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Canada Immigration Forum > Immigration Topics > Family Class Sponsorship > Topic: Out of Status ....
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Author Topic: Out of Status ....  (Read 218 times)
annabruce
Hero Member
*****

Posts: 268
Ratings: +17
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: Received: 01-11-2010
Med's Done....: 30-11-2011, x-ray delayed (pregnancy)
« on: December 11, 2011, 12:16:29 pm »
No, not me or my wife.  I have been getting private messages from a lady asking me for help and I don't know the right answer.  Please, help her.  I don't know why she isn't posting the question herself.  I'm taking the initiative for her.

Outland family applicant.  Application submitted while still in good status.
Brazil.
Multi-entry visa.
Entered from the USA Jan 2011.
Submitted extension of status application, late, in November.  Refused.

What is her best next move?
Logged
App Received:  11/1/2010
Processing Started: 12/15/2010
App Returned: 12/15/2010
Processing Started Again:2/22/2011
AIP: 9/19/2011
Work Permit: 9/19/2011
missha
Hero Member
*****

Posts: 287
Ratings: +7
Category........: FAM
Visa Office......: Vegreville, Alberta
App. Filed.......: 03/18/2011
AOR Received.: 04/12/2011
« Reply #1 on: December 11, 2011, 12:19:41 pm »
Whats her intentions? She wanna stay in Canada or what?

If its refused, she should move back to US.
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Inland Tracking Chart:
https://docs.google.com/spreadsheet/pub?key=0AnT5cvUy612BdEMwdm1RODl4Qmh0Q0x1aUdod194ZFE&output=html
annabruce
Hero Member
*****

Posts: 268
Ratings: +17
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: Received: 01-11-2010
Med's Done....: 30-11-2011, x-ray delayed (pregnancy)
« Reply #2 on: December 11, 2011, 12:21:23 pm »
Quote from: missha on December 11, 2011, 12:19:41 pm
Whats her intentions? She wanna stay in Canada or what?

If its refused, she should move back to US.

Yes, she is a spouse from Brazil applying for permanent residence under the family category, wanting to remain in Canada.
Logged
App Received:  11/1/2010
Processing Started: 12/15/2010
App Returned: 12/15/2010
Processing Started Again:2/22/2011
AIP: 9/19/2011
Work Permit: 9/19/2011
Leon
VIP Member
*******

Posts: 13712
Ratings: +571
« Reply #3 on: December 11, 2011, 12:48:48 pm »
If she was refused, she must leave.

If she entered in January and didn't apply to extend her status until November, she had already overstayed her visit visa by 5 months.  In order to apply for a restoration of status when you are out of status, you must apply no later than 3 months after your status expired.

She has shown immigration that she doesn't respect their rules.  This is probably why she was refused.  She should leave now before she gets into even more trouble like getting deported.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
annabruce
Hero Member
*****

Posts: 268
Ratings: +17
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: Received: 01-11-2010
Med's Done....: 30-11-2011, x-ray delayed (pregnancy)
« Reply #4 on: December 11, 2011, 01:08:03 pm »
She claims her multi-entry visa was good for one year, but as I understand these temporary visas that one year only applies to your available entry dates.  Your visit in Canada is still limited to 6 months or less.
Logged
App Received:  11/1/2010
Processing Started: 12/15/2010
App Returned: 12/15/2010
Processing Started Again:2/22/2011
AIP: 9/19/2011
Work Permit: 9/19/2011
Leon
VIP Member
*******

Posts: 13712
Ratings: +571
« Reply #5 on: December 11, 2011, 01:12:58 pm »
Right.  If the multiple entry visa was valid for one year, that means she could have used it to come and go for up to one year but each visit would still be limited to 6 months.
Logged
PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
annabruce
Hero Member
*****

Posts: 268
Ratings: +17
Category........: FAM
Visa Office......: Vegreville
App. Filed.......: Received: 01-11-2010
Med's Done....: 30-11-2011, x-ray delayed (pregnancy)
« Reply #6 on: December 11, 2011, 01:14:27 pm »
Thanks. 

I've forwarded a link to this thread to her.  Hopefully she will follow your advice.
Logged
App Received:  11/1/2010
Processing Started: 12/15/2010
App Returned: 12/15/2010
Processing Started Again:2/22/2011
AIP: 9/19/2011
Work Permit: 9/19/2011
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