Visa extension refused , sent in a restoration application . So stressed

[Esodarkelf2021]

Hi maybe someone can help me . I am extremely stressed . I have maintained a legal status in Canada for a few years due to various family reasons (i have children , sister was goi g through rough divorce etc ) and my most recent visitor extension was refused. I know its because i have been here too long but before it was refused my Wife and I applied for my sponsorship (she's Canadian ) im american.My Stupid mistake is that i didnt mention that ee were in the process of sponsoring on my visa extension as i assumed they would know this.


So case and point is i applied for a restoration within 90 days of receivi g the refusal notice this time i.mentioned that we were applying for sponsorship and that my wife just gave birth to our second child


Im just so stressed i dont know what to do if the restoration is refused , or what my options are. Please any advice or knowledge would be useful

 

[scylla]

How did you apply for PR? Inland? Outland? If inland, did you include an OWP with the application?

 

[canuck_in_uk]

Hi maybe someone can help me . I am extremely stressed . I have maintained a legal status in Canada for a few years due to various family reasons (i have children , sister was goi g through rough divorce etc ) and my most recent visitor extension was refused. I know its because i have been here too long but before it was refused my Wife and I applied for my sponsorship (she's Canadian ) im american.My Stupid mistake is that i didnt mention that ee were in the process of sponsoring on my visa extension as i assumed they would know this.


So case and point is i applied for a restoration within 90 days of receivi g the refusal notice this time i.mentioned that we were applying for sponsorship and that my wife just gave birth to our second child


Im just so stressed i dont know what to do if the restoration is refused , or what my options are. Please any advice or knowledge would be useful

At the moment, your only option is to wait. If the Restoration request is refused, you will be told to leave Canada. You can do that or you can do what many do and choose to stay in Canada illegally. Note that if you choose the latter, you could be removed from Canada at any time, even with a PR app processing.

 

[canuck_in_uk]

How did you apply for PR? Inland? Outland? If inland, did you include an OWP with the application?

Inland with OWP but apparently submitted while already on Implied Status from the visitor extension app, so no Implied Status from the OWP.

 

[Esodarkelf2021]

My wife and i are extremely stressed she has anxiety and depression issues and can not manage with our newborn and 2 year old daughter on her own Please any advice or tips would be a

How did you apply for PR? Inland? Outland? If inland, did you include an OWP with the application?

Inland, i did but we paid the wrong fee by mistake and there was no point in paying now because an owp will not be granted if you are out of status

 

[Esodarkelf2021]

At the moment, your only option is to wait. If the Restoration request is refused, you will be told to leave Canada. You can do that or you can do what many do and choose to stay in Canada illegally. Note that if you choose the latter, you could be removed from Canada at any time, even with a PR app processing.

I know that if it is refused i can be removed at anytime thats why i am stressed we just had our newborn (2nd child) and my wife already suffers from depression/anxiety which she takes meds for . If by chance i was forced to leace after a refusal would there be any chance no matter how slim of appealing the deportation on some humanitarian /compassionate grounda. Would there be any trial.or chance for me to explain myself

 

[scylla]

I agree with canuck_in_uk. There's really nothing you can do but wait and hope the restoration application is approved. I would not recommend leaving Canada to correct your status since you may be refused re-entry. It's too bad it took so long to submit an application - but what's done is done.

Also - not sure why you are holding off paying the full fees for your application. That doesn't make sense and you should pay what's missing asap. If restoration is approved, then it's quite possible the OWP will be granted before AIP. So again, not sure why you would hold off paying the full fees - this isn't the right decision.

If restoration is refused and you are ordered to leave Canada, this doesn't mean they will move to deport you immediately.

 

[Esodarkelf2021]

I agree with canuck_in_uk. There's really nothing you can do but wait and hope the restoration application is approved. I would not recommend leaving Canada to correct your status since you may be refused re-entry. It's too bad it took so long to submit an application - but what's done is done.

Also - not sure why you are holding off paying the full fees for your application. That doesn't make sense and you should pay what's missing asap. If restoration is approved, then it's quite possible the OWP will be granted before AIP. So again, not sure why you would hold off paying the full fees - this isn't the right decision.

If restoration is refused and you are ordered to leave Canada, this doesn't mean they will move to deport you immediately.

I was told by my authorized representative that i have to be in status to be approved for open work permit and as they already sent a letter saying insufficient funds were paid for the owp that it was too late. He basically told me have to wait till restoration is approved or until i get pr.

Second we have already received sponsorship approval letters and a letter saying i am eligible to be sponsored etc isn that aip. The most recent progress on my application for pr was the request for schedule 1 a and police clearance certificates which we promptly submitted . As i said my concern is just getting refused my restoration etc before all this pr stuff is said and done.

 

[scylla]

I was told by my authorized representative that i have to be in status to be approved for open work permit and as they already sent a letter saying insufficient funds were paid for the owp that it was too late. He basically told me have to wait till restoration is approved or until i get pr.

Second we have already received sponsorship approval letters and a letter saying i am eligible to be sponsored etc isn that aip. The most recent progress on my application for pr was the request for schedule 1 a and police clearance certificates which we promptly submitted . As i said my concern is just getting refused my restoration etc before all this pr stuff is said and done.

Your authorized representative is an idiot and you should fire him. You have to be in status to be approved for the OWP as part of the pilot (the pilot grants an OWP 2-4 months after a complete application is received). However even if you are out of status, the OWP will most likely be approved once you have AIP. You don't have to wait until you are a PR.

 

[scylla]

Did your representative help you to submit the inland sponsorship application as well?

 

[Esodarkelf2021]

Did your representative help you to submit the inland sponsorship application as well?

I did it on my own as it was pretty straight forward , im confused so does that mean evenn though technically i am out of status i should apply for an owp ?

 

[Calilove]

You said you've stayed in Canada for a few years... Did you just keep on applying for an extension of your visitor visa and never left Canada in that few years?

 

[Esodarkelf2021]

You said you've stayed in Canada for a few years... Did you just keep on applying for an extension of your visitor visa and never left Canada in that few years?

Yes ive maintained a legal status for a few years giving valid reasons for requesting extension such as birth of children from my ex , sister going through divorce etc