Visa Extension and Expired Passport

[smacdonald10]

Hello everyone!

I've seen too many people on this website get help with their difficult situations and I thought I would give it a try.

Due to an inconsistency between information on a Belgian government website and the actual real world situation, the process for obtaining a new passport while in Canada is taking much longer than previously expected. Due to this, I am in a state of deciding whether I should leave the country or wait to see if the new passport arrives in time to complete the new visa extension. I'm also desperately trying to find any loophole or information that might allow me to stay in the country. The details are as follows:

I arrived in Canada on Oct 22 under a visitor visa. This visa was extended on April 21 until Oct 12, due to my passport expiring on Oct 12. I have began the process to register as a Belgian visitor at the consulate in Montreal (the added step not mentioned on the government website, and a prerequisite for obtaining a passport in Canada) however they are vague on when the process will be completed (between Tues Sept 29 and Fri Oct 2). Once I am registered, I must go to Mtl to have my biometrics collected and sent to Belgium for passport creation (roughly 10 working day turn around time). This has the passport arriving at the consulate between Oct 12-15.

I already have the visa extension form filled and ready, only requiring the new passport to submit. The consulate informed me that there is no way to get a picture of the info page neither a passport number before it enters into my possession. So I'm stuck waiting as flights to Belgium creep up in price.

At this point, I leave it to the collective wisdom of the forum as to my next step. I want to make a life here in Canada, so staying illegally and jeopardizing my future is highly unwanted. But, spending over $1000 for a return flight to Belgium, if it can be avoided, is also unwelcome.

Does anyone know exactly when an extension has to be submitted to gain implied status? Am I blacklisted as soon as I remain in Canada past Oct 12? Can I apply for extension and attach the passport the day or two later when it arrives? Would a lawyer be of use at this point?

Any information or answers, or referrals, would be eternally appreciated.

 

[scylla]

The extension application must be received by CIC on or before October 12th in order for you to have implied status until a decision is made on the extension application.

If you are unable to submit the extension by October 12th, you will be out of status in Canada as of October 13th. You then have 90 days to submit a restoration of status application (which will cost you an additional $200) along with the visitor extension application. You can then remain in Canada until a decision on the restoration application is made (although you will be without status in the country during that time). A lawyer won't change anything.

 

[Jalex23]

But, spending over $1000 for a return flight to Belgium, if it can be avoided, is also unwelcome.

Investing 1000 dollars in your future is unwelcome? Shouldn't be. I think 1000 is a lousy sum when talking about your future. We all have to make sacrifices in order to achieve our dreams.

Does anyone know exactly when an extension has to be submitted to gain implied status?

You have to file the extension BEFORE the status expires.

Am I blacklisted as soon as I remain in Canada past Oct 12?

You will not be blacklisted as of October 12th. You will be out of status. When that happens you have 90 days to apply to "Restoring your status". This has no negative effect in your future applications.

Can I apply for extension and attach the passport the day or two later when it arrives?

Why wouldn't you? DOyou have any specific reason to believe you can't?

Would a lawyer be of use at this point?

I can't think of anything of value a lawyer might add.... but maybe there is... anyway... a lawyer would be more costly than 1000 bucks.

 

[smacdonald10]

If you are unable to submit the extension by October 12th, you will be out of status in Canada as of October 13th. You then have 90 days to submit a restoration of status application (which will cost you an additional $200) along with the visitor extension application.

You will not be blacklisted as of October 12th. You will be out of status. When that happens you have 90 days to apply to "Restoring your status". This has no negative effect in your future applications.

Thank you very much for this suggestion! This seems like it may be my best course of action at this point. Does this have to be submitted with the visa extension, or is it a seperate process? If it is seperate, is it best to submit the visa extension ASAP or to wait until the Restoration of Status is submitted/complete?

Why wouldn't you? DOyou have any specific reason to believe you can't?

Would the application be considered incomplete before the passport is attached? I don't believe it would allow me to submit without the required documents (passport number and picture of information and visa pages). If it is as simple as submitting the visa extension, then appending the passport later, I wouldn't have a problem in the first place (my passport will arrive quite literally 2-3 days after my status expires.)

 

[Jalex23]

Thank you very much for this suggestion! This seems like it may be my best course of action at this point. Does this have to be submitted with the visa extension, or is it a seperate process? If it is seperate, is it best to submit the visa extension ASAP or to wait until the Restoration of Status is submitted/complete?

When you are out of status you are no longer eligible for extending your visitor status.

Would the application be considered incomplete before the passport is attached? I don't believe it would allow me to submit without the required documents (passport number and picture of information and visa pages). If it is as simple as submitting the visa extension, then appending the passport later, I wouldn't have a problem in the first place (my passport will arrive quite literally 2-3 days after my status expires.)

Sorry I misread your question. You can't submit an application without a passport, so the answer is you can submit the application for status extension as soon as you have your passport.

 

[smacdonald10]

When you are out of status you are no longer eligible for extending your visitor status.

Can you clarify or expound? What am I restoring then? My visitor visa ends on Oct. 12. Is restoration only for when you break your visa stipulations or requirements before it expires? Or does the restoration de facto extend my visitor status?

And can anyone clarify this excerpt from the CIC website RE: Restoration of Status

Applicant requirements

apply within 90 days of having lost their status; and

meet the initial requirements for their stay; and

have not failed to comply with any other condition (such as working without being authorized to do so, etc); and

meet the requirements of the class under which they are currently applying to be restored as a temporary resident.

Have lost their status because they have failed to comply with any of the following conditions

Subsection R185(a)
The period authorized for their stay
Subsection R185(b)(i) to (iii)
The work they are permitted or prohibited from engaging in, in Canada, including the:
type of work;
employer; and
location of work.
Subsection R185(c)
The studies they are permitted or prohibited from engaging in, in Canada, including the:
type of studies or course;
educational institution;
location of studies; and
times and periods of the studies.

The underlined sections appear to contradict themselves

 

[Jalex23]

Can you clarify or expound? What am I restoring then? My visitor visa ends on Oct. 12. Is restoration only for when you break your visa stipulations or requirements before it expires? Or does the restoration de facto extend my visitor status?

Restoration is for a status you no longer have.
Extension is for a status you currently have.

Therefore you can't extend your status passed October 12th as it would have been lost.