Expired Visitor Visa / No status

[fahadzaman]

Help and guidance would be highly appreciated.

I came to Canada with a closed work permit. I recently received my new work permit with an extension.

My wife and kids came as dependents (temporary visitors). We had applied for a visitor record but unfortunately we were late by 2 days to submit ( we didn't know about the 90 days rule). It got refused and their visa had expired.

The IRCC agent I spoke to said that I can I can use my approved work permit and do flagpoling to restore their status. I believe without a valid TRV they won't be allowed to re-enter.

I have a few questions:
1. As their Visa (counter) foil has expired, would it be possible to restore status for my family?

2. Do you or anyone you know face something similar?

Any advice or suggestion would been helpful. Thank you.

Note: I have Provincial Nomination Certificate to apply through non-express entry PNP.

 

[canuck78]

Help and guidance would be highly appreciated.

I came to Canada with a closed work permit. I recently received my new work permit with an extension.

My wife and kids came as dependents (temporary visitors). We had applied for a visitor record but unfortunately we were late by 2 days to submit ( we didn't know about the 90 days rule). It got refused and their visa had expired.

The IRCC agent I spoke to said that I can I can use my approved work permit and do flagpoling to restore their status. I believe without a valid TRV they won't be allowed to re-enter.

I have a few questions:
1. As their Visa (counter) foil has expired, would it be possible to restore status for my family?

2. Do you or anyone you know face something similar?

Any advice or suggestion would been helpful. Thank you.

Note: I have Provincial Nomination Certificate to apply through non-express entry PNP.

When did your family lose status? If it has been 90 days the only option will be to leave Canada and likely need to secure OWP and study permits (if 4 or older) or wait until they have COPR before they attempt to return. Being in Canada without status will become more difficult because things like access to healthcare and studying could be affected or you may have to pay out of pocket. They can try to return as visitors but there is a good chance they will be denied due to overstay so you will have to consider whether you want to attempt to return as visitors if they have valid TRVs. How long have they been in Canada without status?

 

[fahadzaman]

When did your family lose status? If it has been 90 days the only option will be to leave Canada and likely need to secure OWP and study permits (if 4 or older) or wait until they have COPR before they attempt to return. Being in Canada without status will become more difficult because things like access to healthcare and studying could be affected or you may have to pay out of pocket. They can try to return as visitors but there is a good chance they will be denied due to overstay so you will have to consider whether you want to attempt to return as visitors if they have valid TRVs. How long have they been in Canada without status?

- Original status expired : 18th June 2023 (Stamp they received when they entered Canada)
- Counterfoil expired: 12th December 2023
- Submitted Visitor Record: 22nd September 2023
- Date of Refusal: 9th Feb 2024
- It's been around 11 Days.

 

[canuck78]

- Original status expired : 18th June 2023 (Stamp they received when they entered Canada)
- Counterfoil expired: 12th December 2023
- Submitted Visitor Record: 22nd September 2023
- Date of Refusal: 9th Feb 2024
- It's been around 11 Days.

I’m confused. If their status expired in June 2023 how did they qualify to extension in June 2023? What happened between June and September? Did they get approved for a visitor record and if approved on September 22nd for 6 months it should have been valid on Feb 9th.