I'm trying to help my husband with an application to restore his status in Canada. He's from Turkey, and I'm born in Canada. We've been married for almost a year now. The thing is I had originally understood that once his student visa expired he would still have "implied status" due to us applying for his permanent residence through family sponsorship. Just recently I found out that the regulations apparently changed, and that he cannot legally stay in Canada, because his status is no longer implied unless he continues to renew his visa, and after a lot of searching through immigration website I'm still not even sure if that is true. We only have a little over a week left of the 90 days to make the application to restore his status, but he's already completed his studies. What I'm wondering is when I apply to restore his status do I have to do it as a student visa, or can I change the conditions and restore it as a visitor visa? and is he in fact "out of status" and illegal in Canada if we don't restore it?
Status in Canada is expired and needs restoration. Almost out of time. HELP?!!
- Thread starter CVK86
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CVK86 said:
You need to apply to restore his status to visitor.
He was out of status the day after his study permit expired.
CVK86 said:
Which regulation are you referring to?
If he has submitted an Inland sponsorship application he doesn't need to have legal status, but if he can apply for Restoration of Status I highly recommend doing so. Without status he would not qualify for the Open Work Permit and...there's always a chance that he could be removed by CBSA, although Inland applicants have a certain level of protection.
The Inland Guide was updated in September 2014 to say that legal status is required, but it is NOT...at least, not yet.
It is an inland sponsorship application, and the changes you mentioned are the regulations I was referring to. So we will go ahead with restoring his status as a visitor. Now the only other question I have is when I check the part on the application saying that he is applying to restore his status as a visitor do I check that he is applying for an inital TRV as well? Or was his expired student visa considered the initial visa? Just want to make sure we're applying correctly.
Unfortunately no. I had thought that we weren't able to apply for his open work permit till 4 months the PR application began processing? Just finishing up on the paperwork for all this now, but now I'm confused again. Really wish immigration form questions had more detailed explanations. If he's restoring his status from an expired student visa to a visitor visa using the form IMM5708E.pdf on the question asking the purpose of his visit does his purpose have to be as a student again or should I select family visit?... or Other, and write in his purpose as 'join my family while awaiting permanent residence'?.. his studies are completed so I'm not sure if student is the purpose I should select or not, and he doesn't plan on getting further studies. Also, should I put the dates of his visit from the time he originally came to Canada to a year from now? or what would be the appropriate answer since we are restoring his status in order to change the conditions to an open work permit after its restored?
Did you observe for an open work allow for him when you carried out for inland sponsorship? That ought to deliver him implied repute as well.
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