+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Over stayed visitor visa and in the middle of spousal sponsorship

anthonygum

Full Member
Dec 8, 2016
25
0
124
Alberta, Canada
Job Offer........
Pre-Assessed..
profiler said:
Just let me know where to collect :D
Hey ill honor the drink.. if you are in calgary! haha

profiler said:
If you don't have an AOR by 80 days, I would look at filing to restore your status as a visitor. The day you submit either, you have an implied status as a visitor until they accept / reject.


No it's pretty common...that's why they have the restoration of status / OWP + ROS / public policy which allows for the processing of inland applications while the person is out of status.
when i file the OWP a tick the 3rd box for 'Restore your status as a worker', should i also tick the second box 'An initial work permit'?
 

profiler

VIP Member
Aug 10, 2016
9,456
2,846
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
Med's Request
Upfront; Passed
Interview........
Waived
LANDED..........
05-MAY-2017
anthonygum said:
when i file the OWP a tick the 3rd box for 'Restore your status as a worker', should i also tick the second box 'An initial work permit'?
Yes, as long as you have never had a work permit in Canada before.

And no, no Calgary. Tooo far.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
profiler said:
If you don't have an AOR by 80 days, I would look at filing to restore your status as a visitor. The day you submit either, you have an implied status as a visitor until they accept / reject.
To clarify, applying for Restoration does not grant Implied Status. It allows a person to remain in Canada but they are still out of status.
 

Ponga

VIP Member
Oct 22, 2013
10,146
1,327
Job Offer........
Pre-Assessed..
Yup. Implied Status definitely wouldn't apply here with a ROS application.
 

anthonygum

Full Member
Dec 8, 2016
25
0
124
Alberta, Canada
Job Offer........
Pre-Assessed..
canuck_in_uk said:
To clarify, applying for Restoration does not grant Implied Status. It allows a person to remain in Canada but they are still out of status.
Ponga said:
Yup. Implied Status definitely wouldn't apply here with a ROS application.
Would you agree that the best thing for me todo is wait for the AOR and then apply for my OWP and ROS together?
Or should i apply for ROS as a visitor now?
I had a Temporary foreign worker visa back in 2014 to 2015 and now been here 6months on a visitor visa.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
anthonygum said:
Would you agree that the best thing for me todo is wait for the AOR and then apply for my OWP and ROS together?
Or should i apply for ROS as a visitor now?
I had a Temporary foreign worker visa back in 2014 to 2015 and now been here 6months on a visitor visa.
You should apply for ROS and the OWP together now. You don't need to wait for AOR.
 

anthonygum

Full Member
Dec 8, 2016
25
0
124
Alberta, Canada
Job Offer........
Pre-Assessed..
canuck_in_uk said:
You should apply for ROS and the OWP together now. You don't need to wait for AOR.

https://s29.postimg.org/laerjv3af/OWP.png

Should i tick the 2nd and 3rd box?

Don't i need to wait for the AOR to know that they have started to process my appliction so i then can apply for my OWP?
So far i have just revived a UCI, and also i have had a TFW visa in the past.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
anthonygum said:

https://s29.postimg.org/laerjv3af/OWP.png

Should i tick the 2nd and 3rd box?

Don't i need to wait for the AOR to know that they have started to process my appliction so i then can apply for my OWP?
So far i have just revived a UCI, and also i have had a TFW visa in the past.
Yes, Restoration and initial work permit. You don't need AOR. Include a letter explaining the situation and all of your details so they can match it up with your PR app (your UCI, names, DOBs, address, email etc.)
 

anthonygum

Full Member
Dec 8, 2016
25
0
124
Alberta, Canada
Job Offer........
Pre-Assessed..
canuck_in_uk said:
Yes, Restoration and initial work permit. You don't need AOR. Include a letter explaining the situation and all of your details so they can match it up with your PR app (your UCI, names, DOBs, address, email etc.)
Okay awesome.

Again on the OWP forum it asks if ive ever remained beyond the validity of my status.
Should i just say that i was on a visitor visa and it ran out on (date)? Or does it need more of a explanation than that?

It also asks if i have previously applied to enter or remain in Canada.
Does this include previous visitor visas and work visas


https://s30.postimg.org/y1anie0sh/OWP_1.png
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
anthonygum said:
Okay awesome.

Again on the OWP forum it asks if ive ever remained beyond the validity of my status.
Should i just say that i was on a visitor visa and it ran out on (date)? Or does it need more of a explanation than that?

It also asks if i have previously applied to enter or remain in Canada.
Does this include previous visitor visas and work visas
I would add a little explanation, no more than a few lines.

Yes, that includes visas and work permits.