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AngieT

Newbie
Jul 26, 2010
5
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We had applied for an extension of my daughter-in-laws visitor visa as she had been here for longer than six months and it has been refused. They are asking us to apply for a Restoration of Status. We specifically told
them we would be sending out the PR application. We were about to do that tomorrow! I am completely lost
over this. My son who is Canadian by birth came back to Canada with his wife and new born baby who is now
9 months old. My son is working, they have rented an apartment and now they want her to go or re-apply
within 90 days. Should we re-apply and send together with the PR application? Why would they do that to her?
Is she supposed to leave without her baby and separate herself from her husband? Someone please advise. Thank you.
 
Angie, did you include any evidence that the permanent residence application would be submitted? A promise that you will submit isn't good enough, in most cases.

I submitted an extension of status for my wife, and at least included proof of payment of the sponsorship application and permanent residence application. Admittedly, I don't even know if this is sufficient. However, we did submit her application before her Implied Temporary status expired. It sounds like you did not.

When did her initial temporary status expire?
When did you submit the extension application?

I believe you can include the restoration of status application PLUS an open work permit application together with the Inland Permanent Residence Application. However, you need confirmation of this belief because technically your daughter-in-law's legal status in Canada has expired.
 
AngieT said:
We had applied for an extension of my daughter-in-laws visitor visa as she had been here for longer than six months and it has been refused. They are asking us to apply for a Restoration of Status. We specifically told
them we would be sending out the PR application. We were about to do that tomorrow! I am completely lost
over this. My son who is Canadian by birth came back to Canada with his wife and new born baby who is now
9 months old. My son is working, they have rented an apartment and now they want her to go or re-apply
within 90 days. Should we re-apply and send together with the PR application? Why would they do that to her?
Is she supposed to leave without her baby and separate herself from her husband? Someone please advise. Thank you.

It's just how the system works in all honesty :( IMHO and having gone through the immigration process while living in Canada as a refugee fighting for my life while attending university and trying to make the best of my life and opportunities in Canada, I have been made myself come to realize that the officials that work within the Immigration Department have no mercy or feelings for the lives of their applicants. I fought till the end but ended up losing (had to leave my university degree unfinished and packed my life of 8 years in 2 suitcases in less than 3 weeks) after spending thousands with lawyers and immigration consultants. There is nothing we can do to beat the system then just sit back and have the decisions CIC takes on our lives affect us for the better or worse.

I bet if you told them a child were involved they will pretty much say to you " It is the law and we have to do as the law states" Yet, they do more than what the law doesn't state and bend the rules for their own hook-ups. Unfair justice to the innocent but still better than the justice innocent souls try to seek in the underdeveloped, less fortunate world.

GOOD LUCK and hope they can bend some of those laws/rules for your in law and grand!
 
August 3rd was the expiration date and we sent it July 27th by Express post as I was told to do by CIC themselves. In their refusal letter they state that her termporary resident status expired on October 20th 2010. I don't understand that date. She is from Greece and does not require a visa to enter Canada.

We will send in the PR application together with the Restoration of status and hope that will do. It's unbelievable that you cannot speak to any one on the phone.

Years ago I myself married a non-resident and all the applications for him were done in person at the local CIC offices.

I was under the impression that when there is a child or children involved they would not separate the family, especially since my grandson is a Canadian because of his father being born Canadian. So according to the law he can stay but his mother has to go.

We only asked for an extension not a work permit as she is the sole full time caregiver to her son.

I have no idea if we should risk sending everything together as soon as possible.
 
AngieT said:
August 3rd was the expiration date and we sent it July 27th by Express post as I was told to do by CIC themselves. In their refusal letter they state that her termporary resident status expired on October 20th 2010. I don't understand that date. She is from Greece and does not require a visa to enter Canada. I have no idea if we should risk sending everything together as soon as possible.

Ok, this is unfortunate, but understandible, and fairly easy to fix. Unfortunately, it is going to cost you an extra $200.

It takes about 90 days to process a mailed extension of status application. Until the application is processed you are on implied status. This legally extends your status for about 90 days. October 20th is about 90 days from the day they received your application. Without proof of any kind that the permanent residence application would be submitted, they now doubt you will submit the PR application promptly. I don't really blame them; you can't reasonably extend temporary status without a good and proven reason.

The fix: DON'T JUST SUBMIT AN EXTENSION OF STATUS WITH YOUR PR APPLICATION!! She is now out of status. Technically, she CAN submit an inland application, but because she is out of status, an interview and long delays are likely. She might consider an out-land application, but will likely be called for an interview in her country of citizenship. I don't recommend this since it could seperate the family for a few months after the interview.

Include open work permit application with the in-land application. Submit it in a seperate envelope specifying that you want it processed AFTER Acceptance in Principle. File a seperate Restoration of Status application showing proof that you have submitted the PR application. Show proof of payment. By doing this she will be in good status when they process her PR application.

You have 90 days from October 20th to submit everthing. Don't wait until the last day. Good luck!!
 
Hi Angie,

maybe you sent the application too late. Normally you have to send it 6 weeks before expiration. I don't think that there is a problem - you have to send the application for the Restoration of status - it cost more than than the extension - and she will will get her visitor visa for 1 year.
 
The application to extend has to be received by CPC-Vegreville BEFORE the documented status expires. You also have to include proof of the original status - and some visa-exempt visitors don't get documented status on entry to Canada. I would assume, though, that your daughter-in-law, coming from Greece, would have at least gotten a stamp in her passport that showed her entry date. Her application to extend would have had to include a copy of that passport stamp, would have had to be received by CPC-Vegreville prior to six months past that date, AND would have had to include proof that an application for permanent residence was being (or had been) submitted, as well as proof that her husband has a job and funds to support her in the interim.

Considering the fact that the extension was refused because they said that her status had expired by the time the application was received, maybe there was some problem with them ascertaining when she entered the country. The dates you're talking about don't make sense to me because first you said:
AngieT said:
We had applied for an extension of my daughter-in-laws visitor visa as she had been here for longer than six months and it has been refused.
Or maybe, if you sent it by regular mail on July 27th, it wasn't received by CPC-V by August 3rd. Did you track the mailing and get delivery confirmation?
AngieT said:
August 3rd was the expiration date and we sent it July 27th by Express post as I was told to do by CIC themselves. In their refusal letter they state that her termporary resident status expired on October 20th 2010. I don't understand that date. She is from Greece and does not require a visa to enter Canada.
You're right, there is some misunderstanding with the Oct 20th date because it makes no sense if the extension was received in July and they're saying her status expired on Oct 20th, that's probably a typo.

What you have to get clear about is when she entered the country, what proof she has of that entry date, and the proof you have of when the application was received at CPC-Vegreville. For right now forget about the PR application and all of the "how can they do this to her?" stuff. IF you have proof that she entered the country on such and such date, and that the application to extend her status was received by CPC-Vegreville prior to 6 months later, GO TO YOUR MP and bring this to his/her attention so that they can contact CIC and advocate for you. If the extension application was received AFTER the six months were up - or you didn't include proof of the entry date with the extension application - you've no choice but to apply to restore status. BEFORE you do that, though, you've got to look at the submission of the PR application and how that's going to be affected.

If they were planning to apply via the inland process, they need to be very careful about the timing of this. In my unprofessional opinion, the restoration of status should not be included with the inland PR ap - and I'll tell you why. Because it's won't even be seen by anybody at CIC until 8-9 months after they receive it at CPC-V. And I think it's risky to submit an inland PR ap when there's still question about whether or not temporary status will be granted - if it's perceived that she doesn't have valid temporary status when they start to assess the PR application for first stage approval, they'll transfer it to the local office for processing and that can delay everything by up to two years! If a restoration application is necessary - submit that first and wait for a decision before submitting an inland PR ap. However, your son and daughter-in-law should pay the PR application fees, and submit a copy of that receipt with the restoration application - to prove that they are submitting a PR application, and they should include proof of support and a copy of their marriage licence. If she applies inland and the restoration ap is not approved, she will have to leave - and that means the inland ap is forfeited. That's another reason that I think it's risky to apply inland without first establishing that she has valid temporary status again - whether that's through the restoration process, or through you going to the MP and having them work on your behalf to fix whatever mistake CPC-V may have made in processing the original extension application.

The other option is to submit an outland PR application. Processing of an outland ap is not dependent on where the applicant is staying or whether or not they have valid status there. So the outland application could be processing independent of the whole temporary status issue in Canada - and, if for some reason, the worst happened and the restoration was not approved, the processing of the outland ap would not be affected by her having to leave Canada. They would still need to submit proof of payment of the PR fees with the restoration (or extension) ap. The spousal processing timeline for Greece, through Rome, is 6-13 months. Processing inland takes 12-18 months . . . 8-9 months just to get to first stage approval and then another 3-9 months or more to finalize - and that's only if issues regarding the temporary status are resolved.

I know it's a lot to think about - but, seriously, get this temporary thing resolved before moving forward on the PR ap - aside from paying the fees to be able to prove they're actually applying.
 
You're right, there is some misunderstanding with the Oct 20th date because it makes no sense if the extension was received in July and they're saying her status expired on Oct 20th, that's probably a typo

Robsluv, your legal status is automatically extended by the waiting time while extension of status is prcocessed. It is called Implied Status. When you send an extension of status by mail rather than electronically (online application), it takes upto 90 days to process. Therefore, her status is extended by this 90 days. If extension of status application is refused you DON'T revert back to your old expiration date. Your status ends on the day they process you extension of status application. You then have a further 90 days to submit a restoration of status application. End of July + about 85 days = Oct 20th.

http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf
Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
 
For reference, it's not always the case that lack of status leads to an automatic referral to local CIC on an inland application. I see that mentioned a lot, but it didn't happen to me. CPC-V (incorrectly) determined that I was out of status, however they still granted approval in principle, and issued my open work permit.

In the end, I managed to get them to correct the error, but that took a few weeks, and if they had been going to transfer to local CIC due to the lack of status, they would have done that sooner than I managed to get them to rectify it.
 
annabruce said:
Robsluv, your legal status is automatically extended by the waiting time while extension of status is prcocessed. It is called Implied Status. When you send an extension of status by mail rather than electronically (online application), it takes upto 90 days to process. Therefore, her status is extended by this 90 days. If extension of status application is refused you DON'T revert back to your old expiration date. Your status ends on the day they process you extension of status application. You then have a further 90 days to submit a restoration of status application. End of July + about 85 days = Oct 20th.

http://www.cic.gc.ca/english/resources/manuals/op/op11-eng.pdf
Implied status
(Replaces OB 092 – January 15, 2009)
A temporary resident must apply to extend their period of authorized stay before it ends. If they
have done so, their period of authorized stay as a temporary resident is extended by law until a
decision is made [R183(5)]. Such a person is considered to have implied status as a temporary
resident during that period.
Annabruce - I know what "implied status" is and how it works - but you're incorrect in stating that it extends to the 90 period given for someone to apply for restoration of status.

When someone applies to extend their status and the application to extend is received by CPC-V BEFORE their original status expires, they benefit from "implied status" until a decision is rendered. That's what R183(5) says. If the decision is positive, then all is good and they're issued new temporary status. But, if the decision is negative, there is nothing in R183(5) that says that the additional 90 days granted in which to file an application to restore is also covered by "implied status". That's what is meant by having to "restore status" - implied status as well as the original status is lost when an extension application is refused after the date the original status expired.

Because of this, the OP's daughter-in-law will not be protected by "implied status" if she submits an inland PR ap. Whether that means the application will be transferred to a local office or not, there is still that chance. I still think it's advisable for this person to make sure that the temporary status is rectified, if she intends to apply for PR inland, before they submit the PR ap.
 
Because of this, the OP's daughter-in-law will not be protected by "implied status" if she submits an inland PR ap. Whether that means the application will be transferred to a local office or not, there is still that chance. I still think it's advisable for this person to make sure that the temporary status is rectified, if she intends to apply for PR inland, before they submit the PR ap.

Sorry, Robsluv, you're missing my point. You're right she doesn't have a new implied status. However, she still does have 90 days in which to restore her status - 90 days from October 20th. She is currently out of status and therefore there is no further "implied status". The implied status I was refering to was the original 85 days while her extension of status was processed. During that period of time her legal status was extended to October 20th through implied status. On October 20th she was no longer in good status. 84 days remain to restore her status.

By the way there are two different 90 day periods I am talking about: the 90 odd days processing the extension of status ( actually, in this case, about 85 ), and the EXACTLY 90 days availble to restore her status once she no longer has good status.

End of July to October 20th = 85 odd days. October 20th to her final deadline = Exactly 90 days.

We may have to agree to disagree, but hitting negative on my rating isn't appropriate.
 
I didn't hit negative on your rating . . . I've honestly never given anybody a negative rating in all my time here. And it's not possible to find out who gave you a negative rating, so please don't accuse.

I don't disagree with you that there are 90 days available to apply to restore status - but I never said there wasn't. So I don't really understand why you argued with me in your original reply in the first place. Going back to that original reply and the quote about the October 20th expiration date . . . you may have been trying to say that the Oct 20th date was somehow a benchmark for the beginning of the 90 days - and maybe that's true. But that wasn't clear in what you said. You started talking about "implied status" and that's not applicable once an extension has been refused. That's all I was trying to say.
 
Because, you disagreed with me, but we are actually saying the same thing. You simply didn't quite understand that I said exactly what you said. Look at my earlier post where I tell her NOT to submit restoration application with her PR application.

Let's stop. We actually agree with each other to a point. However, I humbly suggest that your original comment about October 20th being a typo is VERY incorrect. This is her "impled status" extension - End of July + 85 days of processing = October 20th.

Ha ha! You modified after I typed. Its ok. All is well.
 
I always modify - it's an annoying habit I have . . . because what I'm trying to say never comes across right the first time around. Once I see it in print, I find all kinds of things to change. I try to preview, but sometimes I'm in a hurry (like trying to get this out while my daughter is waiting for me to french-braid her hair) and it just gets messy. I agree - we're saying the same thing.

And the negative or postive ratings - I ignore them. Shoot, you and I both have 11, and Matthew (of all people) has 9!! I don't think there's another person around who is as kind, helpful and unassuming as Matthew . . . so either some people just don't like anybody, or they just go around clicking "negative" for the fun of it.
 
Actually, I am arguing this rather heavilly because if I am wrong, my wife may be in trouble.

I am counting on the fact that by submitting an extension of status application for her, I extended her status through implied status until they make a decision. Because, I submitted her inland PR application and Open Work Permit application BEFORE they made a decision, her implied status is further extended by the Open Work Permit application until AIP. Therefore, the result of the Extension of Status application is rendered irrelavant. Did this on purpose, because we weren't ready to submit PR application before her original temporary status ran out.

By the way, in the extension of status application, I provided proof of payment for the Extension of Status, Work Permit Application, and PR application, and explained to them exactly what I was doing.

Hope I'm right, but if I am wrong, I will fight hard, because their rules aren't exactly clear!!