URGENT HELP! Restoration and work permit refused, what next?

[Leon]

It certainly seems that way, maybe because your extension had been refused and you had been ordered to leave Canada before you applied.  I really think you should talk to a lawyer.

[Staceybru]

It certainly seems that way, maybe because your extension had been refused and you had been ordered to leave Canada before you applied.  I really think you should talk to a lawyer.

[/b]
HI LEON:

You know what, I have an appointment to speak to a lawyer tommorrow...  THIS is playing circles in our heads and as everyone on this forum seems to say, it is hard to think straight when so much is going on and their are no straight answers.

My biggest concern is that I have to go back to the USA, spend time away from my amazing c/l partner and her daughter, then end up re-applying for a sponsorship outside of Canada and then waiting 1-2 more years to get back and start a life in Canada and get a job there...  I am also fearful that if I leave Canada, what time frame do I have to come back to see them, no one can tell me that..... Once I get to the POE, will they detain me there???  It is scary..

[Leon]

An outland application through the US takes average 8 months.  It is possible that you will be turned away from Canada if you try to visit too soon based on your overstay this time.  Could your common law partner come visit you in the US?

[Staceybru]

 Could your common law partner come visit you in the US

Hi Leon:

My common law partner perhaps could come once, but money is a huge issue as she has spent so much already.... She also has a daughter and that could be hard because the daughter also wants to see me and this is killing all of us.... I really look forward to speaking with the immigration lawyer tomorrow..  I just can't believe they would not accept simply doing a restoration on my status having seen that the whole sponsorship application was also included and that proves genuine intent of our relationship...

I just want to live with them and stay in Canada and get a job and start a life........That's it!

[job_seeker]

Hi MATTHEWC:
What I am not getting a clear message about in this whole matter is this:

If they won't give me restoration of my status nor a work permit, then why would they even look at my permanent resident application at all???  They tell me in that letter that I will be getting a refund of $550 which is what the common law sponsorship application costed, I therefore am to assume they simply want nothing to do with me.. THEY have no idea how sick this has made us, how much time, money and energy has already been spent on trying to do the right thing the right way and the end result is "LEAVE CANADA IMMEDIATELY".

In the way I am interpreting all of this stuff, it does appear that they will NOT be processing the P.R. application whatsoever because I HAVE NO LEGAL STATUS here in Canada anymore.....

DO YOU AGREE?  

If your partner is applying under common law partnership, you can be out of status and still do the inland sponsorship.  

http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf Section 5.27 page 21. What you can do now is send a new inland sponsorship package without the restoration of status and send in application for OWP after AIP.

[matthewc]

No, I don't agree. The refusal of the status restoration and owp should have had no effect on processing the PR application. They should process the PR application. Call the call centre and find out for sure what the status of the PR application is, and if they are not processing it, you should make it clear that they should be, and you want them to.

(Unless of course, you plan to leave Canada, but you have every right to have the PR application processed out of status.)

[Staceybru]

Hello again MATTHEWC:

I most definitely want to stay in Canada; however, it confuses me re: the letter we just received on April 9th stating that I have to leave the country immediately or enforcement action will be taken.  That will really screw things up for me if someone comes knocking at my door asking me why I did not obey the letter....  I also wonder if they will in fact do the P.R. application once they realize I am out of status??   What about the chances of me getting an OPW?? I realize I can file another one while I confirm there is an AIP, right???   I will call the call centre back tomorrow and ask them if the P.R. is still going to be processed, because I must remind you, the letter told me I would be getting a refund on that......
I will also be speaking with a lawyer tomorrow (WEDNESDAY), wish me luck   

[matthewc]

They should process the PR application even if you're out of status. I suggest you read the link job_seeker posted above.

The text saying you have to leave or enforcement action may be taken means just that - they may take action. It doesn't mean they will, and having an inland PR application in process is one of the situations where they are very unlikely to.

Seeing a lawyer is probably a good idea, but I'd still suggest calling the call centre to find out for sure if they have - definitely - canceled the PR application.

As for the OWP, yes, they will still issue you one after AIP - that is also allowed for out of status inland applicants. You will likely have to submit a new OWP application though, as the first one has been refused.

[Champion D]

Hey stacybru sorry I cannot answer any of your questions as I am new to this forum but I do have a few questions for you......What did u state as your reason for your original visitor visa extension and did you apply inland or outland for the common law sponsorship?