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Restoration of status was refused. Next steps/advice please?

ryanmacd

Full Member
Nov 15, 2009
27
0
Got the worst letter in the mail tonight. My status restoration was refused and it says I have to leave the country immediately.

This forum has been a help before in the past I was wondering if anyone knows where I can find information on how long I need to be out of the country before I can reenter (and have my permanent residency application fully sorted this time) or if there is another route I can take to restore mystauts/submit my application without leaving the country.

Thank you.
 

Ponga

VIP Member
Oct 22, 2013
10,155
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Job Offer........
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I'm sorry to hear about your disturbing news.

I looked at some of your previous posts, hoping to get some background on your overall situation, but...I'm a bit confused.

Your first post was in 2009, and then a few up until 2011/2012 and now this one. Your most recent post, prior to this one in 2012, indicated that you were ready to apply for Common-Law Sponsorship.

What happened?

Regarding your letter...If it is a departure order (with a date that you must leave Canada by), you may not have a choice. If you do leave make sure that CBSA is aware of your compliance, so that it hopefully minimizes your re-entry problems in the future. If it's an exclusion order, you'll be banned from Canada for 1 year. Whatever you do...do not let this turn into a deportation order which could ban you for life.

Best of luck.
Truly.
 

Carlaganda23

Hero Member
Jan 8, 2014
590
8
Halifax Nova Scotia
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
hi,

Unfortunately you cant do anything about it but to leave the country, there's no exact time frame with you leaving the country.
I was in the same situation as yours but I opt to file an Inland Application for Family Sponsorship since I am living with my partner for 1 year and 6 months.

You just tell the CBSA about your departure in the airport and it shouldn't be a problem for you to come back in Canada if your LMO came back positive if its on the process,
Its been tough for TFW since Service Canada changed a lot of their Program Requirements in getting positive LMO. I was soo gutted when I received my refusal too. I was on my holiday in BC and I had to fly back to Nova Scotia to discuss it with my employer.
 

Carlaganda23

Hero Member
Jan 8, 2014
590
8
Halifax Nova Scotia
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
In my refusal letter they just told me that I have to leave Canada immediately. I never received any departure order nor exclusion order.

So in your case we must have the same kind of refusal letter from CPC-V.
 

Ponga

VIP Member
Oct 22, 2013
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Carlaganda23 said:
In my refusal letter they just told me that I have to leave Canada immediately. I never received any departure order nor exclusion order.

So in your case we must have the same kind of refusal letter from CPC-V.
I wasn't aware that you had received a refusal order and were ordered to leave Canada.

I hope your Inland application thwarts this letter.
 

Carlaganda23

Hero Member
Jan 8, 2014
590
8
Halifax Nova Scotia
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
Ponga said:
I wasn't aware that you had received a refusal order and were ordered to leave Canada.

I hope your Inland application thwarts this letter.
Most of the cases it is like that Ponga if your restoration was refused. It means your out of status its a normal protocol but its not departure letter yet. We have talked to the Supervisor in the CIC that put notes in my file about Inland Sponsorship so CBSA were aware about my case. My partner was worried that CBSA may come in our house. So, he was very firm about CIC that im not going home and my application will be soon reached in CPC-M and that was last January 2014.
 

Ponga

VIP Member
Oct 22, 2013
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Carlaganda23 said:
Most of the cases it is like that Ponga if your restoration was refused. It means your out of status its a normal protocol but its not departure letter yet. We have talked to the Supervisor in the CIC that put notes in my file about Inland Sponsorship so CBSA were aware about my case. My partner was worried that CBSA may come in our house. So, he was very firm about CIC that im not going home and my application will be soon reached in CPC-M and that was last January 2014.
That's good to know.

So, your partner basically told CIC that you're not going home...even if they [ or CBSA] tell you to go home?!?! Wow...That's true love...

and a big pair of brass balls! LOL! :eek:
 

Carlaganda23

Hero Member
Jan 8, 2014
590
8
Halifax Nova Scotia
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
Ponga said:
That's good to know.

So, your partner basically told CIC that you're not going home...even if they [ or CBSA] tell you to go home?!?! Wow...That's true love...

and a big pair of brass balls! LOL! :eek:
[/quote

He was very adamant about CIC and talked to them all the time, since I was hysterical and panicking. Yes CIC told me I have to go home ASAP.. But he was firm to then and he talked to the CIC Supervisor about my case. He persuaded them to put notes on my file about my Inland Application so CBSA can see it in my file in the immigration.

Anyhow, I sent my application already and hope for the best. Thank you for the help Ponga your the best!
 

Carlaganda23

Hero Member
Jan 8, 2014
590
8
Halifax Nova Scotia
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
14-02-2014
AOR Received.
20-06-2014
Med's Done....
12-05-2015
LANDED..........
SA, AIP and DM May 21th, 2015 Landed: June 12, 2015
Ponga said:
That's good to know.

So, your partner basically told CIC that you're not going home...even if they [ or CBSA] tell you to go home?!?! Wow...That's true love...

and a big pair of brass balls! LOL! :eek:
Yeah it is indeed true love...Yeah my partner persuaded the CIC Supervisor to put notes on my file about applying Inland so, CBSA were aware about my file in the Immigration.
 

Ouii

Newbie
Mar 3, 2016
1
0
Carlaganda23 said:
Most of the cases it is like that Ponga if your restoration was refused. It means your out of status its a normal protocol but its not departure letter yet. We have talked to the Supervisor in the CIC that put notes in my file about Inland Sponsorship so CBSA were aware about my case. My partner was worried that CBSA may come in our house. So, he was very firm about CIC that im not going home and my application will be soon reached in CPC-M and that was last January 2014.

Hi Carlaganda23, seems like I'm in the same situation as you were. I've received a letter of refusal to my restoration(as a visitor) about 2 weeks ago and we are now trying to figure out how could I remain in Canada as we submitted inland sponsorship since July 2015. Now, my husband and I are so worried and wondering how we could reached CIC supervisor to inform them about my situation.

Or any ways/ones else I should go contact about my circumstance or appeal to remain in Canada until get further news on my PR?

Thank you in advance and looking forwards to hearing from you.
 

Ponga

VIP Member
Oct 22, 2013
10,155
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Ouii said:
Hi Carlaganda23, seems like I'm in the same situation as you were. I've received a letter of refusal to my restoration(as a visitor) about 2 weeks ago and we are now trying to figure out how could I remain in Canada as we submitted inland sponsorship since July 2015. Now, my husband and I are so worried and wondering how we could reached CIC supervisor to inform them about my situation.

Or any ways/ones else I should go contact about my circumstance or appeal to remain in Canada until get further news on my PR?

Thank you in advance and looking forwards to hearing from you.
Unfortunately, you're probably ~ 9 months away from getting first stage approval (known as AIP, or Approval in Principle). This is the stage where CBSA is generally not so concerned about your status, because they know that you have (in essence) now been deemed qualified to apply for PR, because you have an approved sponsor and your relationship has been verified/approved.

Most Inland applicants are allowed to stay, but those that have received a letter telling them to leave Canada, may already be on CBSA's radar. CBSA can ask CIC to expedite the processing of your application to reach AIP stage (within 60 days), but CIC does not have to comply with their request.



I know that Carlaganda23 was successful in remaining in Canada, after receiving a letter, and landed without any problems. I wish the same for you.
 

kisaki

Full Member
Sep 17, 2015
44
3
123
Montreal
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
08-12-2014
AOR Received.
01-04-2015
Hi there, hope I can help you, as I have been in the exact same situation.

We sent the file in September 2014. The file was returned November 27th for a missing document. I filed the document properly and sent the file back. Being new in this fantastic immigration world, I only realized in late January that the return of application meant my boyfriend was out of status. Then I called the very helpful call center and the agent told me my boyfriend lost his status on November 27th, the date the package was sent back. So I sent a request for restoration of status. Then I figured the agent had misinformed me and my boyfriend had lost his status in September, as his visitor visa expired in September. So the restoration request was refused and I received the exact same letter and tripped sh**.

But let me tell you, DO NOT WORRY. As you already sent the application (I think???), from what I've been told, you can stay. It is the standard procedure to sent that letter and ask people to leave right away when the restoration is refused. I seeked advice from a friend who was in the same situation and it was not a problem. As long as you don't get a letter from CBSA demanding that you leave before x date, you're good. My friend was out of status like you and landed recently. I am close to be done with the process too.

Really do not panic with that and good luck for the rest of the process.
 
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Aquakitty

VIP Member
Mar 21, 2011
3,015
162
BC
Category........
FAM
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Ottawa
App. Filed.......
04-03-2015
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Med's Done....
28-01-2015 Upfront
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Waived
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N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
It is just another crapshoot really, it depends on each situation. My husband also got that "leave immediately" letter at one point, and he stayed for another year and a half before we left, then came back with no problems. If only I could bottle the stress this caused us and dump it on some politicians or something. Thank goodness for medications 8)

But, he is from the US, so they might not be so lenient depending on your country. Still, there's really nothing you can do if you have an inland app and are out of status. You just need to stay below the radar for a year or so ::)

As to how that person from 2014 talked to a supervisor, I have no idea. Maybe it was a call center supervisor? heh.
 

Save2018

Newbie
Oct 25, 2018
1
0
Hi Carlaganda23, seems like I'm in the same situation as you were. I've received a letter of refusal to my restoration(as a visitor) about 2 weeks ago and we are now trying to figure out how could I remain in Canada as we submitted inland sponsorship since July 2015. Now, my husband and I are so worried and wondering how we could reached CIC supervisor to inform them about my situation.

Or any ways/ones else I should go contact about my circumstance or appeal to remain in Canada until get further news on my PR?

Thank you in advance and looking forwards to hearing from you.
I’m in the same boat, may I know what happened to your inland spousal sponsorship application?