Temporary resident status expired (Restoration of Status Question)

[mingzi]

Hi everyone,

My BOWP was refused because I forgot to attach my Provincial Nominee Certificate in the application, stupid mistake on my end (I was under the assumption if I applied with my PR account that would be enough to prove that I was in the process of obtaining my PR).

On my refusal letter, it says my temporary resident status expired, and that I can restore my status within 90 days.

My question is do I need to restore my status as a visitor (form IMM 5708), restore my status as a worker (form IMM 5710), OR would I need to apply for both restoration of visitor and worker?

Also my China passport expires in 2 months, I have already contacted the China Consulate and need to go renew my passport in person in the Ottawa office.

Can someone give me some advice? Should I be seeking a immigration lawyer?

Thanks you in advance!

 

[ContactFront]

You need to restore status as a visitor. If your work permit has already expired, you can no longer apply for another BOWP.

 

[mingzi]

You need to restore status as a visitor. If your work permit has already expired, you can no longer apply for another BOWP.

Thank you for the reply, am I able to apply to restore as a visitor as well as a worker? My employer is writting me a letter for a job offer as soon as I get my work permit back.

So I would apply for Restoration of visitor (form IMM 5708), as well as a Restoration of Status as a Worker and Apply for a work permit with the same employer (form IMM 5710). I think this would cost me a total of $550

Does this seem right?

 

[ContactFront]

Do you have a spouse that can support you for spouse open work permit? Does your employer have an approved LMIA to support you for a closed work permit?
If not, you can only restore your status as a visitor. And you have to stop working immediately if you have not already done so.

 

[mingzi]

Do you have a spouse that can support you for spouse open work permit? Does your employer have an approved LMIA to support you for a closed work permit?
If not, you can only restore your status as a visitor. And you have to stop working immediately if you have not already done so.

No spouse, but my boyfriend is here, but we are not living together.

I don’t think I have a LMIA, I know they said they would offer me a job through the CIC employer portal, so I am waiting for that.

Also I will be flying out to the Chinese embassy tomorrow to have my China passport renewed, I understand that a work permit would not be issued if my passport is expiring in 2 months.

 

[ContactFront]

Unless your employer can obtain a LMIA within 90 days, you should forget about getting a work permit any time soon.
Restore your status as visitor first

 

[mingzi]

Unless your employer can obtain a LMIA within 90 days, you should forget about getting a work permit any time soon.
Restore your status as visitor first

Okay thank you! That fee is only $200 right?

 

[ContactFront]

Correct

 

[mingzi]

Correct

Thank you for your help!

 

[Cyrille]

Hi there, I am a bit in the same situation.

My BOWP app got refused due to expired passport. I got the new one 2 days after the refusal letter

Therefore, I am out of status while waiting for the final decision of my PR application (CEC Inland). It's been over 10 months already, it's driving me nuts :/.

The refusal letter stated that I have 90 days to restore my status but I also feel like the PR final decision will be made before the 90 days are up.

My questions are:

1) Could my actual status jepoardy my PR application ?
2) Should I paly safe and apply for restoration as visitor ?

P.S: I was on employer specific WP and stopped working upon refusal letter reception. My employer is not willing to wait so I know restoration as working path will be complicated due to the time constraint.

Any insights would be much appreciated

 

[scylla]

Hi there, I am a bit in the same situation.

My BOWP app got refused due to expired passport. I got the new one 2 days after the refusal letter

Therefore, I am out of status while waiting for the final decision of my PR application (CEC Inland). It's been over 10 months already, it's driving me nuts :/.

The refusal letter stated that I have 90 days to restore my status but I also feel like the PR final decision will be made before the 90 days are up.

My questions are:

1) Could my actual status jepoardy my PR application ?
2) Should I paly safe and apply for restoration as visitor ?

P.S: I was on employer specific WP and stopped working upon refusal letter reception. My employer is not willing to wait so I know restoration as working path will be complicated due to the time constraint.

Any insights would be much appreciated

I would definitely restore (or leave Canada). You don't know if you're two weeks away from a decision or six months away from a decision.

 

[Cyrille]

Yeah, I know the worst case scenario would be leaving and wait for the final decision outside Canada.

Anyway, I just filed the application and got to the document checklist page to find out that I have to pay $200. I know that's the restoration cost but I heard/read that there would be additional cost. Anyone aware of this ?

 

[Cyrille]

Please, never mind the above question as I found the answer in IRCC website.

Sharing with others:

Restoration fees
Clients applying for a restoration must pay the corresponding fees. Any client applying to restore as a visitor must pay only the restoration fee (i.e., $200.00). However, if a client also requires a work and/or a study permit, they must pay processing fees for each permit in addition to the fee for restoration (i.e., $200.00 + permit).

 

[Florin86]

Yeah, I know the worst case scenario would be leaving and wait for the final decision outside Canada.

Anyway, I just filed the application and got to the document checklist page to find out that I have to pay $200. I know that's the restoration cost but I heard/read that there would be additional cost. Anyone aware of this ?

Hi! Any update for your situation?
I am also out of status and I will send an application to restore my status.
I also received a pre-arrival letter for my PR file.
Did you get your PR?