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

tofuboi

Star Member
Apr 25, 2010
103
1
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
21-11-2014
AOR Received.
AOR1 21-03-2015 AOR2 16-04-2015
File Transfer...
30-03-2015
Med's Request
20-08-2015
Med's Done....
20-01-2014 2nd - 28-08-2015
Interview........
NIL
Passport Req..
09-10-2015
VISA ISSUED...
10-28-2015
LANDED..........
01-09-2016
FYI, CIC gave my GF the extension to stay in Canada until end of June even though she was denied the first time around(before applying to PR) We are so happy!
 

Judlu

Star Member
Oct 12, 2016
94
1
Hi everyone! I appreciate your recommendations regarding status restoration for my case:

I have applied for a work permit extension just to be on implied status (I knew my that post graduate work permit couldn't be prolonged but I needed time to work and apply for PR).
Shortly after that I got my ITA and applied for PR. By that time my WP was already expired but in spite of that fact I also applied for a bridging work permit (with attached explanation letter).
I expect that my PR application will be considered in September. But my WP extension and BOWP applications should be considered in June (I applied on papers). That's why I'm afraid of having a gap of 2-3 months being without a status in Canada.
Searching for a way to protect myself. 90 days period from my WP will end on June 8th. I count this term exactly from WP expiration date, because if my application for an extension will be considered as "incomplete" it seems I won't have a new date to count this 90 days.
I have an idea to apply for a status restoration but have several questions:

- Should I apply for a visitor or work status restoration?

- If I apply for a status restoration I should stop working immediately, it that correct?

- Can I proceed my job and just withdraw my status restoration application in case if I'm granted BOWP?

- If I don't apply for a status restoration and my WP and BOWP applications are declined what should I do?

Just looking for any possible ways to protect myself. Actually I was so unlucky to apply for a BOWP in time just because they moved a draw from 8 to 1st Match :((( And so many problems now because of it...

Thanks to anyone who can help and share relevant experience!
 
Jan 2, 2020
13
1
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
So say if a visitors extension was rejected and they apply for restoration to stay longer. They are out of status but still allowed to stay until they get the restoration rejection? Could they simply not apply to restore again and just keep doing this forever? Are there any repercussions since they don't need to work? As long as they have travel insurance i'm sure using this method they could simply stay forever.
 

scylla

VIP Member
Jun 8, 2010
93,151
20,641
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 say if a visitors extension was rejected and they apply for restoration to stay longer. They are out of status but still allowed to stay until they get the restoration rejection? Could they simply not apply to restore again and just keep doing this forever? Are there any repercussions since they don't need to work? As long as they have travel insurance i'm sure using this method they could simply stay forever.
As said in your other thread, no, they can't. Once restoration is refused, that's it - they would need to leave.