Case Study: Restoration of Status After Work Permit Refusal
At Arnika Visa, we understand how challenging immigration processes can be, especially when an applicant unintentionally makes a mistake in their work permit application. This case involves a client in an unexpected situation after a work permit refusal Canada. due to a misunderstanding about eligibility criteria. With our assistance, the client restored their status in Canada, allowing them to remain legally in the country while awaiting an LMIA from their employer.
Background of the Case
Our client arrived in Canada in March 2016 on a Spousal Open Work Permit (OWP) to accompany their spouse in Canada to attend college. As the spouse of a student, they were eligible for an Open Work Permit, which allowed them to work for any employer in Canada without requiring a Labour Market Impact Assessment (LMIA).
Over the years, the client successfully extended their work permit multiple times. Their extensions were granted until December 2019, and then again, under a special COVID-19 public policy, they were able to extend their stay as workers until July 28, 2023. However, in July 2023, when they applied for yet another work permit extension, the situation changed—they were no longer married and thus no longer eligible for an Open Work Permit under the previous conditions.
The Mistake and a Work Permit Refusal
On November 20, 2023, the client was refused by Immigration, Refugees, and Citizenship Canada (IRCC) regarding their work permit extension. The work permit refusal Canada occurred because they applied for an Open Work Permit, mistakenly believing that their previous eligibility still applied despite the change in marital status. Had they known they were no longer eligible for an Open Work Permit, they would have applied for an employer-specific work permit supported by an LMIA.
The client had an employer interested in hiring them and willing to go through the LMIA process. However, a misunderstanding of their work permit eligibility led to the application being refused. Upon receiving the refusal letter, the client realized the mistake. Without being married, they could no longer apply for an Open Work Permit, and the proper course of action would have been to apply for a closed work permit with an LMIA.
Seeking Professional Help: Restoration of Status
Faced with the a work permit refusal Canada and the impending expiration of their legal status, the client sought assistance from Arnika Visa to rectify the situation. Recognizing that their status as a worker had already expired, we moved quickly to submit a restoration of status application. Since the client did not meet the conditions for an Open Work Permit, we advised them to restore their status as a visitor while awaiting the LMIA from their employer.
The restoration application was crucial in allowing the client to avoid being out of status in Canada and remain legally in the country during this period. Without it, they would have had to leave Canada and potentially face more complications when re-entering it.
Correcting the Mistake and Applying for the Proper Status
As part of the restoration application, we prepared a thorough submission explaining the error in the previous work permit application. The client expressed their regret for the misunderstanding and highlighted that the mistake was made in good faith due to the complex nature of immigration regulations. They were unaware of the specific eligibility requirements for an Open Work Permit after their marital status changed.
In the restoration of status application, we explained that the client now understood that they should have applied for a closed work permit supported by an LMIA from their employer. The employer was in the process of securing the LMIA, and once restoration of status approved, the client would be eligible to apply for the correct work permit.
In the meantime, we applied for restoration of the client’s status as a visitor, which would allow them to stay in Canada legally until the LMIA was approved and they could reapply for a work permit.
Restoration of status approved
We are pleased to report that on February 7, 2024, IRCC approved the client’s restoration of status as a visitor. The restoration of status approved and meant the client could legally remain in Canada while waiting for the LMIA and the subsequent work permit application. The restoration process gave them the time and legal standing to continue living in Canada without having to leave the country due to the earlier misunderstanding.
The Importance of Professional Guidance
This case highlights the complexities of Canadian immigration regulations and the importance of seeking professional help when navigating these processes. The client was unaware that their eligibility for an Open Work Permit had changed after their divorce. This lack of knowledge led to a work permit refusal Canada.. Had they consulted with an immigration professional earlier, they would have been advised to apply for an employer-specific work permit supported by an LMIA from their employer, avoiding the refusal altogether.
However, thanks to Arnika Visa’s prompt action and expertise, the client was able to restore their status and legally remain in Canada. By restoring their status as a visitor, we ensured they would not have to leave Canada and face further complications while waiting for the LMIA to be approved.
Conclusion: A Successful Outcome
This case is an important reminder that small misunderstandings in the immigration process can lead to significant challenges. However, with the right guidance, these challenges can be overcome, and a positive outcome can be achieved.
At Arnika Visa, we are committed to helping individuals navigate the complexities of Canadian immigration. Whether it’s applying for a work permit, restoration status Canada, or addressing work permit refusal Canada, our team is here to provide the support and expertise needed to ensure a successful outcome.
How to apply for restoration of status in Canada?
To apply for restoration of status Canada, submit an online application within 90 days of losing your status. Log in to your IRCC secure account, complete the relevant form (e.g., IMM 5708 or IMM 5710), upload the required documents, write an explanation letter for the lapse, pay the restoration fee, meet the conditions of your original status, and submit the application within 90 days of losing your status. Restoration isn’t guaranteed and is assessed case-by-case.
For restoration of status after 90 days, restoration is no longer an option. You may need to leave Canada and reapply for status from outside the country or, in some cases, apply for a Temporary Resident Permit (TRP) if justified by compelling reasons to remain in Canada despite their inadmissibility or out-of-status issues. , The application for spouse sponsorship in Canada for individuals who are out of status in Canada but have a Canadian spouse or common-law partner, or for individuals who are out of status in Canada and an H&C application (Humanitarian and Compassionate Ground Canada) for have compelling reasons for remaining in Canada based on humanitarian and compassionate grounds.
