Workpermit refusal

[Hetanp]

Hi,
I am an International student in canada who just recently finished my 2yrs of full time program. And Unfortunately, after successful completing my course i applied for my workpermit and got a refusal from CiC stating a reason that I didnt hold a valid study permit when i applied for post grad workpermit.
I am instructed to leave the country immediately. I was unaware about the fact that you should have a valid study permit in order to apply for a work permit. My college also didnt remind me about that and also i was unaware and exhausted the restoration period too. I am so confused what to do. I cant leave the country immediately as i have job, rents etc. Is there any way where i can appeal. As its my right to get a workpermit but unfortunately this thing happened.
Can some1 please guide me for the same?

Thank you.

 

[scylla]

You do have to be holding a valid study permit at the time you apply for a PGWP to be approved. So unfortunately it sounds like you were correctly refused.

When you say that you have exhausted the restoration period, what do you mean by that? Has it been longer than 90 days since you finished school? If so, there's probably not much you can do at this point to get a PGWP. Has it been longer than 90 days since you received the refusal?

Hopefully you stopped working as soon as you received the refusal.

Is your employer willing to obtain an approved LMIA?

 

[Hetanp]

You do have to be holding a valid study permit at the time you apply for a PGWP to be approved. So unfortunately it sounds like you were correctly refused.

When you say that you have exhausted the restoration period, what do you mean by that? Has it been longer than 90 days since you finished school? If so, there's probably not much you can do at this point to get a PGWP. Has it been longer than 90 days since you received the refusal?

Hopefully you stopped working as soon as you received the refusal.

Is your employer willing to obtain an approved LMIA?

Hi
thank you for your reply.
Yes, my study permit expired on 10th of April 2017 and i applied for my workpermit on 16th July, 2017. So, they told me that i maxed out the restoration period in which i could apply for workpermit as I was counting 3minths from the date of completition of my course which was 23rd of april. So according to which i submitted my application on 16th of july considerimg myself to be on time. But i was wrong they considered 90days from 10th of april which was the date when my study permit got expired.
And yes for the moment i have stopped working. And i spoke to my employer she is ready for LMIA. Will that option work? And if yes then as soon as i apply for LMIA am i allowed to stay in the country and work?

Thanks

 

[scylla]

Hi
thank you for your reply.
Yes, my study permit expired on 10th of April 2017 and i applied for my workpermit on 16th July, 2017. So, they told me that i maxed out the restoration period in which i could apply for workpermit as I was counting 3minths from the date of completition of my course which was 23rd of april. So according to which i submitted my application on 16th of july considerimg myself to be on time. But i was wrong they considered 90days from 10th of april which was the date when my study permit got expired.
And yes for the moment i have stopped working. And i spoke to my employer she is ready for LMIA. Will that option work? And if yes then as soon as i apply for LMIA am i allowed to stay in the country and work?

Thanks

When did you receive the refusal? That date is important.

No - applying for the LMIA certainly does not allow you to work. You have to wait until the LMIA is approved AND also your new work permit is approved before you can start working again. LMIAs can easily take 4-6 months to get approved - so you should expect that you'll be waiting for a while.

 

[scylla]

Ah - hold on a minute - you were out of status in Canada as of April 10th when your study permit expired. So it's too late for you to restore your status within Canada. That means that you do have to leave - there are no options that allow you to stay. If your employer is able to obtain an approved LMIA, you can apply for a work permit from outside of Canada and then return to Canada once the work permit is approved.

 

[Hetanp]

Well, I just received refusal letter on 3rd of october.
And also i have an another option, As i have a boyfriend with whom i am staying for 2yrs but we never filed common law. He was also on workpermit and recently made an application for his permanent residence in express entry. He submitted his profile on july 4, 2017 and right now its just his background check going on. We are planning to get married and put me on his dependent. But I am scared that would not interupt his file. We were planning to update his file. So in that case if i do so Do i still have to leave the country till i receive a passport request.