what happens if you loose status abroad while waiting for visa

[Serenta]

Has anyone encountered the following situation:

LIC applies for Ca visa and work permit in a country where she is legally admitted, many months before her status there would expire. Then the Ca consulate keeps asking for all sorts of documents and proofs that are not related to her skills or her eligibility in the program (probably to see if she has valid reasons to be in the country where she is; she is studiying there). while it takes an eternity to process because they keep wasting her time with this back and forth, her status is about to expire, she applies to renew status but the procedure of that country is a bit long. this application for status renewal is still pending.

now for the Ca consulate, everything is almost done, including medical, and the Ca consulate asks for the passport with a proof of renewed status in that country.

Is it possible to be refused Ca visa because her status in that country was not renewed or because it takes too long for that government to renew her visa? in case her application to renew status in that country is rejected, could CA reject her for that? i mean, she had legal status when she applied for Ca visa and did her best to maintain it all through the process.
thank you!

 

[SenoritaBella]

As long as she applied to renew her status before it expired, she will have what is called "implied status" until they make a decision on her renewal application and she has to remain in Canada to maintain the status. If she leaves before the decision is made, she will lose "implied status" and will not be allowed into the country unless she has received the renewed document or proof that it has been approved.

To show proof of renewed status, a copy of the fee receipt, medicals receipt(if applicable) and date she submitted the application to renew status, a letter explaining when she applied and that she has 'implied status' until a decision is made should be sufficient. The visa officer should be able to verify this.

As long as she was lawfully admitted to Canada for at least 1 year and has not breached any conditions of her stay(i.e. worked/studied without authorization, etc), it should not have a negative effect on the LIC application. Even if the application to renew status is refused, she still has 90 days to apply for restoration of status if she has new information that will bolster her case. e.g. LMO(for work permit), has not finished her program of study(for study permit), etc.

 

[Serenta]

Re: what happens if you lose status abroad while waiting for visa

Thank you for this information but the person is abroad, in another country, where she is studying. She applied there for a work permit for Canada and she had to renew her status in that country. So the question is about what happens if you are not renewed status in the country where you are (to continue studying there): will canada refuse to give you a visa just because the country where you are did not renew your status or it takes too long to do it?
thank you!

 

[SenoritaBella]

I do not know the answer to that...sorry.