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Out of status as work permit refuse, but got COPR, Can I flagpole?

Discussion in 'Permanent Residency Obligations' started by formhelp, Feb 11, 2018.

  1. Hello Everyone,

    I had post-graduate work-permit, which was expired in OCT 2017. I applied to extend work-permit, but got refused and lost status and had to leave job. I have applied again to restore status and work-permit both and it is in process right now.

    But in between that I got my Confirmation of PR (COPR).

    So, My question is, Can i have any trouble in landing at Canada/US border as currently i have no status in Canada but have applied for restoration.

    Is that ok, if I show border officer proof that I have applied for restoration?
     
  2. My wife too has the same problem. WE are in process of getting COPR soon. We have applied for Restoration of status and have the application copy and payment receipt ready. Can anybody explain the process please. CIC website is confusing in some cases.
     
  3. you can take with you the Application fee receipt and the application filed details, as to prove the implied status (for IRCC).
    But then with the implied status , idea is you cant go out of the country.
    So, though for flagpoling, it wont be recommended i guess
     
  4. It's fine. Once you leave Canada (which you do by flag polling) any previous lack or status, implied status, or restoration app, etc etc is completely irrelevant. Your entrance to Canada would be solely under your COPR and landing as a PR.
     
  5. Hey Hi! I’m in same situation right now.
    Can you please tell me your experience with getting COPR while on restoration/out of status?
     
    Florin86 likes this.
  6. Hello guys,
    Can you tell me please how did you solve this situation with out of status?
     
  7. Hi,

    I am in same shoes as you are.
    Have you been able to get help on this?
     
  8. Hi,

    I am in same shoes as you are.
    Have you been able to get help on this?
     
  9. See response above by @Rob_TO, which succinctly says all that needs to be said.

    And while it was a long time ago, now, well more than a decade, this is also precisely what I did. I was in Canada. I got my visa and CoPR while still in Canada. And then I let my VR expire months before I made the trip to the border (needed the time to resolve paperwork for importing a vehicle) and then came back the next day to land. A flagpole plus one might say. No problem.
     
  10. Thanks very much!
    I have a rest of mind now.
     
  11. But when you got PPR back then, I mean before having your passport stamped and the COPR.
    Did you have any ongoing application back then to restore your status or you didn’t apply for any sort of visa to restore your status?
     
  12. I had received a Visitor Record pursuant to an earlier application to extend visitor status, before I even applied for PR. I received the PR visa and CoPR before my Visitor Record expired (my PR application was approved in less than 4 months after I applied), so my only option was to do the landing (I could not apply to extend my VR since I had already been issued a PR visa). Since I needed some time to pay off the lease on my car and to get a recall resolved (in order to import it) before landing (and I had other reasons to delay landing related to relocating my business), I simply overstayed until I was ready to do the flagpole . . . for which I stayed in the U.S. a full day since the final step in getting the automobile recall resolved required an inspection by an authorized U.S. dealer.

    Sure, the PIL officer visibly winced and I suspect that was because she could readily discern I had overstayed some months (I had just exited past that PoE less than 24 hours previous, and I had a somewhat complicated history, going back years, involving spending time in Secondary at that same PoE, as well as some others, due to concerns regarding the length of many previous stays in Canada), but I was confident there was no real problem precisely as @Rob_TO described above. Just by going past the flagpole, so to say, I knew I had cured the overstay.
     
  13. Ok thanks for the explanation.
    Do you think I am going to have problem in my own case?
    I am actually out of status and was given a 90 days restoration period but I recently got PPR. Though I haven’t applied to restore my status as a Worker or Visitor.
    What do you think if I go flagpole after getting my COPR and having my passport stamped?
     
  14. To be clear, I am NO expert. Moreover, even experts cannot reliably forecast future events involving multiple contingencies.

    As I previously stated, the observation posted by @Rob_TO, well over a year ago, pretty much says all that needs to said about being out-of-status or overstaying relative to an individual who has, in the meantime, been granted a PR visa.

    Of course that does not cover a wide range of other contingencies, especially contingencies BEFORE a PR visa or CoPR has actually been issued. Especially contingencies which could possibly affect whether the individual is actually issued authorization to land as a PR.

    Beyond that, it can be more complicated. For the vast majority, however, there is no reason to worry so long as there are no removal proceedings underway.

    But as usual there are some low-likelihood possibilities lurking in this or that particular circumstance, so there are no guarantees. The likelihood of a problem is so low I hesitate to even address them further. Moreover, this subject is off-topic here and better asked in the conference where matters related to immigrating to Canada are discussed. Additionally, I have NOT kept current with many of the issues related to the immigration stage . . . I almost exclusively participate in this PR Residency Obligations conference and the Citizenship conference.


    But sure, I understand (been there, done that) it is hard to shake some worry when an individual does not currently have status. That is breaking the rules. Probably more serious than overtime parking, except there is no fine. But to some extent it is a technical breach of the rules and in itself ordinarily is not problematic so long as it can be easily cured and is cured. Going past the flagpole does that. (For someone who has not been issued a PR visa, sure it can still have a big impact on any future application to enter Canada or for status in Canada, since a past overstay is at least an indication the individual is more likely to overstay again, and is also evidence the individual is more likely to not comply with the rules . . . but other than its evidentiary influence, there is NO legal consequence once the overstay is cured by simply exiting Canada.)

    So, understanding that sure, some worry about this can be nagging and hard to shake, I will offer some further observations . . . with the CAVEAT that I am NOT an expert and NOT particularly current in these matters . . .

    Remember, almost all IRCC decisions remain conditional or contingent until the decision results in an actual action. Even the issuance of a PR visa does necessarily result in the individual being able to land and complete the process of becoming a PR. A change in circumstances, certain specific circumstances, can result in the cancellation of a decision-made (for example, an individual who marries after being issued a PR visa and before landing, and it turns out the spouse is inadmissible to Canada, will not be able to land and become a PR . . . unless the spouse's inadmissibility can be cured).

    That observation, as to the contingency of IRCC decisions, should NOT be of much concern, and of almost NO concern for the vast majority of IRCC clients. The key is that unless and until the deed-is-done, so to say, there is NO guarantee. For the vast majority, a decision-made means a very, very high probability the matter will proceed so as to effect that decision.

    The discussion above confirms that merely being out-of-status or overstaying does not, not in itself, disrupt the process once a decision to grant PR has been made . . . so such an individual can simply exit Canada and return virtually immediately, the overstay is cured, not an issue.

    If, however, an individual already has had proceedings started to remove or deport him or her, that is a different situation. Thus, for example, what would happen to such an individual who has just sent off his or her passport, and that individual for some reason got entangled in an interaction with Canadian authorities that also involved CBSA, with CBSA determining the individual was in Canada without legal status, I cannot say. The likelihood of suddenly getting entangled in deportation proceedings for overstaying seems remote . . . but sooner or later, many individuals overstaying are pulled into deportation proceedings (such as being reported by a disgruntled acquaintance or a neighbour or former landlord or employer). It happens.

    If that happens while a PR visa application is pending, that probably precludes a grant of PR (with some exceptions). If that happens after there is a decision-made to grant PR but before the individual obtains the actual visa or CoPR, I do NOT know how that might affect the validity of the visa.

    But for an individual who is NOT currently involved in removal proceedings, who is merely one among hundreds of thousands of individuals in Canada without status (the vast majority of whom stayed beyond the expiration of status), there is very little reason to worry about that so long as the individual can exit Canada and cure the overstay . . . and for the individual issued a PR visa/CoPR, that can be accomplished by simply flag-poling.
     

  15. Woow man you are the best.

    I can’t imagine you volunteered your time to type and give a very good explanation regarding this matter.
    Thanks a lot man.

    For me, my situation hasn’t been that worse being asked to leave or ordered a removal process as I am still within the given 90 days restoration period just as the letter says when I got a refusal on my BOWP. I will talk to a consultant tomorrow though.

    Thanks one more time and God bless you!
     

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