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Work permit extension refused, now out of status ...

Work permit extension refused, now out of status ...

Old Dec 15th 2011, 5:14 pm
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Default Work permit extension refused, now out of status ...

Well, the brown envelopes arrived on Monday. My husband's work permit, and my children's study permits and a nice letter of refusal for me. Oh, and in the letter, a 'by the way' sentence of ... your temporary resident status expired last week! It's their fault that my status has expired, because it took them 7 months to process our application which they received in May. Now they want an application for restoration and $350!!!

When we first came here in 2008, I wasn't entitled to a work permit for the first two years because of my husbands skill code but was allowed in Canada as an accompanying spouse (my name written on his permit). Then we applied to change the conditions/extension based on a new LMO and they granted me an spousal open work permit. Now a year later, the LMO doesn't allow me a work permit, so CIC have refused me, but not even attached me to my husband's work permit allowing me to be here with my family.

I've phoned immigration this morning, and they say 'follow the instructions on the letter' .... that was that! So in other words, get your application in and pay the money ... even though I've just paid them $150 in May to process the refused application!!!

Should I send in a paper application with a letter? Do you think this will make any difference? Obviously I want to remain in Canada with my family. And I really don't want to pay them any more money since it's them that took me out of status.
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Old Dec 15th 2011, 5:22 pm
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Default Re: Work permit extension refused, now out of status ...

Im gonna let a CIC person answer this one

Here are the fee structures
https://eservicesak.cic.gc.ca/efee/efee.do
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Old Dec 15th 2011, 5:56 pm
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by Lloydies
Well, the brown envelopes arrived on Monday. My husband's work permit, and my children's study permits and a nice letter of refusal for me. Oh, and in the letter, a 'by the way' sentence of ... your temporary resident status expired last week! It's their fault that my status has expired, because it took them 7 months to process our application which they received in May. Now they want an application for restoration and $350!!!

When we first came here in 2008, I wasn't entitled to a work permit for the first two years because of my husbands skill code but was allowed in Canada as an accompanying spouse (my name written on his permit). Then we applied to change the conditions/extension based on a new LMO and they granted me an spousal open work permit. Now a year later, the LMO doesn't allow me a work permit, so CIC have refused me, but not even attached me to my husband's work permit allowing me to be here with my family.

I've phoned immigration this morning, and they say 'follow the instructions on the letter' .... that was that! So in other words, get your application in and pay the money ... even though I've just paid them $150 in May to process the refused application!!!

Should I send in a paper application with a letter? Do you think this will make any difference? Obviously I want to remain in Canada with my family. And I really don't want to pay them any more money since it's them that took me out of status.
I am afraid you are going to have to follow the instructions on the letter. You can try and argue but it really is pointless. As far as they are concerned your application was for a work permit - you are not allowed one - so your application is refused. You now need to apply to restore your status AND have a visitor visa issued for you.

It is crap but it is what CIC want you to do.
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Old Dec 15th 2011, 6:01 pm
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Default Re: Work permit extension refused, now out of status ...

A bit confused as to why they have refused you an extension.:confused

We applied for our extension online at the end of August and it took exactly 3months before we reecived the extension.

I think I would have been panicking a little earlier

I think you can have implied status or something for another 90 days, no doubt someone will come along and assist shortly
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Old Dec 15th 2011, 6:12 pm
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by snowcandy
A bit confused as to why they have refused you an extension.:confused

We applied for our extension online at the end of August and it took exactly 3months before we reecived the extension.

I think I would have been panicking a little earlier

I think you can have implied status or something for another 90 days, no doubt someone will come along and assist shortly
Yes - I was freaking out much much earlier, but there's nothing you can do when waiting for the brown envelope. I don't have much hair left!!
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Old Dec 15th 2011, 6:14 pm
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by AmyDavid
I am afraid you are going to have to follow the instructions on the letter. You can try and argue but it really is pointless. As far as they are concerned your application was for a work permit - you are not allowed one - so your application is refused. You now need to apply to restore your status AND have a visitor visa issued for you.

It is crap but it is what CIC want you to do.
So what do you think the $350 is for? It's $200 for a visitor and restoration application. I've already paid them $150 to process the refused application, so that's gone.

On the letter it says "application fees for restoration and for the immigration document(s) in the amount of $350 payable at ...."
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Old Dec 15th 2011, 6:17 pm
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Default Re: Work permit extension refused, now out of status ...

Why not just leave and reenter canada as a visitor without paying the fee? Or would you be refused?
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Old Dec 15th 2011, 6:26 pm
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by CanadaJimmy
Why not just leave and reenter canada as a visitor without paying the fee? Or would you be refused?
Apart from a 7 hour one way drive, I don't want to risk it. I'm fairly sure that I'll be granted a visitor visa to stay with my family, but I don't know how much to pay. The fees site says $200 but they're quoting $350 in the letter.
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Old Dec 15th 2011, 6:52 pm
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Default Re: Work permit extension refused, now out of status ...

Im guessing based on the info you have supplied and like I say Im guessing

2 x children Extension of Authorization at $75 per child is $150
1 x Adult Restoration of Temporary Resident Status $200

By my maths that is $350 as per CIC instructions.
Fair or not that its what they are asking. The 90 days of Implied Status only applies if submitted before the expiry date and until a decision is reached.
True you could try a POE which costs nothing apart from travel time. If you have a copy of your OH work permit and not inadmissible for any other reasons then I dont see why you would be refused back into Canada.

Maybe the following link explains it better
http://www.cic.gc.ca/english/visit/extend-stay.asp
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Old Dec 15th 2011, 7:38 pm
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by Former Lancastrian
Im guessing based on the info you have supplied and like I say Im guessing

2 x children Extension of Authorization at $75 per child is $150
1 x Adult Restoration of Temporary Resident Status $200

By my maths that is $350 as per CIC instructions.
Fair or not that its what they are asking. The 90 days of Implied Status only applies if submitted before the expiry date and until a decision is reached.
True you could try a POE which costs nothing apart from travel time. If you have a copy of your OH work permit and not inadmissible for any other reasons then I dont see why you would be refused back into Canada.

Maybe the following link explains it better
http://www.cic.gc.ca/english/visit/extend-stay.asp
The kids don't need anything, they're fine and were issued Study Permits attached to their dad's work permit. It's only me, because my permit extension application was refused, so I don't know where the other $150 is coming from.
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Old Dec 15th 2011, 9:14 pm
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Default Re: Work permit extension refused, now out of status ...

Now Im not going to argue but are you sure your kids were issued a study permit and it wasnt a visitor record? Plus I believe even if they were given a study permit it would have expired at the same time as your OH original work permit which you state expired. Children under 18 dont need a study permit and we normally issue a visitor record for documentation to show to a school board.
When these expired were you given extensions for the children??? Did you apply for extensions. Are you saying the documents issued to the children are still valid based on your OH new work permit.
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Old Dec 15th 2011, 10:04 pm
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by Former Lancastrian
Now Im not going to argue but are you sure your kids were issued a study permit and it wasnt a visitor record? Plus I believe even if they were given a study permit it would have expired at the same time as your OH original work permit which you state expired. Children under 18 dont need a study permit and we normally issue a visitor record for documentation to show to a school board.
When these expired were you given extensions for the children??? Did you apply for extensions. Are you saying the documents issued to the children are still valid based on your OH new work permit.
I need to clarify, I think you've mixed up a couple of dates.

Our permits expired in May 2011, and we applied for extensions - 2 x work permits, and 2 x study permits. It took them 7 months to process our application, when last week they issued my husband's work permit, 2 x study permits for the kids (yes Study Permits - we've always had them since 2008) and a refusal letter for me.

Some people seem to get away with the paying for and issuing of study permits, but we've always paid the $125 fee per child and received study permits. It clearly asks on the forms, so I don't know how people slip through that one, unless they're coming via POE.
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Old Dec 15th 2011, 10:18 pm
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Default Re: Work permit extension refused, now out of status ...

Im not using this as a cop out but I think its best that you phone the 1 888 242 2100 number that is located on the back of the documents you were issued. Give them your client ID # the 8 digit one on the front of those documents.
Due to the numerous regulations involving WPs SPs and VRs and extensions and not being able to see your client history on FOSS I dont think this forum is suited to giving you an answer without things getting misinterpreted.

Maybe a seasoned CIC member might be able to help.
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Old Dec 16th 2011, 4:38 am
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Default Re: Work permit extension refused, now out of status ...

Originally Posted by Former Lancastrian
Im not using this as a cop out but I think its best that you phone the 1 888 242 2100 number that is located on the back of the documents you were issued. Give them your client ID # the 8 digit one on the front of those documents.
Due to the numerous regulations involving WPs SPs and VRs and extensions and not being able to see your client history on FOSS I dont think this forum is suited to giving you an answer without things getting misinterpreted.

Maybe a seasoned CIC member might be able to help.
Called them today ... absolute waste of time! 5 attempts and the only thing they say is "follow the instructions on the letter". Well, I won't be wasting any more time on that. Also called a couple of immigration lawyers ... shedding no light either. I'm just going to bite the bullet, complete the form and pay the money, which cheeses me off no end
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