PR under Family Class and Restoration of Status

[randomlondon]

Due to a couple of silly mistake I have a few pressing questions. Thank you so much to everyone on this forum in advance. It has already provided me with an invaluable source of information.

I am from the UK. My (now) wife is from Canada, born and raised and has always lived here. Neither of us have any criminal convictions, previous issues with immigration or medical problems. Medical and police checks have already been carried out and were provided with the PR application (assuming the process wouldn't change as it did in December). Here is a brief timeline of the events:

July 2016: Meet girl online
August 4th: Travel to Canada for 2 week holiday
August 18th: Don't get on plane home, quit job in the city having falling madly in love
October 11th : Propose
November 11t: Get married (best day of my life)
January 18th Send off PR application (family class), include visitor visa extension in this package (mistake)
February 4th: Initial 6 month visa lapses (from UK - so this is not a physical visa) - assume that I have implied status given that the visitor visa extension had been sent off
March 2: Receive a package with both applications inside. Letter accompanying explains that there is no proof of status, no signature on back of photos (damn Walmart - but silly for me to to not realize).

So my question is that as I now have no status (given that the implied status that I thought that I had never existed) what is the best course of action.

Should I apply for restoration of status ASAP? Or should I apply when the PR sponsorship has been sent back off?

I don't want the restoration to be refused because there is no current PR application.

Conversely I don't want the PR sponsorship to be rejected again because there is no evidence of status (which there won't be until the restoration of status comes back).

Thank you so much for your help in advance.

 

[randomlondon]

Also to clarify this is an inland application.

 

[zardoz]

Implied status is not an option now. You are out of status due to overstay and for no other reason, so you should be able to apply for a restoration. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

You will still not have any proof of status until that is processed however, so it doesn't solve your other issues.

Maybe go back to the UK for a short while and return with a new visitor status instead? Then resubmit the inland application with the correct open work permit application to ensure ongoing implied status as a visitor...

 

[Aquakitty]

You don't need proof of status, but I assume you didn't provide an explanation as to why you are out of status. I'm not sure why that's even a thing since most visa-exempt people don't have proof of status.


I'd say forget the inland application. Apply for restoration asap and apply outland instead, with the explanation that you for some reason mistakenly sent a paper application for visitor extension.

 

[randomlondon]

Thanks for the speedy replies.

So I didn't provide any explanation as to why I was out of status as at the time it was sent as I had mistakenly applied for the extension to the visitor visa together with this.

So the issue with the visitor visa extension was that it was sent with the PR application, rather than to the correct office. They unsurprisingly did not forward it on.

So to clarify, you would suggest an outland application, whilst still in Canada awaiting the result of the restoration that I will apply for ASAP.

What would be the implication and likelihood of the restoration coming back negatively?

 

[zardoz]

You don't need proof of status, but I assume you didn't provide an explanation as to why you are out of status. I'm not sure why that's even a thing since most visa-exempt people don't have proof of status.


I'd say forget the inland application. Apply for restoration asap and apply outland instead, with the explanation that you for some reason mistakenly sent a paper application for visitor extension.

I'm not sure that this hasn't been changed. http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/FullText.html

DIVISION 2
Spouse or Common-Law Partner in Canada Class

Marginal note:Class

123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
Marginal note:Member

124 A foreign national is a member of the spouse or common-law partner in Canada class if they
(a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
(b) have temporary resident status in Canada; and
(c) are the subject of a sponsorship application.

This implies that you must be in status to meet the Class definition.

 

[randomlondon]

Another note, the latest application package for spousal sponsorship asks directly if you are in status, and says if not to have an explanation as to why you are not.

 

[zardoz]

Also, to apply for an open work permit, you must be in status. http://www.cic.gc.ca/english/department/media/notices/2015-12-11.asp

To be eligible for an open work permit, you must be a spouse or common-law partner living in Canada who is being sponsored under the Spouse or common-law partner in Canada (SCLPC) class. You must have valid temporary resident status (as a visitor, student or worker) and live at the same address as your sponsor.

Hence proof of status would be needed.

 

[randomlondon]

I won't be applying for an OWP - I should have made this clear. Trying to keep things as simple as possible, and don't currently need to be working.

 

[canuck_in_uk]

If you don't need to work, there isn't really any reason to apply inland. Apply outland.

Apply for Restoration as a visitor ASAP. Include the PR fee receipt and a letter explaining you are applying for sponsorship.