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Status expired; what can I do?

L

LesterT

Newbie
Nov 17, 2019
4
0
Hi,
I graduated in June from a DLI college, and after that, I didn't apply PGWP but chose to apply to the HKOWP path.
After that, I also submitted a PR application based on the Hong Kong pathway and it's still being processed.

Now IRCC just rejected my HKOWP application, my study permit already expired at the end of July, and the refusal letter said I have 90 days for status restoration.


An agent suggested that instead of applying for status restoration, I could have a 3-day short trip outside Canada and return with a visitor status.

Do you think it makes sense ? Is there any risk that I'm not allowed to re-enter Canada after the trip?

Besides, if I changed my status to visitor can I apply for PGWP? As my graduation date is still within 180 days.
 
LesterT said:
Hi,
I graduated in June from a DLI college, and after that, I didn't apply PGWP but chose to apply to the HKOWP path.
After that, I also submitted a PR application based on the Hong Kong pathway and it's still being processed.

Now IRCC just rejected my HKOWP application, my study permit already expired at the end of July, and the refusal letter said I have 90 days for status restoration.


An agent suggested that instead of applying for status restoration, I could have a 3-day short trip outside Canada and return with a visitor status.

Do you think it makes sense ? Is there any risk that I'm not allowed to re-enter Canada after the trip?

Besides, if I changed my status to visitor can I apply for PGWP? As my graduation date is still within 180 days.
Click to expand...

I would recommend that you get a consult with an immigration lawyer (not an agent / consultant).

If you leave Canada, there is always some risk of not being allowed back in. Whether you are allowed back in and for how long is up to the CBSA officer.

There are a number of details missing from your post which make it a bit tough to comment further. For example, I'm confused why you still qualify for restoration if your study permit expired in July. Applying for PR doesn't give you implied status in Canada (unless you also applied for an open work permit).

Also, the reason why your HKOWP was refused could impact the advice we give you.

I would hire an immigration lawyer to help you at this point.
 
Hi scylla,

Thanks for your response.


I'm confused why you still qualify for restoration if your study permit expired in July.
- In the refuseal letter, it said my temp resident status expired as of the day I received the letter, and I can apply for restoration within 90days from the expiry of my temporary resident status,

Applying for PR doesn't give you implied status in Canada (unless you also applied for an open work permit).
- I got my implied status by applying HKOWP, not the PR, but now the HKOWP application has been rejected.
 
I'm not 100% sure why they rejected me, but I suspect I missed some doc or clicked some choice wrongly.

Here is the reason from IRCC:
You have not demonstrated that you are eligible to apply for an Open Work Permit under the immigration and refugee protection regulations. your prospective employer is responsible for obtaining a valid labour market impact assessment and confirmation from employment and social development canada
 
LesterT said:
Hi scylla,

Thanks for your response.


I'm confused why you still qualify for restoration if your study permit expired in July.
- In the refuseal letter, it said my temp resident status expired as of the day I received the letter, and I can apply for restoration within 90days from the expiry of my temporary resident status,

Applying for PR doesn't give you implied status in Canada (unless you also applied for an open work permit).
- I got my implied status by applying HKOWP, not the PR, but now the HKOWP application has been rejected.
Click to expand...

Got it. I understand now.

I would recommend you work with an immigration lawyer since your timelines are a bit tight at this point (i.e. likely not much time to apply for a PGWP). There are a lot of moving pieces here and not a lot of time. So I think this is a case where you want professional advice so that you can make sure your applications are complete when you submit them.
 
scylla said:
Got it. I understand now.

I would recommend you work with an immigration lawyer since your timelines are a bit tight at this point (i.e. likely not much time to apply for a PGWP). There are a lot of moving pieces here and not a lot of time. So I think this is a case where you want professional advice so that you can make sure your applications are complete when you submit them.
Click to expand...

thx. Any idea what it will cost me?
 
LesterT said:
I'm not 100% sure why they rejected me, but I suspect I missed some doc or clicked some choice wrongly.

Here is the reason from IRCC:
You have not demonstrated that you are eligible to apply for an Open Work Permit under the immigration and refugee protection regulations. your prospective employer is responsible for obtaining a valid labour market impact assessment and confirmation from employment and social development canada
Click to expand...

Would order GCMS notes and would also review your HK OWP application. Are you sure you applied for HKOWP versus other OWP options? Would review eligibility requirement for HKOWP and makes sure you provided all that was asked for plus any other things you think should be included. Sinc
 
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