Out of status in Canada while get PER for FSW with AEO

[suchnaju]

Hi everyone,

Can you please help my sister?

Her immigration consultant made an extremely stupid fatal error for her application. Basically her work permit expired @Mar 1, 2012 and they applied for her work permit extension on May 10, 2012 without applies for restoration of status.

So her work permit extension got rejected and they re-applied WP extension on Sep, 2012 and they applied for FSW PR with AEO on Nov 1, 2012 and just got PER from CIO.

Her second WP extension got rejected again, and in her refusal letter it said she is out of status in Canada now.

Questions are:

1. Will here status in Canada affect her FSW PR application?
2. Should she leave Canada right away?
3. What may happen if she stays here and waits for the PR process?

Thanks in advance guys !

 

[cygnet]

Using consultants doesn't really help sometimes, if you fully understand all the steps and requirements in applying for PR it is better to apply by yourself. Everything you need can be found in CIC website.

Apply again for restoration of status within 90 days after she lost her status
Apply for work permit-positive LMO needed
You can apply for WP and status restoration at the same time.
If she need to leave Canada CIC will send her a notification letter.

 

[cygnet]

Not sure how come she got PER when her work permit was expired and lost her status.

 

[PMM]

Hi

Using consultants doesn't really help sometimes, if you fully understand all the steps and requirements in applying for PR it is better to apply by yourself. Everything you need can be found in CIC website.

Apply again for restoration of status within 90 days after she lost her status
Apply for work permit-positive LMO needed
You can apply for WP and status restoration at the same time.
If she need to leave Canada CIC will send her a notification letter.

Read the OP's post, 90 days have long past, so no restoration, she has already been told to leave. I would bet she is continuing to work, if she hangs around in Canada, there is a good chance for a report and a removal if CBSA decides to look for her.

 

[Karwa Sach]

Hi


Read the OP's post, 90 days have long past, so no restoration, she has already been told to leave. I would bet she is continuing to work, if she hangs around in Canada, there is a good chance for a report and a removal if CBSA decides to look for her.

i second and then she would be inadmissible to Canada

 

[suchnaju]

Hi


Read the OP's post, 90 days have long past, so no restoration, she has already been told to leave. I would bet she is continuing to work, if she hangs around in Canada, there is a good chance for a report and a removal if CBSA decides to look for her.

No she stopped working on Mar 1, 2012 when the WP expired. Now she lives on her savings and I also support her.

Her immigration consultant tells her once she leaves Canada she can never come back since she can not get any TRV due to dual intent and suggests she stay in Canada and wait for the PR process.

 

[scylla]

No she stopped working on Mar 1, 2012 when the WP expired. Now she lives on her savings and I also support her.

Her immigration consultant tells her once she leaves Canada she can never come back since she can not get any TRV due to dual intent and suggests she stay in Canada and wait for the PR process.

Is this the same consultant who failed to apply for a restoration of status?

As PMM said, CBSA can deport her if they decide to look for her. If she's deported, this will make it far more complicated to return once her PR visa has been approved.

 

[suchnaju]

Is this the same consultant who failed to apply for a restoration of status?

As PMM said, CBSA can deport her if they decide to look for her. If she's deported, this will make it far more complicated to return once her PR visa has been approved.

Yes same consultant.

The WP refusal letter only mentioned she is out of status in Canada and did not say anything about her to leave Canada.

So I think the consultant is betting on CBSA won't try to remove her before she get her PR visa. Or maybe she can leave right away once she got the CBSA remove order?

 

[suchnaju]

Not sure how come she got PER when her work permit was expired and lost her status.

Her immigration consultant said she can get FSW PR visa with no status in Canada.