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Visitor record refusal

SharanThind

Member
Feb 19, 2021
19
0
Hi everyone
I hope someone can help me out I had applied visitor record permit in 2019 visitor record refused in Jan 2020 ,but it didn’t say I have 90 days to leave Canada, but it’s says (you are person without temporary status who’s not eligible under restoration act 182 immigration of Canada and refugee protection regulations.)
Then in August 2020 I have applied in express entry pool with Canadian experience class and valid documentation with 452 points, now I got invitation to apply PR in Canada but I am afraid if I apply further they can refuse my PR because I didn’t have any status in Canada
During Jan 2020 to Feb 2021 when I got ITA, but during this time I didn’t work in Canada .And I stayed in Canada because of COVID-19.Pls help me out with this question does it gonna effect my application for PR in future. I am very worried now, can’t go back home because of family commitments, even couldn’t tell my family because they have lots of expectations from me.
Pls help me.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Once you no longer have status you are expected to leave. You have been in Canada without status for over a year. When exactly did you lose your status in Canada?

Without status you can't apply for PR from within Canada. How have you been supporting yourself in Canada?
 

SharanThind

Member
Feb 19, 2021
19
0
In Jan 2020, but after that Pandemic started so I didn’t work and update my profile in express entry within 90 days.I thought I am safe but now I got invitation what should I do?Thanks
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In Jan 2020, but after that Pandemic started so I didn’t work and update my profile in express entry within 90 days.I thought I am safe but now I got invitation what should I do?Thanks
To the best of my knowledge you need to leave Canada and submit your application from outside of Canada. I don't believe it's possible to apply from within Canada without status.
 
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scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Any possibility it was Jan 30th?
Even if it was, I don't think this helps the OP. They would still need to apply to restore their status and I don't think they have sufficient runway to get this done before the application has to be submitted.

IMO - I would play it safe. Leave Canada and apply from outside of Canada.
 

SharanThind

Member
Feb 19, 2021
19
0
But my main concern was it doesn’t say on letter I have to leave immediately in 90 days.That’s why I am staying here
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
But my main concern was it doesn’t say on letter I have to leave immediately in 90 days.That’s why I am staying here
That's a really unfortunate interpretation. The letter told you that you had no status. And you assumed that no status = ability to stay in Canada?

You are actually quite lucky that CBSA is not knocking on your door. These letters generally say "you must leave Canada" and don't give you a time frame because it's supposed to be immediate.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Even if it was, I don't think this helps the OP. They would still need to apply to restore their status and I don't think they have sufficient runway to get this done before the application has to be submitted.

IMO - I would play it safe. Leave Canada and apply from outside of Canada.
True but given that she has not told her family about her status she could technically withdraw her application, try to restore if she lost status Jan 30th and reapply for EE. Would be much easier to leave and apply for PR. It would also be less expensive if she isn't actually working in Canada since remaining unemployed for 1 year without funds must be very difficult.
 
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k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
In fact the standard form of the letter you received typically says in bold red text after the sentence you quoted:

"You must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,758
That's a really unfortunate interpretation. The letter told you that you had no status. And you assumed that no status = ability to stay in Canada?

You are actually quite lucky that CBSA is not knocking on your door. These letters generally say "you must leave Canada" and don't give you a time frame because it's supposed to be immediate.
Canada rarely knocks on people's doors unless you commit a crime.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
Canada rarely knocks on people's doors unless you commit a crime.
Yeah, this is true, but it's still an amazingly impressive interpretation to ignore the standard form letter's next sentence that tells refused visitor record applicants to leave Canada immediately.
 

SharanThind

Member
Feb 19, 2021
19
0
In fact the standard form of the letter you received typically says in bold red text after the sentence you quoted:

"You must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."
No it wasn’t saying in my letter