So basically I was stupid and I ended up applied the restoration of study permit AGAIN, after I received once years years ago (I was completely forgot about it).
I applied for the inland common law application with OPW before my previous student visa was expired (when the application arrived at the CPC after my visa expiry date due to infrastructure of delivery system at that time even though I sent it as priority).
I recently received the temporary file number but I cannot link to my account with that number.
The problem is that I received the refusal letter of restoration student visa, and it said I must leave if the document is expired.
I just came back in Canada to reunite with my common law partner and we stayed together few months.
Now my partner is really frustrating that we cannot live together again with no promised return date.
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I found some points from public policy under section "iii. New and Pending Spouse or Common-law Partner in Canada class applications".
For applicants out of status, if the only issue preventing acceptance of the case is the applicant’s lack of status:
Case 3
Pending FC1/FCC case (out of status)
Action
Based on this, I understand that I am a 'lack of status' under this circumstance.
Do you think that I can stay illegally in Canada for a bit until I receive any response regarding the common law eligibility?
Or do you think it is too risky to stay here?
My big questions are
1 ) The refusal of restoration student visa (I think due to twice applied for restoration - but the reason in letter were four include inadmissibility) can be affect to PR application?
2 ) Is there that I can appeal that I mistakenly applied twice with no intention for restoration?
3 ) Applying twice for restoration can be BIG RED FLAG?
4 ) Do you think that if I wait until the paper that shows I have to LEAVE Canada within certain period, it will affect to my reputation in IRCC file? (ex. raise a flag)
5 ) How long it usually takes to get the paper for kick out (order to leave) or CBSA agent comes to me?
Any help would be really appreciated!!!!
THANK YOU IN ADVANCE
I applied for the inland common law application with OPW before my previous student visa was expired (when the application arrived at the CPC after my visa expiry date due to infrastructure of delivery system at that time even though I sent it as priority).
I recently received the temporary file number but I cannot link to my account with that number.
The problem is that I received the refusal letter of restoration student visa, and it said I must leave if the document is expired.
I just came back in Canada to reunite with my common law partner and we stayed together few months.
Now my partner is really frustrating that we cannot live together again with no promised return date.
------------------------------
I found some points from public policy under section "iii. New and Pending Spouse or Common-law Partner in Canada class applications".
For applicants out of status, if the only issue preventing acceptance of the case is the applicant’s lack of status:
- If the applicant meets all other requirements of the Spouse or Common-law Partner in Canada class, their requirements for status and the inadmissibility related to the lack of status is waived by this public policy under A25.
- If these applicants are refused for not meeting the requirements of the Spouse or Common-law Partner in Canada class, they are not entitled to a reassessment on H&C grounds, but may reapply for H&C consideration.
Case 3
Pending FC1/FCC case (out of status)
Action
- Assess using normal procedures in IP2 and IP8.
- If the applicant meets all other requirements of the Spouse or Common-law Partner in Canada class, their requirements for status and the inadmissibility related to the lack of status will be waived by the public policy under A25. (FCH)
- If the applicant does not meet the other requirements of the Spouse or Common-law Partner in Canada class, refuse the application. These applicants are not entitled to a reassessment on H&C grounds, but may reapply for H&C consideration.
Based on this, I understand that I am a 'lack of status' under this circumstance.
Do you think that I can stay illegally in Canada for a bit until I receive any response regarding the common law eligibility?
Or do you think it is too risky to stay here?
My big questions are
1 ) The refusal of restoration student visa (I think due to twice applied for restoration - but the reason in letter were four include inadmissibility) can be affect to PR application?
2 ) Is there that I can appeal that I mistakenly applied twice with no intention for restoration?
3 ) Applying twice for restoration can be BIG RED FLAG?
4 ) Do you think that if I wait until the paper that shows I have to LEAVE Canada within certain period, it will affect to my reputation in IRCC file? (ex. raise a flag)
5 ) How long it usually takes to get the paper for kick out (order to leave) or CBSA agent comes to me?
Any help would be really appreciated!!!!
THANK YOU IN ADVANCE