HELP! Visitor Visa Expired / Application Status Unknown

[till]

Hello!

My 6 months visitor visa expired a few days ago and I haven't heard back from the Immigration about the application we sent to Immigration office 2-3 weeks ago. We did the Sponsor your Spouse one.

What should I do now? Am I illegally in Canada, do I need to go to another country until I hear back from them?

I tried calling their hotline, but it's always busy and they don't even put me in the queue.

I appreciate any insights. Thanks!

 

[scylla]

We need more information. How did you apply for PR? Inland? Outland? If Inland, did you include an open work permit application with the package?

 

[Ponga]

Did you send it by mail? If so, did you have a tracking number?

As long as you are certain that it was received by CIC, you'll be fine because you will be under Implied Status until you hear back from them.

Implied Status is basically an automatic, temporary extension of your previous status, while they process your request.


If you do NOT have confirmation that it was received by CIC...that could be a problem.

*edit*

After reading your post again, it looks like you only sent the spousal sponsorship application, correct? If that's the case, you are now out of status.

You needed to include an OWP application (if applying Inland) or a visitor extension application with the sponsorship application to be covered under Implied Status. You would now need to apply for Restoration of Status, but must do so within 90 days of losing your status.

 

[till]

Thanks for your answers.

We applied Inland from BC and only sent the spousal sponsorship application package.

I do have a tracking number and it was marked as delivered a week ago (to the P.O. box).

What do I need to do now?

 

[scylla]

If you failed to include an open work permit with your application then you are now in Canada without status / illegally. You need to apply to restore your status back to visitor.

 

[till]

What's the best way to do that?

If you failed to include an open work permit with your application then you are now in Canada without status / illegally. You need to apply to restore your status back to visitor.

 

[scylla]

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

 

[till]

Thanks!

And I don't have "implied status" right now?

 

[Ponga]

Thanks!

And I don't have "implied status" right now?

No, you have no status right now.

 

[scylla]

Thanks!

And I don't have "implied status" right now?

You would have implied status if you had submitted an open work permit application with your spousal sponsorship application. Since you didn't, you're out of status.

 

[till]

Thank you all for your answers.

I NEED to leave to Europe for a week in August (in 60 days). If I apply to have my status restored it will take currently 97 days.

Would it make sense to fly to another country right now, come back the next day and apply for a new visitor (eTA) visa?

 

[Lons]

Thank you all for your answers.

I NEED to leave to Europe for a week in August (in 60 days). If I apply to have my status restored it will take currently 97 days.

Would it make sense to fly to another country right now, come back the next day and apply for a new visitor (eTA) visa?

That's something you could do, but keep in mind that if you are refused entry at the border, your inland application is then abandoned. Being in Canada is a requirement for your application. You're allowed to leave, but there's no guarantee that you'll be re-admitted, especially if you have (even this short) overstay on your record.

 

[till]

Okay, one last question.

If I apply to restore my status, can I leave before I get approved? I'm okay with loosing the inland application.

 

[Lons]

Okay, one last question.

If I apply to restore my status, can I leave before I get approved? I'm okay with loosing the inland application.

I'm not sure that it would be worth the money to pay for the restoration and then leave the country. When you return to Canada, you'll be subject to inspection at the border. If the border officer doesn't let you in, your restoration will be irrelevant even if it is approved. If the border officer does let you in, your restoration will be irrelevant because you'll already be a visitor again. If you plan on leaving the country, don't apply for a restoration.

 

[till]

Okay, thanks.