ASKED TO LEAVE CANADA IMMEDIATELY - ITA RECEIVED - WHAT TO DO?

[barisbc]

Hi everyone,

My work permit in Canada expired at the end of August 2016. Before my work permit expired, I registered for a beginner's French program of 3 months duration and applied for a temporary resident visa.

I received a refusal notice from CIC for the TRV on September 15th, 2016.

I then applied to restore my status and for a study permit as I was accepted to a university program starting in January 2017.

Today I received a notice from CIC letting me know that my application to restore my status was rejected as I waited more than 90 days to apply.

According to the link below, applicants have 90 days from the expiry of their status, including implied status, to apply for restoration of status. Since I was under implied status until September 15th, 2016, I should have had until December 15, 2016 to apply for the restoration.

I also received an ITA today. Can I remain in Canada and apply for PR? Is it possible to remain in the country and apply for inland sponsorship?

Thanks,

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[kryt0n]

Your permit was a work one which expired in August. You applied for a temp resident permit which was denied and they give you a standard letter which states you have 90 days to restore your last status, which was worker. So when you applied in that restoration period, it had expired.

My boyfriend got a delayed response on a dormant visa a year after we had left Canada stating he had 90 days, from a year before.

 

[barisbc]

Hi Kryt0n, thanks for your reply.

If you check out the link below, it is specified that an individual on a work permit can apply to restore their status as a student.

Possible restoration scenarios

A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.
A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[kryt0n]

Hi Kryt0n, thanks for your reply.

If you check out the link below, it is specified that an individual on a work permit can apply to restore their status as a student.

Possible restoration scenarios

A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.
A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

Ok, so without all the wording:
Work visa expired 31st August 2016
Applied temp Res permit ??
Temp Res permit denied 15th September 2016
Applied study permit 3rd Dec.

You didn't apply for a study permit while on a work permit "in status". You applied for a new status (student, not worker) while on restoration when you were "out of status". You never had a status as a temporary resident as it was denied. In the restoration period you could have only applied for a work permit.

 

[scylla]

It's not entirely clear what you applied for. Did you apply for a TRV? Or did you apply to change the conditions of your stay in Canada? If you applied for the wrong thing, it's possible you never had implied status and after August 31st.

You should leave within 30 days of receiving instructions to leave Canada. Otherwise the departure order turns into a deportation order - which will then require an ARC (additional paperwork and processing time to allow you to return to Canada that will complicate the PR process).

 

[barisbc]

I applied for a TRV in August before my work permit expired, and the TRV was rejected on September 15th, 2016.

Then I applied to restore my status as a student on December 3rd, 2016.

Can I remain in Canada to apply for PR or for inland sponsorship or go to my home country and apply for the PR from there?

Thanks for the messages guys

 

[popoxee]

You could have applied for a visitors visa and stayed for another 6 months (no work allowed), but now that you receive the request to leave canada you have to do it unfortunately.

Delegate your PR application to a local lawyer immediately and leave the country.

 

[Alexios07]

You could have applied for a visitors visa and stayed for another 6 months (no work allowed), but now that you receive the request to leave canada you have to do it unfortunately.

Delegate your PR application to a local lawyer immediately and leave the country.

Why does he need to delegate his PR app to a lawyer?

 

[popoxee]

Why does he need to delegate his PR app to a lawyer?

You don't have to but its more convenient

 

[Batman_is_Real]

You don't have to but its more convenient

not really hard to find trustworthy lawyer, and seeing his conditions most will try to fork out as much money as possible.

 

[barisbc]

I condensed the post a bit, easier to read now.