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In the middle of processing for PR we broke up. What is my current status in Canada?

samidare

Member
Sep 5, 2017
14
0
So we broke up while I'm waiting for PR, We're living in Quebec and about to submit the undertaking application (which is CSQ) to Quebec government but we didn't do it because of what happened!

And my visitor visa is expired a few months ago after we've sent the application of the PR.
I thought I don't need to extend my visitor visa at the time because once we've applied my status won't be matter like I can just tell if I was asked about my status in Canada: "I'm being processed for PR right now".
But I'm still not sure if I'm done the right choice.

And since we broke up, my question is, what is my status in Canada right now?
Even If I want to check if I'm eligible to apply for study/visitor visa, I can't choose one from these (visitor/study/work/PR/caregiver etc.) and I'm a little scared of asking CIC directly about this, wouldn't they be banned me like immediately if I inform?

Thank you so much for your advice.
 

scylla

VIP Member
Jun 8, 2010
93,191
20,658
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So we broke up while I'm waiting for PR, We're living in Quebec and about to submit the undertaking application (which is CSQ) to Quebec government but we didn't do it because of what happened!

And my visitor visa is expired a few months ago after we've sent the application of the PR.
I thought I don't need to extend my visitor visa at the time because once we've applied my status won't be matter like I can just tell if I was asked about my status in Canada: "I'm being processed for PR right now".
But I'm still not sure if I'm done the right choice.

And since we broke up, my question is, what is my status in Canada right now?
Even If I want to check if I'm eligible to apply for study/visitor visa, I can't choose one from these (visitor/study/work/PR/caregiver etc.) and I'm a little scared of asking CIC directly about this, wouldn't they be banned me like immediately if I inform?

Thank you so much for your advice.
I assume you applied inland? Has your open work permit been granted yet? When did your visitor visa expire?
 
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zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
So we broke up while I'm waiting for PR, We're living in Quebec and about to submit the undertaking application (which is CSQ) to Quebec government but we didn't do it because of what happened!

And my visitor visa is expired a few months ago after we've sent the application of the PR.
I thought I don't need to extend my visitor visa at the time because once we've applied my status won't be matter like I can just tell if I was asked about my status in Canada: "I'm being processed for PR right now".
But I'm still not sure if I'm done the right choice.

And since we broke up, my question is, what is my status in Canada right now?
Even If I want to check if I'm eligible to apply for study/visitor visa, I can't choose one from these (visitor/study/work/PR/caregiver etc.) and I'm a little scared of asking CIC directly about this, wouldn't they be banned me like immediately if I inform?

Thank you so much for your advice.
Given your statement, presumably your sponsor will be immediately withdrawing the sponsorship application.
If your TRV is expired, and no OWP application was submitted, you are out of status.
A PR application doesn't provide ANY status. Only the outstanding OWP application does via "implied status".
If the sponsorship is withdrawn, I suspect that the OWP application will be implicitly cancelled as well as it would have nothing to support it.
 

samidare

Member
Sep 5, 2017
14
0
I assume you applied inland? Has your open work permit been granted yet? When did your visitor visa expire?
Thanks for your reply.

- Yes, I applied inland.
- My OWP is not granted since we didn't submit the undertaking for qc. therefore CIC wouldn't give it to me.
- It's expired last December.
 

samidare

Member
Sep 5, 2017
14
0
Given your statement, presumably your sponsor will be immediately withdrawing the sponsorship application.
If your TRV is expired, and no OWP application was submitted, you are out of status.
A PR application doesn't provide ANY status. Only the outstanding OWP application does via "implied status".
If the sponsorship is withdrawn, I suspect that the OWP application will be implicitly cancelled as well as it would have nothing to support it.
My sponsor talked someone who works for the immigration and the person said to him that CIC will give us a letter probably like in a month says:
We(CIC) didn't receive the undertaking application from the government of QC, so the applicant should leave the country within **days. kinda thing.
That's what the person told him apparently. Do you know if this is true?
I don't know if it's gonna be in one week or 90 days. I don't even know the information he's got is correct.
And when it happens, I was told what I have to do is going to the ca/us border and coming back as visitor. But it is possible that the canadian border wouldn't let me in again because a lot of people are doing this way...

> If the sponsorship is withdrawn..
Yes I think so too. I hope that the fee for OWP will be refunded...
 

scylla

VIP Member
Jun 8, 2010
93,191
20,658
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thanks for your reply.

- Yes, I applied inland.
- My OWP is not granted since we didn't submit the undertaking for qc. therefore CIC wouldn't give it to me.
- It's expired last December.
In that case you're out of status in Canada. You have 90 days from the time your visitor visa expired to restore your status. If you are already beyond the 90 days, then you'll need to leave Canada. There's no way to fix your status from within Canada. If you still have time remaining in the 90 days, then get your restoration in ASAP. You'll need to restore your status to visitor.
 

samidare

Member
Sep 5, 2017
14
0
In that case you're out of status in Canada. You have 90 days from the time your visitor visa expired to restore your status. If you are already beyond the 90 days, then you'll need to leave Canada. There's no way to fix your status from within Canada. If you still have time remaining in the 90 days, then get your restoration in ASAP. You'll need to restore your status to visitor.
I just found a link based on the information given from you(thanks so much!!):
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

Ok, 90days from the expiry date is about in 2 weeks from now,
So Seems I’m still eligible for restoration my stay..

Now here are my questions:

If I want to stay:
Fill out IMM5708 and pay for the fee online and that’s it, right?

If I want to just leave Canada:
Can I just buy a flight ticket and go to the airport?
But I don’t know if the customs at the airport will listen to my situation,
I’m scared To be banned immediately and can not come back to Canada like 5years after I left, If they don’t listen to me..
Is there a chance to be happened in this case?

Thanks.
 

scylla

VIP Member
Jun 8, 2010
93,191
20,658
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
If you want to simply leave Canada now instead of applying for restoration - you can certainly do that. You won't be stopped from leaving and you won't be banned.
 

samidare

Member
Sep 5, 2017
14
0
If you want to simply leave Canada now instead of applying for restoration - you can certainly do that. You won't be stopped from leaving and you won't be banned.
Thanks for answering for my concern.
I'm sorry to take your time but I have a few more things that I'd like to ask:

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/kits/forms/imm5708e.pdf

- Current status in Canada
Since I don't have a status in Canada, which status should I put in No.7 (Current country of residence) in this form IMM5708?

- Funds
And I don't have much savings right now, do you know how much at least I have to have in my bank account when its restoration? And do I also need to get the balance statement to proof my funds?
Which I don't know If I can make it though..


- History of my application to remain Canada
In this section, I'm being asked: "Have you previously applied to enter or remain in Canada?"
I think the PR application applies and have to answer YES, but If I don't have enough space to explain, do I have to create an additional document?

Thanks a lot for your help.
 
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