If Immigration, Refugees and Citizenship Canada (IRCC) returns your Express Entry application as incomplete, your Acknowledgement of Receipt (AOR) is instantly cancelled. This immediately voids your eligibility for a Bridging Open Work Permit (BOWP), meaning you must stop working if your previous permit has expired.
Applying for Permanent Residence (PR) through the Express Entry system is a massive milestone for anyone living and working in Canada 📍. For many temporary workers, getting that coveted Acknowledgement of Receipt (AOR) is a lifeline, as it allows them to apply for a Bridging Open Work Permit (BOWP) to keep working legally while their PR is processed. However, disaster strikes if IRCC performs their R10 completeness check and finds a missing document, such as a police certificate or an improper reference letter. When an application is returned as incomplete, it is treated as though it never existed.
The consequences of an incomplete Express Entry application are severe, especially regarding your legal right to work in the country . Without a valid PR application in processing, your BOWP application will be refused. If you were relying on “maintained status” (formerly known as implied status) to continue your employment, that status vanishes the moment the PR application is cancelled. Navigating this sudden loss of status is incredibly complex, and consulting a Canadian immigration lawyer immediately is highly recommended to protect your future in Canada.
Step-by-Step Process: Recovering from a Returned PR Application in Canada
Receiving an incomplete application notice from IRCC can cause immediate panic, but you must act quickly and methodically to avoid running afoul of the Canada Border Services Agency (CBSA) 📝. Continuing to work without authorization is a serious offence. Here is the step-by-step recovery process you must follow to regain your footing.
Step 1: Identifying the R10 Refusal Reason
The very first thing you must do is read the letter from IRCC carefully . Section 10 of the Immigration and Refugee Protection Regulations (IRPR), commonly called the R10 check, mandates that every single document required by the personalized checklist must be perfect. Common reasons for return include providing a police clearance certificate that is a few days too old, uploading an employment letter missing crucial duties, or failing to translate a document correctly. Identifying the exact error is essential so you do not repeat it.
Step 2: Assessing Your Current Work Permit Status
You must immediately check the expiry date on your physical work permit . If your original work permit is still valid for a few more months, you are safe for now and can continue working. However, if your work permit has already expired and you were working on maintained status because of your BOWP application, you must stop working on the exact day you receive the incomplete notice from IRCC. Your maintained status has effectively been erased.
Step 3: Stopping Unauthorised Work
This step is non-negotiable. You must inform your employer that your work authorization has ceased ⛔. Working even one single day after losing your status is considered unauthorized labour. This can result in a future PR refusal, an exclusion order, or being flagged by the CBSA. Do not attempt to work “under the table” or accept cash payments, as this is illegal and highly risky.
Step 4: Applying for Restoration of Status
If your work permit has expired, you have exactly 90 days from the date it expired to apply for a “Restoration of Status” to remain in Canada legally . Because your PR application was cancelled, you generally cannot restore your status as a worker unless you have a new Labour Market Impact Assessment (LMIA). Most applicants in this situation choose to restore their status to that of a Visitor to remain in Canada legally while they sort out their next steps. You cannot work as a visitor.
Step 5: Creating a New Express Entry Profile
Because your previous application was cancelled, you are no longer in the Express Entry pool 💻. You must log into your IRCC portal and create a brand-new profile from scratch. You will need to wait for a new round of invitations (a new ITA) before you can submit your PR application again. This means you are at the mercy of the current Comprehensive Ranking System (CRS) score cut-offs, which may have increased since your original invitation.
Step 6: Applying for a New Work Permit or BOWP
Once you receive a new ITA, submit a perfect PR application, and receive a new, valid AOR, you can finally apply for a new Bridging Open Work Permit . However, remember that you cannot apply for a BOWP if you are currently on a visitor record. You may need to leave Canada and apply from outside, or explore other closed work permit options with your employer.
How Much Does it Cost in Canada?
Fixing an incomplete Express Entry application and restoring your status is a costly administrative burden 💰. Here is a breakdown of the typical fees in Canadian dollars:
- Express Entry PR Fees: Fortunately, IRCC automatically refunds the PR processing fee ($990 CAD) and the Right of Permanent Residence Fee ($600 CAD) if the application is returned at the R10 stage.
- Restoration of Status: Applying to restore your legal temporary resident status costs $246.25 CAD.
- Visitor Record Fee: Changing your status to a visitor costs $100 CAD.
- New BOWP Fee: When you are finally eligible again, a new BOWP application will cost $255 CAD.
- Lawyer Fees: Retaining a lawyer to fix the mess, manage the restoration, and resubmit the PR application generally costs between $3,000 and $6,000 CAD.
| Application Type | Estimated Cost (CAD) | Notes |
|---|---|---|
| Status Restoration | $246.25 | Must be paid within 90 days of losing status. |
| Visitor Record | $100 | Fee to legally remain in Canada as a tourist. |
| New BOWP | $255 | Standard work permit fee + open permit holder fee. |
How Long Does the Process Take?
The IRCC completeness check (R10) usually happens within 1 to 2 months of submitting your Express Entry application 📅. If your application is returned, applying for a Restoration of Status can take 4 to 6 months to be processed. Receiving a new ITA depends entirely on federal Express Entry draws, which happen bi-weekly, provided your CRS score is high enough. Once you submit a new BOWP application, expect a processing wait of 3 to 4 months.
Frequently Asked Questions (FAQ)
What exactly is maintained status?
Maintained status (formerly implied status) allows you to continue working legally in Canada under the same conditions as your old work permit while IRCC processes your new work permit application, provided you applied before the old one expired.
Will IRCC refund my BOWP application fee?
If your PR application is returned as incomplete, your BOWP application will typically be refused because the primary requirement (a valid PR application) is gone. Refused applications are not refunded by IRCC.
Can I appeal an R10 incomplete return?
There is no formal appeal process for an incomplete application. If you believe IRCC made a genuine administrative error (e.g., they missed a document that was clearly uploaded), a lawyer can submit a Reconsideration Request via the Webform, though success is rare.
Will this refusal affect my future PR applications?
An incomplete application return is not a negative strike against your character or immigration history. As long as you did not commit misrepresentation, you are completely free to apply again once you receive a new ITA.
Can I apply for Employment Insurance (EI) while I cannot work?
No. To be eligible for standard Employment Insurance (EI) benefits from Service Canada, you must be ready, willing, and legally capable of working. Without a valid work permit, you do not meet the criteria for EI.
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