Out of status and restoration of status while waiting on P.R.

[Ljunkin]

Does anyone have experience with restoration of status or being out of status?

I applied for a visitor visa on 8th December 2014, as my work permit was expiring on 14th January 2015. I needed the visitor visa to tide me over as I wait on my spousal sponsorship P.R. to come through. (I married a Canadian in August and applied for Family Class P.R. in October 2014.)

Horrifyingly, I just found out that the visitor visa has been refused, as one of my files failed to upload properly. I was notified that I can apply for restoration of status within 90 days of my status expiring, which I did immediately. In the meantime, I am without status.

I'm at my wits end. The person at the CIC call centre told me it's best to stay in Canada and await the decision but nothing is guaranteed.
Meanwhile my immigration consultant tells it's best to leave and try and re-enter at the border for a 6 month visitor visa ASAP as remaining without status can jeopardise my P.R. application. But this leaves my fate up the individual border guard who could refuse entry, which would surely be a black spot on my immigration record?

Does anyone have advice on what the best course is? Should I stay in Canada without status, and wait the 100+ days for their decision or should I leave and try to re-enter? Or is it better to leave and not come back until I have the P.R. decision?

Thanks in advance!

 

[Ponga]

Does anyone have experience with restoration of status or being out of status?

I applied for a visitor visa on 8th December 2014, as my work permit was expiring on 14th January 2015. I needed the visitor visa to tide me over as I wait on my spousal sponsorship P.R. to come through. (I married a Canadian in August and applied for Family Class P.R. in October 2014.)

Horrifyingly, I just found out that the visitor visa has been refused, as one of my files failed to upload properly. I was notified that I can apply for restoration of status within 90 days of my status expiring, which I did immediately. In the meantime, I am without status.

I'm at my wits end. The person at the CIC call centre told me it's best to stay in Canada and await the decision but nothing is guaranteed.
Meanwhile my immigration consultant tells it's best to leave and try and re-enter at the border for a 6 month visitor visa ASAP as remaining without status can jeopardise my P.R. application. But this leaves my fate up the individual border guard who could refuse entry, which would surely be a black spot on my immigration record?

Does anyone have advice on what the best course is? Should I stay in Canada without status, and wait the 100+ days for their decision or should I leave and try to re-enter? Or is it better to leave and not come back until I have the P.R. decision?

Thanks in advance!

I hope you're not paying this consultant for their `help'!

Did you apply for PR sponsorship Inland or Outland? Since you are expecting a `decision' in 100+ days, it must be an Outland application...right?


First of all, you DO have status if you applied for Restoration of Status within 90 days of your previous status expiring...which it sounds like you did. You are now covered under `implied status' while CIC processes your restoration request. IF your restoration application is denied, you would THEN be out of status. Since CIC will undoubtedly know that you have applied for spousal sponsorship, the chances of being approved for restoration would be good, IMHO.

Inland applicants seem to have a certain level of protection from removal if they are out of status, but the same is not known for an Outland applicant in Canada.

 

[jel11]

Unfortunately, this is not true - even though you are eligible to stay in country during "restoration period", you are considered to be out-of-status. However, you are not breaking any laws by staying in Canada until the final decision on your restoration request is made. If the decision is negative they will demand you leave the country within 30 days. If it is positive, you have restored your status and went from out-of-status to "with status" category.

More importantly, which spousal application did you file? Inland or overseas?

 

[Ponga]

Unfortunately, this is not true - even though you are eligible to stay in country during "restoration period", you are considered to be out-of-status. However, you are not breaking any laws by staying in Canada until the final decision on your restoration request is made. If the decision is negative they will demand you leave the country within 30 days. If it is positive, you have restored your status and went from out-of-status to "with status" category.

More importantly, which spousal application did you file? Inland or overseas?

Actually...it IS true.

 

[screech339]

Actually...it IS true.

Actually jel11 is correct. Applying for restoration of status does not give "implied status" to the applicant. Technically the applicant is "out of status" until a decision is made. No "implied status" given.

Continue to work or study

Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[Ponga]

Thanks Screech339. My apologies to Jel11.

 

[chris1302]

quick question here, what is the cut off to apply for the restoration visa? is it 3 months from the date the actual visitor visa expired? or from the date of when you receive refusal from cic?
The reason why I am asking is because my husbands vistor visa (6 month visitor visa when he entered canadae) expired Dec 17, 2015. We sent an extension for visa by mail November 15, 2015. we have still not heard back from cic regarding the extension. So now he have one month exactly to apply for the restoration visa (if he does get refusal). So now I am freakin out and don't know what to do, we don't want him to be out of status whatsoever.does anyone have any advice?
I should also mention the we did apply for inland sponsorship Jan 10, 2015 becuase we did not want to wait any longer.

 

[screech339]

quick question here, what is the cut off to apply for the restoration visa? is it 3 months from the date the actual visitor visa expired? or from the date of when you receive refusal from cic?
The reason why I am asking is because my husbands vistor visa (6 month visitor visa when he entered canadae) expired Dec 17, 2015. We sent an extension for visa by mail November 15, 2015. we have still not heard back from cic regarding the extension. So now he have one month exactly to apply for the restoration visa (if he does get refusal). So now I am freakin out and don't know what to do, we don't want him to be out of status whatsoever.does anyone have any advice?
I should also mention the we did apply for inland sponsorship Jan 10, 2015 becuase we did not want to wait any longer.

Because you have sent in for an extension on your visitor status prior to the visa expiration, your husband would still have "implied status" until a decision has been made on the extension request. So no worries about freaking out. You got nothing to worry about. You did everything by the book by doing your responsibility in maintaining your status in Canada.

If, in the event, that the extension is denied (unlikely scenario), personally, I don't think there is any point in applying for status of restoration. It won't give your status back based on being denied an extension. Whatever the reason for the denial for an extension, will still be the same reason to deny your husband his restoration of status.

 

[chris1302]

i know, but I have heard from some people that they were refused (just like you were) so that's why I'm a bit worried. In the meantime we did apply inland, so I guess that would then give him implied status as well since we sent the OWP along with the app right?

 

[Ponga]

i know, but I have heard from some people that they were refused (just like you were) so that's why I'm a bit worried. In the meantime we did apply inland, so I guess that would then give him implied status as well since we sent the OWP along with the app right?

If his visitor visa extension is denied, he would no longer have implied status, because the Inland application and OWP were submitted AFTER his visa had already expired.

 

[chris1302]

If his visitor visa extension is denied, he would no longer have implied status, because the Inland application and OWP were submitted AFTER his visa had already expired.

So Ponga, do you have any advice for me then if it is denied? It should not be but I'm just paranoid, and tried of waiting.

 

[Ponga]

So Ponga, do you have any advice for me then if it is denied? It should not be but I'm just paranoid, and tried of waiting.

One option would be to do nothing.

Apparently those without status (with an Inland application submitted) are generally NOT removed from Canada, but I suppose it's never a guarantee.

 

[chris1302]

this is so frustrating. I think i'm just over reacting b/c there is no need for denial. I'm a canadian by birth, i work, we have been together for 10 yrs, but you hear so many horror stories here were cic messes things up and then the applicant gets screwed in the end.
;D ;D ;D

 

[tofuboi]

It is 3 months from the day they deemed you are expired, not necessary the expiry date on the visa record.

My GF's permit expired Sept 30th, we re-applied extension Sept 29th. We heard back in November, and the letter was a denial. The letter also stated you may reapply restoration from the Oct 30th date. That would mean I have to apply a restoration by Jan 30th. We re-applied on Jan 20th. Waiting for result now. The reason we used initially was she wanted to stay pending the outland PR application, but because we did not submit it yet, the CIC staff could not see an application and denied the application. The letter in the application was not a removal order, and it implied that we should re-apply restoration within 3 months (i guess he gave us some extra time for the PR application to be in the system) We sent the PR outland application in November, so it would be in the system in January according to the processing time We have seen a straight removal letter before, so when we got this, it seemed like the agent had some simpathy and was hinting we try again. so....good luck

 

[chris1302]

It is 3 months from the day they deemed you are expired, not necessary the expiry date on the visa record.

My GF's permit expired Sept 30th, we re-applied extension Sept 29th. We heard back in November, and the letter was a denial. The letter also stated you may reapply restoration from the Oct 30th date. That would mean I have to apply a restoration by Jan 30th. We re-applied on Jan 20th. Waiting for result now. The reason we used initially was she wanted to stay pending the outland PR application, but because we did not submit it yet, the CIC staff could not see an application and denied the application. The letter in the application was not a removal order, and it implied that we should re-apply restoration within 3 months (i guess he gave us some extra time for the PR application to be in the system) We sent the PR outland application in November, so it would be in the system in January according to the processing time We have seen a straight removal letter before, so when we got this, it seemed like the agent had some simpathy and was hinting we try again. so....good luck

oh well that makes sense no. I found that weird that the restoration visa was 3 months from the dae in your visa, but it takes cic longer to approve or refuse the first visa extension.
Anyways I think we should be fine since we sent the inland app in, so they will most likely see that and he should then get his extension no problem.


Thanks