses to your questions!

- Are you the primary applicant? - Yes
- Which exact PNP program? - BCPNP Skilled Worker
- Is your PNP program dependent on a job offer? - Yes, and I still have the job offer through the employer. The province is aware of the situation as well.
- You need to be in status in Canada in order to be approved for PR through an economic immigration program. - Yes, I also think that, and I believe they will wait for the restoration application to be completed before completing the PR application. is this correct? Can you also reply to my individual queries above, including filing a concurrent restoration of the visitor application right now?

 

[scylla]

Thank scylla, here are the responses to your questions!

- Are you the primary applicant? - Yes
- Which exact PNP program? - BCPNP Skilled Worker
- Is your PNP program dependent on a job offer? - Yes, and I still have the job offer through the employer. The province is aware of the situation as well.
- You need to be in status in Canada in order to be approved for PR through an economic immigration program. - Yes, I also think that, and I believe they will wait for the restoration application to be completed before completing the PR application. is this correct? Can you also reply to my individual queries above, including filing a concurrent restoration of the visitor application right now?

To the best of my knowledge, the restoration to the work permit has to be successful for the application to proceed. If you end up with visitor status, then I think you will lose the nomination.

It would be unusual to submit two restoration applications. I don't know if this is possible.

 

[kkincanada]

To the best of my knowledge, the restoration to the work permit has to be successful for the application to proceed. If you end up with visitor status, then I think you will lose the nomination.

It would be unusual to submit two restoration applications. I don't know if this is possible.

Sure, thanks for the info! Is BOWP an option at this time? PR progressed to MEP, BIO Complete, and BGC - Criminality and Info Sharing are completed.

Do you have an idea about what the current processing time for Restoration of Status as a Work in Canada is?

And what are the chances of getting a Closed WP using the WP Support Letter provided by the province?

 

[madhu_l]

Hi kkincanada,
I am in same boat. BC PNP Nominee( primary), applied PR in Sep 2023, SOWP extension refused( 2 weeks back), stopped working and informed my employer, applied for Restoration +SOWP within one week. Employer is supportive and provided support letter. I have informed BC PNP through post nomination program( raised a case of change of employement) with a detailed email and supporting documents.
My consultant and Employer(in-house Immigration consultant) has asked NOT to notify IRCC yet.
My question is: Is there any way of contacting BC PNP( someone in person) to explain the situation and what do BC PNP does in these cases. Are there chances of them withdrawing the nomination?
If nothing changes on my BC PNP nomination, will IRCC still work on my PR application? I have 2 months more for my 8 months window( if at all there is any such window).

 

[kkincanada]

Hi madhu, you have done the right steps, no need to separately inform IRCC as BCPNP is informed as a process. hopefully, the PR will continue, at what stage is your PR application at currently?

 

[madhu_l]

Hello, it has extended its regular wait time and now in eligibility criteria which I think will take longer than expected due to change of status. How long did it take you to get your PR. I am aware every case is different but just to get an idea.

Thanks

 

[Miss bee]

Hi kkincanada,
I am in same boat. BC PNP Nominee( primary), applied PR in Sep 2023, SOWP extension refused( 2 weeks back), stopped working and informed my employer, applied for Restoration +SOWP within one week. Employer is supportive and provided support letter. I have informed BC PNP through post nomination program( raised a case of change of employement) with a detailed email and supporting documents.
My consultant and Employer(in-house Immigration consultant) has asked NOT to notify IRCC yet.
My question is: Is there any way of contacting BC PNP( someone in person) to explain the situation and what do BC PNP does in these cases. Are there chances of them withdrawing the nomination?
If nothing changes on my BC PNP nomination, will IRCC still work on my PR application? I have 2 months more for my 8 months window( if at all there is any such window).

You can’t meet them in person . You need to submit Post Nomination request online. It can be done logging to your BC PNP account . They will not refuse your application. You are still in your restoration period. Just wait for new work permit, then start working again.

 

[kkincanada]

Hello, it has extended its regular wait time and now in eligibility criteria which I think will take longer than expected due to change of status. How long did it take you to get your PR. I am aware every case is different but just to get an idea.

Thanks

Got the WP restored on Mar 8th and finally got the P1 email for the PR on Mar 28th.