Out of status and re-apply

[DanSlh]

A question for a friend of mine, please:

She arrived in Canada as a tourist for 6 months and renewed her visa for more 6 months, guaranteeing her 1 year of visa. She applied for a college which she got accepted but when she asked for a visa exchange (tourist to student) she got denied the first time and the lawyer adviced her to ask for a review on her process which would buy her more 60 days at least. So she remained in Canada waiting for a response for her second attempt to get a student visa. Meanwhile she met her significant other and started dating. Her visa got denied again and that's when they decided to marry. So now she's still in Canada without a visa waiting to legalize her situation.
Also she has an inland application sent 2 months ago and she's considering withdrawing it and reapply outland.

Any insight of how she can restore her status?
Or if she needs to restore her status to reapply.
We're kinda lost here.

Thanks in advance

 

[Ponga]

She can only restore her status if it has not been 90 days (or more) since her legal status expired. If it's been less than 90 days, she would need to apply for Restoration of Status, but...I suspect that it's far too late now.

A person without status, that has submitted an Inland application, seems to have more protection from being removed than an Outland applicant.
Personally, I wouldn't withdraw the Inland application.

 

[DanSlh]

She can only restore her status if it has not been 90 days (or more) since her legal status expired. If it's been less than 90 days, she would need to apply for Restoration of Status, but...I suspect that it's far too late now.

A person without status, that has submitted an Inland application, seems to have more protection from being removed than an Outland applicant.
Personally, I wouldn't withdraw the Inland application.

Even if she sent her application AFTER her status is not legal anymore?
Thak you very much, Ponga!

 

[Ponga]

While it's certainly possible for a person in Canada, without status, to submit an Outland application, there's nothing documented anywhere on CIC's website that details what (if anything) CBSA does differently. Only the Inland processing manual outlines the `Public Policy' that allows a person in Canada without status to apply via the Inland application. Even then, it clearly states that a person can still be removed from Canada at anytime if they do not have valid status.

Again...IMHO, she should just leave the Inland application as-is; no need to draw even more attention to herself.

 

[DanSlh]

While it's certainly possible for a person in Canada, without status, to submit an Outland application, there's nothing documented anywhere on CIC's website that details what (if anything) CBSA does differently. Only the Inland processing manual outlines the `Public Policy' that allows a person in Canada without status to apply via the Inland application. Even then, it clearly states that a person can still be removed from Canada at anytime if they do not have valid status.

Again...IMHO, she should just leave the Inland application as-is; no need to draw even more attention to herself.

Thank you very much, Ponga!
You're the best always