Urgent! Over 90-day restoration of status.

[Schulz]

Applied through inland spousal sponsorship Oct. 2019. Previous visa (2 year IEC) expired Nov 2019. New visa application returned as incomplete (didn't type my name as well as sign it in ink on one form - harsh but my stupid fault), so lost implied status and had to stop working. Called CIC call centre. Told me to correct signature mistake and re-send application for spousal sponsorship, then apply for restoration of status after getting notification that they had accepted the application this time around. (In hindsight this appears to have been incorrect and I could/should have applied for restoration first or combined with the spousal sponsorship application. Alas, what's done is done.)

I got email saying spousal visa is accepted for processing end of Jan 2020. So I applied for restoration start of Feb 2020. Sent via xpresspost. Tomorrow is the last day of the 90 day restoration period. I just found the package in my mailbox. I check the tracking number. It shows as successfully delivered. It appears that somehow, the Canada Post sorting office mistakenly put the return address as the shipping address, despite there being two colour-coded boxes, one saying TO: and the other FROM:. My question is - if I get a letter of explanation from Canada Post saying they made an error and include this in my application, will there be any leniency shown in this situation? I did everything the official CIC call centre told me to do. I got my application posted in time. Now through someone else's error I've gone over the 90 day period. Not working for 3 months has been tough enough. There's no way I can wait another 9 months or more without working!

Esteemed members, what on earth can I do here?

 

[canuck_in_uk]

Applied through inland spousal sponsorship Oct. 2019. Previous visa (2 year IEC) expired Nov 2019. New visa application returned as incomplete (didn't type my name as well as sign it in ink on one form - harsh but my stupid fault), so lost implied status and had to stop working. Called CIC call centre. Told me to correct signature mistake and re-send application for spousal sponsorship, then apply for restoration of status after getting notification that they had accepted the application this time around. (In hindsight this appears to have been incorrect and I could/should have applied for restoration first or combined with the spousal sponsorship application. Alas, what's done is done.)

I got email saying spousal visa is accepted for processing end of Jan 2020. So I applied for restoration start of Feb 2020. Sent via xpresspost. Tomorrow is the last day of the 90 day restoration period. I just found the package in my mailbox. I check the tracking number. It shows as successfully delivered. It appears that somehow, the Canada Post sorting office mistakenly put the return address as the shipping address, despite there being two colour-coded boxes, one saying TO: and the other FROM:. My question is - if I get a letter of explanation from Canada Post saying they made an error and include this in my application, will there be any leniency shown in this situation? I did everything the official CIC call centre told me to do. I got my application posted in time. Now through someone else's error I've gone over the 90 day period. Not working for 3 months has been tough enough. There's no way I can wait another 9 months or more without working!

Esteemed members, what on earth can I do here?

Unfortunately, you got bad advice from the Call Centre, which is typical for them. You should have applied for Restoration with the PR app.

IRCC won't care about Canada Post's mistake for the simple fact that you had 80ish days before that in which to apply for Restoration but you didn't.

If you are still within the 90 days tomorrow, it is possible to apply for Restoration online.

 

[Schulz]

Unfortunately, you got bad advice from the Call Centre, which is typical for them. You should have applied for Restoration with the PR app.

IRCC won't care about Canada Post's mistake for the simple fact that you had 80ish days before that in which to apply for Restoration but you didn't.

If you are still within the 90 days tomorrow, it is possible to apply for Restoration online.

Appreciate the fast response mate. CIC call centre staff are unfathomably incompetent. am I the fool for trusting them? It would seem so...

There may be a chance I'm not too late. How do I apply online? I wanted to do this initially but had trouble figuring out how to do it through my online account so I sent it postal. Is there any leeway if they receive it on day 91?

If not, what next for me? I am technically an overstayer. Must I leave the country?

 

[canuck_in_uk]

Appreciate the fast response mate. CIC call centre staff are unfathomably incompetent. am I the fool for trusting them? It would seem so...

There may be a chance I'm not too late. How do I apply online? I wanted to do this initially but had trouble figuring out how to do it through my online account so I sent it postal. Is there any leeway if they receive it on day 91?

If not, what next for me? I am technically an overstayer. Must I leave the country?

We never advise people to contact the Call Centre for actual advice.

There is a way to do it online depending on how to answer the questions and including a letter of explanation. I don't know the exact steps. I just know that others have done it.

There is no leeway. The 90 days is immigration law.

You don't have to leave. You can stay while out of status but will not be able to work.