What to do if EOS is denied?

[Zoopetiz]

Hi! I am a US citizen. I have been living in Canada since the beginning of Covid. I essentially got stuck here because my disabled Canadian fiance (now husband) couldn't cross the border to the US. I'm his 24/7 caregiver, so we were stuck without much of an immigration plan, and separating has never been an option for us.
I entered with my passport, so I was granted 6 months to stay.
My first Extension Of Stay was approved.
I applied for a second one immediately, and explained that I can't apply for permanent residence yet because my husband has been in receipt of social assistance, and therefore, can't sponsor me. He's disabled and currently in the process of getting disability approved.
I explained that I just need to extend my stay while I wait for his disability approval, and I need to maintain legal status so that I can apply for PR, and he can sponsor me. I explained, with proof from his doctor, that I am his 24/7 caregiver and I cannot leave him. We have been struggling to meet the financial requirements for Spousal Sponsorship but we are well on our way there.

On June 6th, my extension was denied because they said they aren't convinced I'll leave by the end of my stay due to my family ties and the amount of time I asked for.
They said I'm welcome to reapply if I can prove I'll meet the requirements but they didn't give me any sort of time frame. Everything I'm reading says I would have 90 days from the date of my application denial, but I need to know: am I here illegally right now? Or do I have implied status until the end of the 90 days? If I reapply, will I officially have maintained Temporary Resident status?

It's so frustrating, the system makes it completely impossible for poor people and I feel so helpless. I am having panic attacks all day and night terrors at night because of the stress of this.
I don't know what to do, if someone could please give us any insight, it would be much appreciated.

 

[scylla]

Hi! I am a US citizen. I have been living in Canada since the beginning of Covid. I essentially got stuck here because my disabled Canadian fiance (now husband) couldn't cross the border to the US. I'm his 24/7 caregiver, so we were stuck without much of an immigration plan, and separating has never been an option for us.
I entered with my passport, so I was granted 6 months to stay.
My first Extension Of Stay was approved.
I applied for a second one immediately, and explained that I can't apply for permanent residence yet because my husband has been in receipt of social assistance, and therefore, can't sponsor me. He's disabled and currently in the process of getting disability approved.
I explained that I just need to extend my stay while I wait for his disability approval, and I need to maintain legal status so that I can apply for PR, and he can sponsor me. I explained, with proof from his doctor, that I am his 24/7 caregiver and I cannot leave him. We have been struggling to meet the financial requirements for Spousal Sponsorship but we are well on our way there.

On June 6th, my extension was denied because they said they aren't convinced I'll leave by the end of my stay due to my family ties and the amount of time I asked for.
They said I'm welcome to reapply if I can prove I'll meet the requirements but they didn't give me any sort of time frame. Everything I'm reading says I would have 90 days from the date of my application denial, but I need to know: am I here illegally right now? Or do I have implied status until the end of the 90 days? If I reapply, will I officially have maintained Temporary Resident status?

It's so frustrating, the system makes it completely impossible for poor people and I feel so helpless. I am having panic attacks all day and night terrors at night because of the stress of this.
I don't know what to do, if someone could please give us any insight, it would be much appreciated.

We can't tell you if you still have status in Canada or if you don't based on the information above. When you were granted the first extension, this would have been given to you until a specific date. What was that date? If that date has passed, you are now out of status in Canada. If that date has not passed, then you still have legal status in Canada.

I'm going to assume that the original extension date you were granted has passed and you are now out of status in Canada. If so, you need to apply to restore your status in Canada within 90 days of receiving the refusal. I would recommend you apply as soon as you can and not wait until the end of the 90 day period. You will remain in Canada without status until the restoration application is approved (this also assumes that the restoration application will be approved). So no, you don't have implied status until the end of the 90 days. You are out of status and will remain out of status until the restoration application is approved. You have not maintained temporary resident status.

For what it's worth, the Canadian sponsorship system is far less strict than the US sponsorship system as it relates to income and sponsoring a partner. So that is at least good news for you. You'd have a much bigger hill to climb the other way around.

 

[scylla]

Hi! I am a US citizen. I have been living in Canada since the beginning of Covid. I essentially got stuck here because my disabled Canadian fiance (now husband) couldn't cross the border to the US. I'm his 24/7 caregiver, so we were stuck without much of an immigration plan, and separating has never been an option for us.
I entered with my passport, so I was granted 6 months to stay.
My first Extension Of Stay was approved.
I applied for a second one immediately, and explained that I can't apply for permanent residence yet because my husband has been in receipt of social assistance, and therefore, can't sponsor me. He's disabled and currently in the process of getting disability approved.
I explained that I just need to extend my stay while I wait for his disability approval, and I need to maintain legal status so that I can apply for PR, and he can sponsor me. I explained, with proof from his doctor, that I am his 24/7 caregiver and I cannot leave him. We have been struggling to meet the financial requirements for Spousal Sponsorship but we are well on our way there.

On June 6th, my extension was denied because they said they aren't convinced I'll leave by the end of my stay due to my family ties and the amount of time I asked for.
They said I'm welcome to reapply if I can prove I'll meet the requirements but they didn't give me any sort of time frame. Everything I'm reading says I would have 90 days from the date of my application denial, but I need to know: am I here illegally right now? Or do I have implied status until the end of the 90 days? If I reapply, will I officially have maintained Temporary Resident status?

It's so frustrating, the system makes it completely impossible for poor people and I feel so helpless. I am having panic attacks all day and night terrors at night because of the stress of this.
I don't know what to do, if someone could please give us any insight, it would be much appreciated.

BTW - your partner can still sponsor you while you are out of status in Canada. It's of course better if you have status. But it's still possible if you are out of status.

I see one complexity with your application if I'm being 100% transparent. Obviously your partner needs to get off regular social assistance and onto disability before the application to sponsor you can be submitted. It sounds like you're well on your way to making that happen which is good news.

The complexity I see is related to income. While there is technically no income requirements to sponsor a spouse, in cases where the sponsoring spouse is on disability, IRCC will often look for evidence that the partner being sponsored won't end up on social assistance once they have PR. Typically the easiest way to address this concern is through showing the sponsored partner is working now (and presumably plans to do the same after relocating to Canada). However in your case you won't be able to show this since you've been in Canada for a while and not working. So once you're ready to apply, you may want to put some thought as to how you will address this. I would personally show evidence of previous employment in the US. If you've started speaking by then to any potential employers in Canada, that would be good to show as well.

Hope this info is helpful. Good luck.

 

[Zoopetiz]

We can't tell you if you still have status in Canada or if you don't based on the information above. When you were granted the first extension, this would have been given to you until a specific date. What was that date? If that date has passed, you are now out of status in Canada. If that date has not passed, then you still have legal status in Canada.

I'm going to assume that the original extension date you were granted has passed and you are now out of status in Canada. If so, you need to apply to restore your status in Canada within 90 days of receiving the refusal. I would recommend you apply as soon as you can and not wait until the end of the 90 day period. You will remain in Canada without status until the restoration application is approved (this also assumes that the restoration application will be approved). So no, you don't have implied status until the end of the 90 days. You are out of status and will remain out of status until the restoration application is approved. You have not maintained temporary resident status.

For what it's worth, the Canadian sponsorship system is far less strict than the US sponsorship system as it relates to income and sponsoring a partner. So that is at least good news for you. You'd have a much bigger hill to climb the other way around.

Sorry about that lack of information. Yes, the original date has passed.

Thank you so much for the help! I just got a number for an immigration consultant so I will call them tomorrow when their office is open

 

[scylla]

Sorry about that lack of information. Yes, the original date has passed.

Thank you so much for the help! I just got a number for an immigration consultant so I will call them tomorrow when their office is open

If the original date has passed, then you are out of status in Canada.

So my two cents is to go with an immigration lawyer if you want advice and not an immigration consultant. We've seen too much bad advice / bad direction from consultants here. Lawyers are unfortunately more expensive.

Of course your call...

Good luck.

 

[canuck78]

Would also add by declaring that you are a caregiver that is actually considered working in Canada which you aren’t legally able to do. Do you have your own savings that you are able to show is supporting your stay?