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Cansh

Member
Jan 7, 2015
17
0
Hello,

I am spouse of a PGWP holder(also working) in Canada, on a visitor visa valid until Feb 2016. I have applied for an OWP already and decision from CIC is pending. Now I know I can stay in Canada on implied status until a decision on my OWP is made. I am thinking of 2 scenarios where my OWP might be refused -

1. If OWP is refused while I am on implied status, I know it will be considered as loss of status and I have 90 days to apply for "Status restoration". Since CIC says "restoration is a previlege and not a right", it is clear they see loss of status as an offence. So would this affect my future applications for WP or TRV? I and my spouse also have a PR application under process. Is a loss of status and restoration seen as an activity that could affect our chances of getting PR?

2. If OWP is refused very close to the TRV expiration date and I do not have enough time to leave Canada. What should I do in this case?

I would really appreciate it if I could get some advice on this! Thank you!
 
Cansh said:
Hello,

I am spouse of a PGWP holder(also working) in Canada, on a visitor visa valid until Feb 2016. I have applied for an OWP already and decision from CIC is pending. Now I know I can stay in Canada on implied status until a decision on my OWP is made. I am thinking of 2 scenarios where my OWP might be refused -

1. If OWP is refused while I am on implied status, I know it will be considered as loss of status and I have 90 days to apply for "Status restoration". Since CIC says "restoration is a previlege and not a right", it is clear they see loss of status as an offence. So would this affect my future applications for WP or TRV? I and my spouse also have a PR application under process. Is a loss of status and restoration seen as an activity that could affect our chances of getting PR?

2. If OWP is refused very close to the TRV expiration date and I do not have enough time to leave Canada. What should I do in this case?

I would really appreciate it if I could get some advice on this! Thank you!

Wrong. That line only means they are not obligated to restore your status. You will still have 90 days after loss of status to stay legally. If you go beyond that, it's an offense.
 
Thanks mf4361. So in the future applications when they ask on the form if I have overstayed my duration anytime, should I say "yes" or "no"?
 
Cansh said:
Thanks mf4361. So in the future applications when they ask on the form if I have overstayed my duration anytime, should I say "yes" or "no"?

I believe that's a yes. Then you explain the situation thoroughly. It is better to disclose it before CIC finds out on their own.