Urgent / status expired in Canada/ Renewal application not received

[maple]

I am currently in Canada and I came on study permit. It expired last May and before it expired I sent my application to the immigration renewal office in Alberta for renewal. It took too long for them to respond so I called them the other day, they confirmed that they have no record of my application though I have confirmation receipt from Canada post that the application was successfully received by the immigration renewal office, now Canada post are doing their investigation to confirm that it actually was received by the immigration office in Alberta,
what worries me is, is this issue affecting my PR application in Buffalo, is there a relation between renewal immigration office in Canada and Buffalo immigration, will they be informed about this issue, I am afraid that they would understand it as illegal status in Canada, does anyone have an idea?

 

[maple]

any advice?

 

[professional 1]

I am currently in Canada and I came on study permit. It expired last May and before it expired I sent my application to the immigration renewal office in Alberta for renewal. It took too long for them to respond so I called them the other day, they confirmed that they have no record of my application though I have confirmation receipt from Canada post that the application was successfully received by the immigration renewal office, now Canada post are doing their investigation to confirm that it actually was received by the immigration office in Alberta,
what worries me is, is this issue affecting my PR application in Buffalo, is there a relation between renewal immigration office in Canada and Buffalo immigration, will they be informed about this issue, I am afraid that they would understand it as illegal status in Canada, does anyone have an idea?

If CIC has already accepted your application at buffalo visa office and determined that it is complete and eligible for being processed at their office, the application eligibility date will be locked in at the time they recieved it in the CIO nova scotia (as they state in the (Operational Bulletin) and they will not ask you to prove your status again in canada once you have already done that properly at the first stage. However it is a kind of tricky because of the following reasons :

First of all, although they will not ask you again to prove your legal status in canada, they might ask you to attend an interview at their office (Buffalo) as a part of processing your application (then if you don't already have a USA visa you will not be able to get it from the the USA embassy in canada because simply one of the requirments is to prove your legal status in canada in order to be granted visa for the united states). in such a case you will fail to attend the interview at BUffalo office !! which might cause refusal for your application, and if you already have a USA visa and you are out of status in canada you will never be able to enter canada agian after your interview at BUffalo.


Secondly,if they ask you at Buffalo office later to submit an RCMP fingerprint as a part of processing your application, it might be a big problem because when they do their security checks on you, they will find that you are out of status !!

Thirdly, if buffalo visa office ask you to update any police clearance from countries that you have lived in after the age of 18, the embassies of those countries might ask you to prove your legal status in canada in order to proceed to the issuance of your police clearance ! same as my situation with the jordanian and saudi arabian embassies.


For the other point (study permit renewal issue), do you have the signature and name of the person who has recieved your application at the immigration department ?(from post canada), and have you checked whether your money order for the study permit renewal has been cashed or still outstanding ?

 

[maple]

Thank you for replying, it sure was helpful. My interview is waived and I did submit the RCMP in April 2009, I am awaiting the ppr now. I do have confirmation receipt from the Canada post along with the signature of the person who received my application in Vegreville, Alberta, I also have a photocopy of the payment receipt for the money I paid for the renewal application. I just was worried that Buffalo might think that I am staying illegally in Canada in case they knew that my status expired, and i was worried they might think I did not apply to renew it.

Thanks again

 

[professional 1]

Thank you for replying, it sure was helpful. My interview is waived and I did submit the RCMP in April 2009, I am awaiting the ppr now. I do have confirmation receipt from the Canada post along with the signature of the person who received my application in Vegreville, Alberta, I also have a photocopy of the payment receipt for the money I paid for the renewal application. I just was worried that Buffalo might think that I am staying illegally in Canada in case they knew that my status expired, and i was worried they might think I did not apply to renew it.

Thanks again

Agian, if the above reasons don't apply to your situation, you are fine with Buffalo visa office they will not ask you to prove your status again in canada once you have done that successfully:


"7) Does residing legally in Canada entail holding a study or work permit? Is a temporary resident status after the expiry of a work or study permit sufficient? What happens if an applicant leaves Canada after the work or study permit expires and then re-enters Canada (i.e. as a visitor)?

The Ministerial Instructions do not mention work or study permits at all (consult section 8.3 of the OP 6 manual). Generally, applicants must meet the requirements of the Instructions on the application received date. Once an application is placed into processing, the eligibility requirements of the Ministerial Instructions no longer apply, unless an error comes to light. Whether an applicant whose application is placed into processing, is still residing legally in Canada as a TFW or student, at any point after processing begins is immaterial."


The source : http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob101.asp


The other point IS VERY IMPORTANT (study permit renewal) i asked you whether you have the name and signature of the person who has recieved your application at the immigration department not only the successful delivery notification without name and signature, because if you have the name and signature printed out from post canada you can go to the nearest immigration office to your place and check whether that person (the name) is really working at immigration canada, then you will have the full right and you will not be considered out of status because it will be the immigration fault not your fault and it will be proved by evidence.

In regard to the money order that you have made, i was asking you if you have an evidence that the immigration department has cashed it or not, you can check that according to the way which you have paid the money. if it was money order made by bank, you can check with that bank if the money order has been cashed or not. If they say yes, ask them for a photocopy of the front and back sides for that money order which they have in their system and the back side in that case will be stamped by the immigration department official seal and the date of cashing the money. if you have made a postal money order, check with the post office branch in which you made the money order(if the answer was it has been cashed), ask them to print out a proof that the money order has been cashed by the beneficiary(immigration canada). am not asking you if you just have a copy of your money order or not, iam asking you if you have a physical evidence that immigration canada has cashed the money or not.

 

[soni_toronto]

Hi ,

I have a similar problem. I have sent my passport for PR visa stamping to NY consulate and they received it on june 30th. I haven't received the passport back yet and my work permit expires in 5 days and I havent applied for renewal of WP. I can still apply for renewal i think, but i don't have all the pages or passport as required in the application. I do have the old work permit copy.

I dont know what to do now? Can I wait for passport to come and do the landing process. Or will my status become illegal ?

Any help is greatly appreciated

Thanks

 

[professional 1]

Hi ,

I have a similar problem. I have sent my passport for PR visa stamping to NY consulate and they received it on june 30th. I haven't received the passport back yet and my work permit expires in 5 days and I havent applied for renewal of WP. I can still apply for renewal i think, but i don't have all the pages or passport as required in the application. I do have the old work permit copy.

I dont know what to do now? Can I wait for passport to come and do the landing process. Or will my status become illegal ?

Any help is greatly appreciated

Thanks

In your situation it is your fault not anyone else fault because you haven't applied for a renewal before at least 3 months from the expiry date of the current status, especially that you are a foriegn worker not international student which means that the renewal of your work permit involves in many stages such as; positive labour market opinion which takes up to three months and not guaranteed that you will get it positive or not unlike the the study permit renewal, which depends only on documents such as acceptance letter or proof of enrolment, transcripts, proof of funds without any need to approval from another department except of the immigration department.

If you get back you passport stamped with the immigration visa, you are fine without any problems and you can land from within canada or at the port of entry. However if you get the passport back without the visa for any reason, that might be a problem because you will lose your legal status in canada and might not be able to restore it.

i don't know why do you guys leave serious matters like those neglected to the end (don't play with immigration canada, immigration officers are unpredictable).

Anyway, hope that you will get your visa soon and land peacefully


Good luck

 

[soni_toronto]

thanks for your reply. im on open work permit and currently without a job, i didnt want to spend more money on work permit renewals , since i thought i will get the pr visa on time. my husband was on study permit from 2 yrs and just graduated, hence i have the open work permit as his dependent. so to renew the permit i need to send in his work permit application, adding me as his dependent. hence i dont need the LMO.

i will send in an application tomorrow, but i dont know how much tht will help

 

[professional 1]

thanks for your reply. im on open work permit and currently without a job, i didnt want to spend more money on work permit renewals , since i thought i will get the pr visa on time. my husband was on study permit from 2 yrs and just graduated, hence i have the open work permit as his dependent. so to renew the permit i need to send in his work permit application, adding me as his dependent. hence i dont need the LMO.

i will send in an application tomorrow, but i dont know how much tht will help

Actually i don't know what to say in your situation because you are saying that the current status will be expired within 5 days, so am not sure if you can make sure that your application will be recieved by immigration canada before the exact expiry date or not, because if they recieve it after one day of the expiry, they will refuse it after 3 months processing and send you (an order to leave canada) because your status is expired and you have not even applied for restoration (by paying the fine). if (hopefully no) you get removal order, you will have to leave canada and that case might negatively affect your immigration application if you haven't recieved your visa yet.


Again, hope that you will get your visa soon and land peacefully

 

[professional 1]

my husband was on study permit from 2 yrs and just graduated, hence i have the open work permit as his dependent.

Do you mean that you are an accompanying spouse for your husband ? if yes, there is no probelm because you will not be out of status since your current status is originaly connected to his status regardless your work permit. As long as he is still residing legally in canada, you will be the same exactly. (so no need to worry about your work permit because you are not a foriegn worker, you are originally accompanying dependent)

 

[soni_toronto]

thanks for your quick replies, i still need to apply for his post-graduate work permit, i m just doing tht right now so i can send it by express post tomorrow morning

 

[professional 1]

thanks for your quick replies, i still need to apply for his post-graduate work permit, i m just doing tht right now so i can send it by express post tomorrow morning

yup, that is if you want to keep working while accompanying him in canada, but there is no any effect negatively or positively on your permanent residence application because as i told you (you are still residing legally in canada as long as he does) but you cannot work while living here without the valid work permit. that is it.

Good luck.

 

[maple]

Thank you for replying, it sure was helpful. My interview is waived and I did submit the RCMP in April 2009, I am awaiting the ppr now. I do have confirmation receipt from the Canada post along with the signature of the person who received my application in Vegreville, Alberta, I also have a photocopy of the payment receipt for the money I paid for the renewal application. I just was worried that Buffalo might think that I am staying illegally in Canada in case they knew that my status expired, and i was worried they might think I did not apply to renew it.

Thanks again

Agian, if the above reasons don't apply to your situation, you are fine with Buffalo visa office they will not ask you to prove your status again in canada once you have done that successfully:


"7) Does residing legally in Canada entail holding a study or work permit? Is a temporary resident status after the expiry of a work or study permit sufficient? What happens if an applicant leaves Canada after the work or study permit expires and then re-enters Canada (i.e. as a visitor)?

The Ministerial Instructions do not mention work or study permits at all (consult section 8.3 of the OP 6 manual). Generally, applicants must meet the requirements of the Instructions on the application received date. Once an application is placed into processing, the eligibility requirements of the Ministerial Instructions no longer apply, unless an error comes to light. Whether an applicant whose application is placed into processing, is still residing legally in Canada as a TFW or student, at any point after processing begins is immaterial."


The source : http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob101.asp


The other point IS VERY IMPORTANT (study permit renewal) i asked you whether you have the name and signature of the person who has recieved your application at the immigration department not only the successful delivery notification without name and signature, because if you have the name and signature printed out from post canada you can go to the nearest immigration office to your place and check whether that person (the name) is really working at immigration canada, then you will have the full right and you will not be considered out of status because it will be the immigration fault not your fault and it will be proved by evidence.

In regard to the money order that you have made, i was asking you if you have an evidence that the immigration department has cashed it or not, you can check that according to the way which you have paid the money. if it was money order made by bank, you can check with that bank if the money order has been cashed or not. If they say yes, ask them for a photocopy of the front and back sides for that money order which they have in their system and the back side in that case will be stamped by the immigration department official seal and the date of cashing the money. if you have made a postal money order, check with the post office branch in which you made the money order(if the answer was it has been cashed), ask them to print out a proof that the money order has been cashed by the beneficiary(immigration canada). am not asking you if you just have a copy of your money order or not, iam asking you if you have a physical evidence that immigration canada has cashed the money or not.



Thanks again for replying and explaining.
I do have confirmation from the post office that includes both the name and the signature of the person who received my application, but although I have a copy of the receipt I was given in the bank that shows the amount of money I paid for my renewal application, the money is not cashed yet, so I am wondering what happened exactly at the immigration office in Alberta. They received my application since the beginning of last May, they have not cashed the money and now they say they do not have any record for it! This is not the first time I renew my study permit, but it is the the first time such confusion takes place and I do not know what exactly happened there.

Anyway, as long as this issue does not affect my PR application in Buffalo, then I am not worried because the delay to renew my status is not my fault and I can prove to them that I sent my application a month before it expired.
As for my PR application in Buffalo, I am awaiting my ppr as I applied under the new rules last year and it has been three months since my medical was done. Hopefully it comes very soon.

Good luck to you all and thanks for the reply.