Expecting PR application return - How do I remain in Canada?

[akinni]

Hello all,

IRCC received my common-law sponsorship application on September 11th. A few days later I realized I got caught out by the Schedule A electronic signature part, forgetting to sign handwritten as well as electronically.

My current IEC visa expires on November 19th. In an ideal world, if my application is returned it will be 2/3 weeks before my visa expires...in that case..no issues! (I spoke to a CIC agent and they said they were opening applications 6 weeks behind)

However, worst case scenario it is returned to me after my visa expires and I lose my status as well as the ability to reapply within Canada.

What are my options in terms of staying within Canada? I've read a few things about visitor visas etc but i'm not totally clear. I accept that if i find a way to extend my stay as a visitor I will have lost my right to work, and will have to wait a few months for the OWP. But is there a way to legally stay in Canada so that i can still apply from within?

Thanks in advance.

 

[scylla]

Hello all,

IRCC received my common-law sponsorship application on September 11th. A few days later I realized I got caught out by the Schedule A electronic signature part, forgetting to sign handwritten as well as electronically.

My current IEC visa expires on November 19th. In an ideal world, if my application is returned it will be 2/3 weeks before my visa expires...in that case..no issues! (I spoke to a CIC agent and they said they were opening applications 6 weeks behind)

However, worst case scenario it is returned to me after my visa expires and I lose my status as well as the ability to reapply within Canada.

What are my options in terms of staying within Canada? I've read a few things about visitor visas etc but i'm not totally clear. I accept that if i find a way to extend my stay as a visitor I will have lost my right to work, and will have to wait a few months for the OWP. But is there a way to legally stay in Canada so that i can still apply from within?

Thanks in advance.

You would apply to change your status to visitor before your IEC expires.

 

[akinni]

You would apply to change your status to visitor before your IEC expires.

Hi Scylla, thanks for responding. Ok, so that is an option then. Is that something I can do within Canada without any issues? And does that also still allow me to reapply for my PR + OWP on a visitor visa?

 

[canuck_in_uk]

Hi Scylla, thanks for responding. Ok, so that is an option then. Is that something I can do within Canada without any issues? And does that also still allow me to reapply for my PR + OWP on a visitor visa?

Yes to both questions.

 

[akinni]

Yes to both questions.

Appreciate it. I have one last question if you don't mind. If I apply for a visitor visa, and it is still being processed if and when my PR application is returned, is it possible to resubmit my PR + OWP and then cancel my visitor application....resuming implied status on my IEC?

Appreciate this ones a bit technical.

Thanks

 

[canuck_in_uk]

Appreciate it. I have one last question if you don't mind. If I apply for a visitor visa, and it is still being processed if and when my PR application is returned, is it possible to resubmit my PR + OWP and then cancel my visitor application....resuming implied status on my IEC?

Appreciate this ones a bit technical.

Thanks

If you reapply for PR/OWP while on Implied Status, no. You do not get any status from an app submitted while on Implied Status. Otherwise, people could just continually apply and withdraw apps to remain in Canada on Implied Status. You would put yourself out of status.

If you reapply for PR/OWP before your current status expires, yes, you could withdraw the visitor extension. However, if your PR and/or OWP app is returned again, you would be out of status, so best to just leave the visitor extension submitted.

 

[akinni]

If you reapply for PR/OWP while on Implied Status, no. You do not get any status from an app submitted while on Implied Status. Otherwise, people could just continually apply and withdraw apps to remain in Canada on Implied Status. You would put yourself out of status.

If you reapply for PR/OWP before your current status expires, yes, you could withdraw the visitor extension. However, if your PR and/or OWP app is returned again, you would be out of status, so best to just leave the visitor extension submitted.

Yeah makes sense.

As I said in original post, I would like to think if it gets returned it won’t take longer than 6/7 weeks. Especially as I had 10 weeks left on my IEC from when they received it. But I’m not taking my chances without a plan B.

Thanks again.