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Work Permit Rejected - I'm worried

YVR123

VIP Member
Jul 27, 2017
6,567
2,507
In this case you need to wait until your application is refused from feb 12th. When that will be refused you will receive a letter that will say that you can restore your status within 90days from this day. In that case you expiry date would the refusal date of feb 12th’s application. Or you can apply for restoration now by putting the estimated date on the letter of authorization from Feb’s application and add a “LOE+all the letters, permit, documents , Interim Work Authorizations” with your application explaining about your implied status and how you have submitted an application before the public policy.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

Note that, you will lose your implied status once your 1st application is refused and until you receive an approval from your 2nd application that you will submit. So in that period you can work with April 6th’s interim work authorization but you can’t claim points for express entry for that period only.
If you still have concerns I would suggest you to book a consultation with a Rcic for 30 mins and ask all the questions just to be sure. The consultations usually cost 150cad but it’s worth it. Good luck.
I think sairayasmin has given you enough information.

you have to stop working. To attempt to restore our status as a visitor, follow the instruction given.
 

track002

Star Member
Oct 16, 2023
87
9
I think sairayasmin has given you enough information.

you have to stop working. To attempt to restore our status as a visitor, follow the instruction given.
The thing is, can I put Nov 28th as expiration date on my application rather than the original expiration that's on my work permit? Now that my Implied Status expired, am I applying for restoration as a Visitor? There's a question, should I put yes or no - most people said that I do not qualify for an open work permit under the active public policy that's expiring on December 31st?

Does one of the following apply to you?

  • I am subject of a removal order that is unenforceable
  • I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
  • I am in primary or secondary school, or a visiting or exchange student, in Canada with visitor status.
  • I am applying for an open work permit under an active public policy or pilot program announced by IRCC.
  • I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
  • I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
    • Spouse or Common-law Partner in Canada
    • Humanitarian and Compassionate cases
    • Protected Persons in Canada
    • Live-in Caregiver in Canada
And the letter doesn't say I must stop working. Is it not possible to keep working but not count the experience towards Express Entry?
 
Last edited:

track002

Star Member
Oct 16, 2023
87
9
I think sairayasmin has given you enough information.

you have to stop working. To attempt to restore our status as a visitor, follow the instruction given.
How can I survive if I stop working. I have no one to back me up here.
 

scylla

VIP Member
Jun 8, 2010
92,946
20,549
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
@Naturgrl @scylla - Help me, please!
You can't continue working if you no longer hold a valid work permit and your application was refused. You have to stop working immediately and apply to restore your status.
 

track002

Star Member
Oct 16, 2023
87
9
You can't continue working if you no longer hold a valid work permit and your application was refused. You have to stop working immediately and apply to restore your status.
I don't understand what to answer to these 2 questions.

What is your current immigration status in Canada? -> I have a visitor's visa til 2024 but shouldn't an officer stamp me at port of entry as a visitor?
Please make a selection
Student
Worker
Visitor
Temporary Resident Permit Holder
Refugee Claimant
Live-in Caregiver


Does one of the following apply to you?
  • I am subject of a removal order that is unenforceable
  • I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
  • I am in primary or secondary school, or a visiting or exchange student, in Canada with visitor status.
  • I am applying for an open work permit under an active public policy or pilot program announced by IRCC.
  • I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
  • I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
    • Spouse or Common-law Partner in Canada
    • Humanitarian and Compassionate cases
    • Protected Persons in Canada
    • Live-in Caregiver in Canada
 

Naturgrl

VIP Member
Apr 5, 2020
39,767
8,176
I don't understand what to answer to these 2 questions.

What is your current immigration status in Canada? -> I have a visitor's visa til 2024 but shouldn't an officer stamp me at port of entry as a visitor?
Please make a selection
Student
Worker
Visitor
Temporary Resident Permit Holder
Refugee Claimant
Live-in Caregiver


Does one of the following apply to you?
  • I am subject of a removal order that is unenforceable
  • I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
  • I am in primary or secondary school, or a visiting or exchange student, in Canada with visitor status.
  • I am applying for an open work permit under an active public policy or pilot program announced by IRCC.
  • I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
  • I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
    • Spouse or Common-law Partner in Canada
    • Humanitarian and Compassionate cases
    • Protected Persons in Canada
    • Live-in Caregiver in Canada
How are you eligible for an open work permit. Haven’t you already received PGWP extension under a previous policy? So not eligible for another extension.
 

track002

Star Member
Oct 16, 2023
87
9
How are you eligible for an open work permit. Haven’t you already received PGWP extension under a previous policy? So not eligible for another extension.
Exactly, then why in the letter I'm given the option to apply to restore status? I'm so confused.
 

Naturgrl

VIP Member
Apr 5, 2020
39,767
8,176
Exactly, then why in the letter I'm given the option to apply to restore status? I'm so confused.
You need to restore status because you are now in Canada without status. You are now in Canada illegally. So you need status to remain. You have few options because I don’t think you were eligible for the a second PGWP extension. You have few options unless you leave Canada.
 

track002

Star Member
Oct 16, 2023
87
9
You need to restore status because you are now in Canada without status. You are now in Canada illegally. So you need status to remain. You have few options because I don’t think you were eligible for the a second PGWP extension. You have few options unless you leave Canada.
@Naturgrl I want to restore my status but under what immigration status? What is my response suppose to be for these questions?

What is your current immigration status in Canada? -> I have a visitor's visa til 2024 but shouldn't an officer stamp me at port of entry as a visitor?
Please make a selection
Student
Worker
Visitor
Temporary Resident Permit Holder
Refugee Claimant
Live-in Caregiver


Does one of the following apply to you?
  • I am subject of a removal order that is unenforceable
  • I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
  • I am in primary or secondary school, or a visiting or exchange student, in Canada with visitor status.
  • I am applying for an open work permit under an active public policy or pilot program announced by IRCC.
  • I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
  • I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
    • Spouse or Common-law Partner in Canada
    • Humanitarian and Compassionate cases
    • Protected Persons in Canada
    • Live-in Caregiver in Canada
 

Naturgrl

VIP Member
Apr 5, 2020
39,767
8,176
@Naturgrl I want to restore my status but under what immigration status? What is my response suppose to be for these questions?

What is your current immigration status in Canada? -> I have a visitor's visa til 2024 but shouldn't an officer stamp me at port of entry as a visitor?
Please make a selection
Student
Worker
Visitor
Temporary Resident Permit Holder
Refugee Claimant
Live-in Caregiver


Does one of the following apply to you?
  • I am subject of a removal order that is unenforceable
  • I applied for a study or work permit before entering Canada which was approved, but not issued at a port of entry; or
  • I am in primary or secondary school, or a visiting or exchange student, in Canada with visitor status.
  • I am applying for an open work permit under an active public policy or pilot program announced by IRCC.
  • I am a student who has completed a program of study that is a prerequisite to my enrolment at a designated learning institution with visitor status in Canada; or
  • I applied for permanent residence and was found eligible (first stage approval) under one of the following classes:
    • Spouse or Common-law Partner in Canada
    • Humanitarian and Compassionate cases
    • Protected Persons in Canada
    • Live-in Caregiver in Canada
But what is your plan? You cannot work and are without status. You aren’t a student. You are not eligible for an open work permit (I think based on past posts) as you were trying to get a second PGWP extension when your original PGWP expired in 2021. You may want to consult an immigration lawyer. Don’t know if you can change status to visitor. But you should be planning to leave Canada. Do you have PR application in process?
 

track002

Star Member
Oct 16, 2023
87
9
But what is your plan? You cannot work and are without status. You aren’t a student. You are not eligible for an open work permit (I think based on past posts) as you were trying to get a second PGWP extension when your original PGWP expired in 2021. You may want to consult an immigration lawyer. Don’t know if you can change status to visitor. But you should be planning to leave Canada. Do you have PR application in process?
I should hear about my LMIA in next 2 weeks. That's the only option I have other than crossing the border and re-entering as a visitor.
 

YVR123

VIP Member
Jul 27, 2017
6,567
2,507
I should hear about my LMIA in next 2 weeks. That's the only option I have other than crossing the border and re-entering as a visitor.
Then apply to restore your status as visitor and NOT work and wait 2 weeks! I do not have step by step information on HOW to apply to restore your status.

Also your visitor visa that expires in 2024 do not give you visitor status NOW. since you were enter with study permit/student status and now expired.
 

track002

Star Member
Oct 16, 2023
87
9
Then apply to restore your status as visitor and NOT work and wait 2 weeks!

Also your visitor visa that expires in 2024 do not give you visitor status NOW. since you were enter with study permit/student status and now expired.
I'm very close to Niagara Border, I can go tomorrow and re-enter as a visitor - I have a valid USA visitor's visa. But would there be any chance to apply for work permit (If LMIA fails too)?