i think i have a complicated situation here and need advice. ive overstayed my stay in canada beyond the 90 days that u can apply for the restoration due to loss of passport. i had several calls to CIC and embassy throughout a year before someone told me how to get it back.when on phone with CIC i asked if id get a ban from canada and they said as long as i didnt work or commit any crimes here id be ok. ive finally now gotten my passport back tho i havent gone back to the us yet plans to in march.my problem is im married to a canadian citizen and wanna get permanant residency problems as follows im beyond that 90 days ive not gotten told to leave so if i leave on my own would i be banned from returning? would that go against me on permanant residency? if not another problem i have is my husband is disabled and is on disability would that prevent him from sponsoring me?what are my options? anyone if u can help tia
overstay
- Thread starter bonbrakeann
- Start date
You will not be banned.
The fact your husband is on disability is not a barrier to sponsoring you for PR. However I assume you've been in Canada for a while and haven't been working yourself - this could be a problem that may result in the application being refused. When the sponsor is on disability, IRCC typically wants to see that the other spouse is working and plans to work once they settle in Canada. They want to make sure the person being sponsored won't end up on social assistance. Assuming you haven't been working for a while, I would recommend you return to the US and work there for six months before you submit the application to sponsor. Include evidence in the application that you have been working.
no i havent worked in awhile but want to.could i apply for an open work permit being married without applying for pr right away
No - you can't. You don't qualify for an open work permit. The open work permit can only be submitted together with the inland spousal sponsorship process.
Again, would very strongly recommend that you return to the US and work there for a number of months before your husband sponsors you for PR.
Hi. I need an advice re out of status. My brother came here as a tourist 2019.
- A month before his tourist visa expired (jan 2020), an employer hired him.
- a day before his trv expired, he was able to apply for a work permit outside canada. Making us think since he changed his condition, he is automatically on implied or maintained status.
- the province nominated him for AIPP program. Which had a deadline to submit on July 2020. He was able to do so.
- april 2020, he received a notice that due to COVID 19 all processing of documents (work permit) are on hold. Hence his passport was returned.
- after 15mos os waiting last april 2021, his passport was asked because he was approved for work visa. Together with a point of entry letter stating he is authorize to work in canada. All he needed to do was apply for a work permit.
- since all borders are closed, he applied online and was advised to wait for 8weeks. Until now no work permit was issued. Follow ups were also made but due to covid backlogs and Afghanistan circumstance, no available information was available re the work permit whereabouts.
- last oct 2021 his PR was refused for the reason that he was OUT OF STATUS. In this same week, his employer was already following up on when he could work. So we asked the employer if he could follow through cic.
- a week later after the refusal. The employer gave an update that he is out of status as he was advised to restore his status last aug 13, 2020 (and a deadline of aug 31,2020) but he never did. My brother NEVER received that email request. Only after about 15-20minutes of receiving the email update from the employer. In short, CIC failed to send the Aug 13 request to restore but hd just sent it on oct 21 after the employer followed up! The request to restore came in more than 2 months late. Had he received it on time, he could have restored before aug 31.
- we made an appeal for the PR stating the said reasons (no reply yet)
- we made a call to IRCC to let them know re the late email BUT they were firm that he was out of status. No explanation of the late email.
so to date, it has been almost 3weeks since he found out that he is out of status and wants to clean his records because there was NO INTENT to OVERSTAY.
- we asked ircc re the existing and valid (until april 2022) multiple entry WORK VISA that he still has. And we asked if he can go back after exiting Canada. They did not answer straight if the work visa is valid or not but it was never cancelled. The job offer is still standing and employer still wants him because he is an essential healthcare worker. The only advice IRCC made was to prepare an explanation letter just in case the border person upon his arrival(after exiting canada) will be asked. But no guarantee if he will be let in. But they said to bring the proper work documents when he comes back. So again no promises.
- so we are decided he is going home. We are just waiting for the extension of his passport (that will arrive in 2weeks). Hopefully no DEPARTURE ORDER by then.
My questions are:
1. Is his standing and valid work visa really valid? Will we repeat the procedure of applying for a new employment number or work permit?
2. How soon can he come back after exiting Canada? Is it recommended to cool down for a bit? He has until April of 2022 to come back that is if his work visa is not cancelled.
3. Will this incident of (honest mistake and failure of IRCC to send email on time) affect his PR papers if he will be able to go back here in Canada?
4. Should we talk to an immigration lawyer?
My brothers ordeal on his papers basically got mixed up because of covid 19, negligence of IRCC but they wont give extension for him to restore.
Please help!
- A month before his tourist visa expired (jan 2020), an employer hired him.
- a day before his trv expired, he was able to apply for a work permit outside canada. Making us think since he changed his condition, he is automatically on implied or maintained status.
- the province nominated him for AIPP program. Which had a deadline to submit on July 2020. He was able to do so.
- april 2020, he received a notice that due to COVID 19 all processing of documents (work permit) are on hold. Hence his passport was returned.
- after 15mos os waiting last april 2021, his passport was asked because he was approved for work visa. Together with a point of entry letter stating he is authorize to work in canada. All he needed to do was apply for a work permit.
- since all borders are closed, he applied online and was advised to wait for 8weeks. Until now no work permit was issued. Follow ups were also made but due to covid backlogs and Afghanistan circumstance, no available information was available re the work permit whereabouts.
- last oct 2021 his PR was refused for the reason that he was OUT OF STATUS. In this same week, his employer was already following up on when he could work. So we asked the employer if he could follow through cic.
- a week later after the refusal. The employer gave an update that he is out of status as he was advised to restore his status last aug 13, 2020 (and a deadline of aug 31,2020) but he never did. My brother NEVER received that email request. Only after about 15-20minutes of receiving the email update from the employer. In short, CIC failed to send the Aug 13 request to restore but hd just sent it on oct 21 after the employer followed up! The request to restore came in more than 2 months late. Had he received it on time, he could have restored before aug 31.
- we made an appeal for the PR stating the said reasons (no reply yet)
- we made a call to IRCC to let them know re the late email BUT they were firm that he was out of status. No explanation of the late email.
so to date, it has been almost 3weeks since he found out that he is out of status and wants to clean his records because there was NO INTENT to OVERSTAY.
- we asked ircc re the existing and valid (until april 2022) multiple entry WORK VISA that he still has. And we asked if he can go back after exiting Canada. They did not answer straight if the work visa is valid or not but it was never cancelled. The job offer is still standing and employer still wants him because he is an essential healthcare worker. The only advice IRCC made was to prepare an explanation letter just in case the border person upon his arrival(after exiting canada) will be asked. But no guarantee if he will be let in. But they said to bring the proper work documents when he comes back. So again no promises.
- so we are decided he is going home. We are just waiting for the extension of his passport (that will arrive in 2weeks). Hopefully no DEPARTURE ORDER by then.
My questions are:
1. Is his standing and valid work visa really valid? Will we repeat the procedure of applying for a new employment number or work permit?
2. How soon can he come back after exiting Canada? Is it recommended to cool down for a bit? He has until April of 2022 to come back that is if his work visa is not cancelled.
3. Will this incident of (honest mistake and failure of IRCC to send email on time) affect his PR papers if he will be able to go back here in Canada?
4. Should we talk to an immigration lawyer?
My brothers ordeal on his papers basically got mixed up because of covid 19, negligence of IRCC but they wont give extension for him to restore.
Please help!