Consequences

[Aistah]

Hello all,

My friend from India is caught up in a confusing situation. Her work permit and visa are going to expire after 20 days but she has not applied for extension till now. Website information says that one can stay on implied status if one has applied for extension at least one month before the work permit expiry. What is the safest way for her in this situation.

She is worried that she can't afford to go back India right now...and...if she doesn't leave Canada before or on the date of expiry of WP and visa she will bear consequences in future? Kindly suggest what should she do now? Please reply and help a person truly in need.

Many thanks

 

[ragluf]

Hello all,

My friend from India is caught up in a confusing situation. Her work permit and visa are going to expire after 20 days but she has not applied for extension till now. Website information says that one can stay on implied status if one has applied for extension at least one month before the work permit expiry. What is the safest way for her in this situation.

She is worried that she can't afford to go back India right now...and...if she doesn't leave Canada before or on the date of expiry of WP and visa she will bear consequences in future? Kindly suggest what should she do now? Please reply and help a person truly in need.

Many thanks

The information in CIC web states "For any permit, you should always apply at least 30 days before your status expires.", can be taken as a recommendation (should instead of must). Technically, she still can apply before her current WP expires - apply immediately for the extension and if possible online (fastest way) and get a confirmation that the application has been received. A confirmation (or proof of submission) is much easier obtained if it is an online application.

She gets implied status as long as she has applied for an extension BEFORE her current WP expires, and this implied status starts from day of the expiry of the current WP until a decision is made on the WP extension application.

Read through:
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=189&t=17
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp

.../atb

 

[Aistah]

Thank u very much for your kind response.

If my friend stays on implied status and in case work permit or visa is refused, will she be considered overstayed ? Will this be considered as negative point in future if she initiate an application for immigration ?

We tried a lot to call at call centre number given on website but call remained unattended for long. At what number can she call ?

 

[ragluf]

Thank u very much for your kind response.

If my friend stays on implied status and in case work permit or visa is refused, will she be considered overstayed ? Will this be considered as negative point in future if she initiate an application for immigration ?

No, she has not overstayed yet, if this refusal is for an extension application made BEFORE the expiry of the current work permit. But upon refusal of the application, she is out of status and will have to leave the country as soon as possible.

For this - If she wants to still stay in Canada, there is another avenue. CIC gives a period of 90 days for the applicant to file a restoration of status along with another application (extension of WP/SP/Visitor record, or new WP/SP). If this is filed within 90 days - then she can still stay in Canada while waiting for the results of the restoration. The downside - she can't work during the restoration period.

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=192&t=17
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

We tried a lot to call at call centre number given on website but call remained unattended for long. At what number can she call ?

http://www.cic.gc.ca/english/contacts/call.asp

Call Centre telephone number: 1-888-242-2100

You have to be patient and try calling early.

.../atb