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Restoration of Status Denied-Just sent Application to Sponsor Spouse Application

C

Chickintheair

Newbie
Apr 30, 2020
4
0
Hello,
Any knowledge on this would be appreciated. We are panicking and scared.
My husband just got refused Restoration of Status. Immigration letter we received says he has to leave the country immediately. We just sent in the application to Sponsor Spouse and have found out we are expecting a baby.
What are our options? Does he have to leave, and if that's the case how long does he have before they come looking for him? We just sent in the Sponsor Application a few days ago and have not heard from immigration that they have received it.
Any information or tips anyone may have would be so helpfull
 
Chickintheair said:
Hello,
Any knowledge on this would be appreciated. We are panicking and scared.
My husband just got refused Restoration of Status. Immigration letter we received says he has to leave the country immediately. We just sent in the application to Sponsor Spouse and have found out we are expecting a baby.
What are our options? Does he have to leave, and if that's the case how long does he have before they come looking for him? We just sent in the Sponsor Application a few days ago and have not heard from immigration that they have received it.
Any information or tips anyone may have would be so helpfull
Click to expand...

He can remain in Canada without status. The chances that CBSA will remove him are really quite low.

Did you submit an inland application?

One downside of his being out of status is that he will not qualify for an open work permit until AIP is approved for the sponsorship application. This typically happens quite late (near the end of the process) - so it may be quite some time before he is able to work.

What is his history in Canada? What did you get in the way of refusal reasons?
 
Thank you so much for your prompt reply!
We did submit the application from inland.
The reason they gave us was: Immigration legislation requires that foreign nationals wishing to remain longer in Canada submit an application for extension of their temporary resident status on or before the expiry of the authorized period. Your temporary resident status in Canada expired on 2020 FEB 07 and your application was made on 2020 MAY 11.
Do you know if I need to call CIC and let them know that we have applied for Sponsorship and are waiting? I just don't know what to do next!
 
Chickintheair said:
Thank you so much for your prompt reply!
We did submit the application from inland.
The reason they gave us was: Immigration legislation requires that foreign nationals wishing to remain longer in Canada submit an application for extension of their temporary resident status on or before the expiry of the authorized period. Your temporary resident status in Canada expired on 2020 FEB 07 and your application was made on 2020 MAY 11.
Do you know if I need to call CIC and let them know that we have applied for Sponsorship and are waiting? I just don't know what to do next!
Click to expand...

Based on the dates, you waited to long to apply to restore status (you must apply within 90 days). I think you were over by a day or two. Assuming my math is right, you were correctly refused.

I would recommend trying to apply again under this policy which was enacted after you submitted your restoration application (and therefore didn't apply to your original application).

https://www.canada.ca/en/immigratio...oronavirus/temporary-residence/exemption.html
 
canuck78 said:
Missed that we talking 2020 and not 2021 although still doesn't guarantee restoration. Very strange that it took a year to receive a response.
Click to expand...

The year doesn't make a difference.

The public policy would still apply if we were talking about 2021.
 
canuck78 said:
If the date were from 2020 they denial would have been issued before the public policy was announced.
Click to expand...

It sounds like you're not familiar with the policy and who it covers.
 
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