Out of status, cannot restore

[pebbles123]

So my nephew is in this situation (originally a student, then held a PGWP)

1. April 10 - he submitted an application for a BOWP
2. August 30 - received an ITA
3. Sept 10 - BOWP denied, WP expired, out of status, 90 days to restore
4. Sept 22 - submitted application for restoration
5. Jan 15 - restoration application denied, out of status, cannot restore and must leave Canada
6. Jan 22 - resigned from his job

As far as I see it the results are correct. He was not eligible for a BOWP which is why he was denied, then he submitted a restoration application for a PGWP which is also not possible.

A few questions:

a. Must he leave Canada immediately since he’s out of status?
b. He was technically not supposed to work once he was out of status on Sept 10 (#4 above). How will this impact existing PR application (he already submitted his biometrics)? What can we do to rectify, if anything?
c. If he stays in Canada, I’m assuming his PR will get denied, correct?


Family is suggesting he leave Canada and wait until his PR is processed, since it appears that he’s close and it’s not worth staying here illegally and jeopardizing his application. Other ppl are saying to get a lawyer to sort this out so he can stay (which I think is a waste since he’s already in the PR process - maybe if he didn’t receive an ITA it would be different?). And he did all of this himself (prob w friends) without consulting family or asking for help (sigh) - I guess he thought he can just handle it all. Thoughts?

 

[forevermore76]

So my nephew is in this situation (originally a student, then held a PGWP)

1. April 10 - he submitted an application for a BOWP
2. August 30 - received an ITA
3. Sept 10 - BOWP denied, WP expired, out of status, 90 days to restore
4. Sept 22 - submitted application for restoration
5. Jan 15 - restoration application denied, out of status, cannot restore and must leave Canada
6. Jan 22 - resigned from his job

As far as I see it the results are correct. He was not eligible for a BOWP which is why he was denied, then he submitted a restoration application for a PGWP which is also not possible.

A few questions:

a. Must he leave Canada immediately since he’s out of status?
b. He was technically not supposed to work once he was out of status on Sept 10 (#4 above). How will this impact existing PR application (he already submitted his biometrics)? What can we do to rectify, if anything?
c. If he stays in Canada, I’m assuming his PR will get denied, correct?


Family is suggesting he leave Canada and wait until his PR is processed, since it appears that he’s close and it’s not worth staying here illegally and jeopardizing his application. Other ppl are saying to get a lawyer to sort this out so he can stay (which I think is a waste since he’s already in the PR process - maybe if he didn’t receive an ITA it would be different?). And he did all of this himself (prob w friends) without consulting family or asking for help (sigh) - I guess he thought he can just handle it all. Thoughts?

Working without status doesn't necessarily mean PR will be denied. The person was probably also working under the table so there's no documented proof.

Doesn't really matter at this point if they leave Canada or stay while waiting for PR decision. They might have to exit and re-enter if and when PR is approved.

 

[scylla]

So my nephew is in this situation (originally a student, then held a PGWP)

1. April 10 - he submitted an application for a BOWP
2. August 30 - received an ITA
3. Sept 10 - BOWP denied, WP expired, out of status, 90 days to restore
4. Sept 22 - submitted application for restoration
5. Jan 15 - restoration application denied, out of status, cannot restore and must leave Canada
6. Jan 22 - resigned from his job

As far as I see it the results are correct. He was not eligible for a BOWP which is why he was denied, then he submitted a restoration application for a PGWP which is also not possible.

A few questions:

a. Must he leave Canada immediately since he’s out of status?
b. He was technically not supposed to work once he was out of status on Sept 10 (#4 above). How will this impact existing PR application (he already submitted his biometrics)? What can we do to rectify, if anything?
c. If he stays in Canada, I’m assuming his PR will get denied, correct?


Family is suggesting he leave Canada and wait until his PR is processed, since it appears that he’s close and it’s not worth staying here illegally and jeopardizing his application. Other ppl are saying to get a lawyer to sort this out so he can stay (which I think is a waste since he’s already in the PR process - maybe if he didn’t receive an ITA it would be different?). And he did all of this himself (prob w friends) without consulting family or asking for help (sigh) - I guess he thought he can just handle it all. Thoughts?

PR won't be approved if he's in Canada out of status. It's too late to restore his status.

His options are to either leave Canada or to hire an immigration lawyer to try to appeal the restoration refusal.

Leaving Canada is the best option IMO if PR is a priority.

 

[canuck78]

So my nephew is in this situation (originally a student, then held a PGWP)

1. April 10 - he submitted an application for a BOWP
2. August 30 - received an ITA
3. Sept 10 - BOWP denied, WP expired, out of status, 90 days to restore
4. Sept 22 - submitted application for restoration
5. Jan 15 - restoration application denied, out of status, cannot restore and must leave Canada
6. Jan 22 - resigned from his job

As far as I see it the results are correct. He was not eligible for a BOWP which is why he was denied, then he submitted a restoration application for a PGWP which is also not possible.

A few questions:

a. Must he leave Canada immediately since he’s out of status?
b. He was technically not supposed to work once he was out of status on Sept 10 (#4 above). How will this impact existing PR application (he already submitted his biometrics)? What can we do to rectify, if anything?
c. If he stays in Canada, I’m assuming his PR will get denied, correct?


Family is suggesting he leave Canada and wait until his PR is processed, since it appears that he’s close and it’s not worth staying here illegally and jeopardizing his application. Other ppl are saying to get a lawyer to sort this out so he can stay (which I think is a waste since he’s already in the PR process - maybe if he didn’t receive an ITA it would be different?). And he did all of this himself (prob w friends) without consulting family or asking for help (sigh) - I guess he thought he can just handle it all. Thoughts?

His only real option is leave Canada. He needs to have status to get PR.