Visitor record refusal

[SharanThind]

Hi everyone
I hope someone can help me out I had applied visitor record permit in 2019 visitor record refused in Jan 2020 ,but it didn’t say I have 90 days to leave Canada, but it’s says (you are person without temporary status who’s not eligible under restoration act 182 immigration of Canada and refugee protection regulations.)
Then in August 2020 I have applied in express entry pool with Canadian experience class and valid documentation with 452 points, now I got invitation to apply PR in Canada but I am afraid if I apply further they can refuse my PR because I didn’t have any status in Canada
During Jan 2020 to Feb 2021 when I got ITA, but during this time I didn’t work in Canada .And I stayed in Canada because of COVID-19.Pls help me out with this question does it gonna effect my application for PR in future. I am very worried now, can’t go back home because of family commitments, even couldn’t tell my family because they have lots of expectations from me.
Pls help me.

 

[canuck78]

Once you no longer have status you are expected to leave. You have been in Canada without status for over a year. When exactly did you lose your status in Canada?

Without status you can't apply for PR from within Canada. How have you been supporting yourself in Canada?

 

[SharanThind]

In Jan 2020, but after that Pandemic started so I didn’t work and update my profile in express entry within 90 days.I thought I am safe but now I got invitation what should I do?Thanks

 

[scylla]

In Jan 2020, but after that Pandemic started so I didn’t work and update my profile in express entry within 90 days.I thought I am safe but now I got invitation what should I do?Thanks

To the best of my knowledge you need to leave Canada and submit your application from outside of Canada. I don't believe it's possible to apply from within Canada without status.

 

[SharanThind]

Thanks for replying back , I will

 

[canuck78]

In Jan 2020, but after that Pandemic started so I didn’t work and update my profile in express entry within 90 days.I thought I am safe but now I got invitation what should I do?Thanks

Any possibility it was Jan 30th?

 

[SharanThind]

Jan 28 ,2020

 

[scylla]

Any possibility it was Jan 30th?

Even if it was, I don't think this helps the OP. They would still need to apply to restore their status and I don't think they have sufficient runway to get this done before the application has to be submitted.

IMO - I would play it safe. Leave Canada and apply from outside of Canada.

 

[SharanThind]

But my main concern was it doesn’t say on letter I have to leave immediately in 90 days.That’s why I am staying here

 

[k.h.p.]

But my main concern was it doesn’t say on letter I have to leave immediately in 90 days.That’s why I am staying here

That's a really unfortunate interpretation. The letter told you that you had no status. And you assumed that no status = ability to stay in Canada?

You are actually quite lucky that CBSA is not knocking on your door. These letters generally say "you must leave Canada" and don't give you a time frame because it's supposed to be immediate.

 

[canuck78]

Even if it was, I don't think this helps the OP. They would still need to apply to restore their status and I don't think they have sufficient runway to get this done before the application has to be submitted.

IMO - I would play it safe. Leave Canada and apply from outside of Canada.

True but given that she has not told her family about her status she could technically withdraw her application, try to restore if she lost status Jan 30th and reapply for EE. Would be much easier to leave and apply for PR. It would also be less expensive if she isn't actually working in Canada since remaining unemployed for 1 year without funds must be very difficult.

 

[k.h.p.]

In fact the standard form of the letter you received typically says in bold red text after the sentence you quoted:

"You must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

 

[canuck78]

That's a really unfortunate interpretation. The letter told you that you had no status. And you assumed that no status = ability to stay in Canada?

You are actually quite lucky that CBSA is not knocking on your door. These letters generally say "you must leave Canada" and don't give you a time frame because it's supposed to be immediate.

Canada rarely knocks on people's doors unless you commit a crime.

 

[k.h.p.]

Canada rarely knocks on people's doors unless you commit a crime.

Yeah, this is true, but it's still an amazingly impressive interpretation to ignore the standard form letter's next sentence that tells refused visitor record applicants to leave Canada immediately.

 

[SharanThind]

In fact the standard form of the letter you received typically says in bold red text after the sentence you quoted:

"You must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

No it wasn’t saying in my letter