Can I argue my status?

[doubledee86]

Hello. I have received an email that has told me this, " An application for restoration must be made within 90 days after loss of temporary resident status." and have refused me saying I must leave Canada immediately. I have made the application before 90 days were up and even called the CIC and asked literally right before putting it in the mail. They assured me that I still had time. Is there a way I can argue this? I kinda don't have anywhere to go back to?

Also how soon is immediately? I have to prepare for departure and book transportation.

One more thing how long in America do I have to stay before coming back up and starting this whole visitors visa thing all over again? Me and my husband are working very hard on the paper work and just need more time.

 

[scylla]

You need to provide your complete history in Canada in order for us to answer your question. When did you enter Canada? What specific date? How did you enter Canada (visitor, worker, student)? How long was your visit or visa valid for? Did you apply for any extensions? If so, when and what was the outcome? When did you apply for restoration?

CIC generally doesn't make errors when it comes to the 90 day restoration period and if you missed the 90 day window, there's nothing you can do. However the CIC call centre is pretty useless and doesn't always answer questions correctly for more complicated questions. So entirely possible they misunderstood your question or gave you a wrong answer.

There's no black and white answer regarding how long you have to be in the US before returning to Canada. Whether you are allowed into Canada and for how long is entirely up to the CBSA officer you encounter at the border.

 

[scylla]

Oh - to answer your departure question - you should leave within 30 days of receiving the letter.

 

[doubledee86]

You need to provide your complete history in Canada in order for us to answer your question. When did you enter Canada? What specific date? How did you enter Canada (visitor, worker, student)? How long was your visit or visa valid for? Did you apply for any extensions? If so, when and what was the outcome? When did you apply for restoration?

CIC generally doesn't make errors when it comes to the 90 day restoration period and if you missed the 90 day window, there's nothing you can do. However the CIC call centre is pretty useless and doesn't always answer questions correctly for more complicated questions. So entirely possible they misunderstood your question or gave you a wrong answer.

There's no black and white answer regarding how long you have to be in the US before returning to Canada. Whether you are allowed into Canada and for how long is entirely up to the CBSA officer you encounter at the border.

I came to Canada a few years ago as a visitor. Me and my husband got married and decided we'd try for permanent residency since I was already in the country. I applied for extensions because the paperwork for the permanent residency was really hard to gather and usually got them fine, I was being taken care of, and housed by my husband and his family. I was denied for a extension and since I was waiting on it to be physically mailed to me as they usually were, didn't check my CIC account. I found out rather late that I was denied an extension, and with days left on my 90 days for restoration of status I called the CIC asked them if I still had time and they told me I did, I sent the application and then I received an email telling me that I didn't send in the restoration of status paperwork in time so and therefore I was denied.

After reading your response it looks like I was wrongly informed by the call center. Is it even worth calling them again about this at this point?

 

[scylla]

If you missed the deadline for applying for restoration - there's nothing you can do at this point. The application to restore your status has to be physically received by CIC before the 90 days ends. So you have to factor in mailing times when you send restoration application.

 

[doubledee86]

If you missed the deadline for applying for restoration - there's nothing you can do at this point. The application to restore your status has to be physically received by CIC before the 90 days ends. So you have to factor in mailing times when you send restoration application.

Okay thanks. The person at the call center told me it was dated by when I sent it in the mail but they arent very helpful. Thank you again.

 

[scylla]

Okay thanks. The person at the call center told me it was dated by when I sent it in the mail but they arent very helpful. Thank you again.

You were given wrong information. It's always the date the application is actually received by CIC. So unfortunately it does sound like you missed the cut off for applying for restoration.