WHAT WOULD BE YOUR NEXT STEP?!

[lachococinna]

Suppose there is this ''someone''.
This person requested for an ETA last November and that request is still pending till this day.
This person still successfully entered Canada 'by road' via US borders (this person has a valid ESTA).
This person has been granted a Visitors Visa for 'TEN DAYS'.
During the stay of these ten days, this person filled for an extension on their Visitors Visa.
This request had been denied.
Within the same ten days, this person filed for his permanent residency.
The process has been going on strong and hopeful.
This person received a letter to complete their Biometrics. But in order to do so, this person has to leave the country.
But without any temporary entry back into Canada, the situation looks complicated or nearly impossible...

This person will be able to do his Biometric in the US. But will be denied his entry to re-enter Canada to wait on the answer.

WHAT WOULD YOU RECOMMEND THIS PERSON TO DO NEXT? PLEASE FEEL FREE TO RESPOND AND KEEP IN MIND TO STAY RESPECTFUL.

note: This same person is obligated to come to the witness stand to testify in November in Canada!

 

[zardoz]

Suppose there is this ''someone''.
This person requested for an ETA last November and that request is still pending till this day.
This person still successfully entered Canada 'by road' via US borders (this person has a valid ESTA).
This person has been granted a Visitors Visa for 'TEN DAYS'.
During the stay of these ten days, this person filled for an extension on their Visitors Visa.
This request had been denied.
Within the same ten days, this person filed for his permanent residency.
The process has been going on strong and hopeful.
This person received a letter to complete their Biometrics. But in order to do so, this person has to leave the country.
But without any temporary entry back into Canada, the situation looks complicated or nearly impossible...

This person will be able to do his Biometric in the US. But will be denied his entry to re-enter Canada to wait on the answer.

WHAT WOULD YOU RECOMMEND THIS PERSON TO DO NEXT? PLEASE FEEL FREE TO RESPOND AND KEEP IN MIND TO STAY RESPECTFUL.

note: This same person is obligated to come to the witness stand to testify in November in Canada!

On what basis was PR applied for? A PR application, in it's own right, provides absolutely no status in Canada.
If entry was allowed for only 10 days and an extension was denied, "someone" is out of status anyway and must leave Canada. So, what's the issue?

 

[canuck_in_uk]

Suppose there is this ''someone''.
This person requested for an ETA last November and that request is still pending till this day.
This person still successfully entered Canada 'by road' via US borders (this person has a valid ESTA).
This person has been granted a Visitors Visa for 'TEN DAYS'.
During the stay of these ten days, this person filled for an extension on their Visitors Visa.
This request had been denied.
Within the same ten days, this person filed for his permanent residency.
The process has been going on strong and hopeful.
This person received a letter to complete their Biometrics. But in order to do so, this person has to leave the country.
But without any temporary entry back into Canada, the situation looks complicated or nearly impossible...

This person will be able to do his Biometric in the US. But will be denied his entry to re-enter Canada to wait on the answer.

WHAT WOULD YOU RECOMMEND THIS PERSON TO DO NEXT? PLEASE FEEL FREE TO RESPOND AND KEEP IN MIND TO STAY RESPECTFUL.

note: This same person is obligated to come to the witness stand to testify in November in Canada!

If you leave to do biometrics, you will not be allowed back in until your PR app is approved. If you don't leave and don't complete biometrics, your PR app will be refused and you will probably end up being removed from Canada. Your choice.

 

[lachococinna]

On what basis was PR applied for? A PR application, in its own right, provides absolutely no status in Canada.
If entry was allowed for only 10 days and an extension was denied, "someone" is out of status anyway and must leave Canada. So, what's the issue?

Thanks for the reply.

The issue is leaving, knowing there is a big chance you will have to wait a long time for any reply on the PR and living in uncertainty abroad, where you have nothing.
Hence being NO development on this person's ETA. It's still pending and the reason is unknown. Nobody can give a clear answer on that. Which is unbelievable!

Long story short: Person lived in Canada for years.
Had a common in law and open work permit.
Broke up.
Left the country for sick mother. (mother is healed now. Don't worry, the paperwork is there!)
And wants to start a new life in Canada ''again'' where this person has everything they have build-up.

This person's mistake was leaving Canada without giving CIC or anyone a notice. And losing their credibility to re-enter the country and STAY.

I would like to find out what else can this person can try. To go after the ETA? Re-apply for an extension? Try to start a restoration?

Any Suggestions?

 

[zardoz]

Thanks for the reply.

The issue is leaving, knowing there is a big chance you will have to wait a long time for any reply on the PR and living in uncertainty abroad, where you have nothing.
Hence being NO development on this person's ETA. It's still pending and the reason is unknown. Nobody can give a clear answer on that. Which is unbelievable!

Long story short: Person lived in Canada for years.
Had a common in law and open work permit.
Broke up.
Left the country for sick mother. (mother is healed now. Don't worry, the paperwork is there!)
And wants to start a new life in Canada ''again'' where this person has everything they have build-up.

This person's mistake was leaving Canada without giving CIC or anyone a notice. And losing their credibility to re-enter the country and STAY.

I would like to find out what else can this person can try. To go after the ETA? Re-apply for an extension? Try to start a restoration?

Any Suggestions?

So, this is an Express Entry PR application, possibly under CEC?
If that's the case then there is no protection at all for being out of status.
This "someone" will have to leave Canada and apply for a visa from abroad, assuming that an eTA is not granted. There is no option to stay in Canada illegally with no status, as this could result in deportation. If an extension has already been denied, I'm not sure what benefit there would be applying for restoration.

 

[lachococinna]

If you leave to do biometrics, you will not be allowed back in until your PR app is approved. If you don't leave and don't complete biometrics, your PR app will be refused and you will probably end up being removed from Canada. Your choice.

Thanks for the reply.

Believe it or not. I was actually already aware of the two options you gave. I hope I made that fact clear in my first message. Trust me, I aware.

To be clear: There is no way you will be granted entry into Canada if your PR is pending (after the biometrics)? Even if you are able to show a Visitors Visa or ETA? You have to wait abroad until you get an answer?

Thanks in advance!

 

[zardoz]

Thanks for the reply.

Believe it or not. I was actually already aware of the two options you gave. I hope I made that fact clear in my first message. Trust me, I aware.

To be clear: There is no way you will be granted entry into Canada if your PR is pending (after the biometrics)? Even if you are able to show a Visitors Visa or ETA? You have to wait abroad until you get an answer?

Thanks in advance!

The PR application will give no entry advantage.

 

[lachococinna]

The PR application will give no entry advantage.

What about ''someone's courtdate? Could that be of any use to delay the process of leaving the country? Isn't that a crime? Not witnessing when summoned for?

Thanks for the fast reply

 

[zardoz]

What about ''someone's courtdate? Could that be of any use to delay the process of leaving the country? Isn't that a crime? Not witnessing when summoned for?

Thanks for the fast reply

That might be a justification for issuing a new visa. The court date is November, so that's plenty of time to apply from abroad. Contact an Canadian immigration lawyer for professional advice.

 

[canuck_in_uk]

Thanks for the reply.

Believe it or not. I was actually already aware of the two options you gave. I hope I made that fact clear in my first message. Trust me, I aware.

To be clear: There is no way you will be granted entry into Canada if your PR is pending (after the biometrics)? Even if you are able to show a Visitors Visa or ETA? You have to wait abroad until you get an answer?

Thanks in advance!

And I reiterated your 2 options. You have no other options. You are not a Canadian citizen or PR and have zero right of entry. You are in Canada illegally and failed to follow the restriction of stay imposed by CBSA; you can therefore expect CBSA to refuse you entry.

 

[lachococinna]

And I reiterated your 2 options. You have no other options. You are not a Canadian citizen or PR and have zero right of entry. You are in Canada illegally and failed to follow the restriction of stay imposed by CBSA; you can therefore expect CBSA to refuse you entry.

Thanks for your reply.
I will be sure to forward your message. Even though it looks like you are referring this all to me personally.
To be perfectly clear. This has nothing to do with me. But what do you care... I care about my friend and their well-being. It doesn't hurt to ask questions or gain more knowledge.

Take care!

 

[lachococinna]

That might be a justification for issuing a new visa. The court date is November, so that's plenty of time to apply from abroad. Contact an Canadian immigration lawyer for professional advice.

Thanks!

What about applying for a PR in the country (Canada)? Is this person still able to wait (in Canada) while the PM is submitted and pending (I'm being naive about it on purpose. I'm trying to find out where the cracks are).

You are very kind for reacting on all of my questions!

 

[canuck_in_uk]

Thanks for your reply.
I will be sure to forward your message. Even though it looks like you are referring this all to me personally.
To be perfectly clear. This has nothing to do with me. But what do you care... I care about my friend and their well-being. It doesn't hurt to ask questions or gain more knowledge.

Take care!

A lot of people on the forum use "someone" or "my friend", usually when "someone" has done something wrong. I choose not to believe it. That doesn't change my answers.

 

[zardoz]

Thanks!

What about applying for a PR in the country (Canada)? Is this person still able to wait (in Canada) while the PM is submitted and pending (I'm being naive about it on purpose. I'm trying to find out where the cracks are).

You are very kind for reacting on all of my questions!

Maybe I wasn't clear. A PR application gives you no status, implied or otherwise. It does NOT entitle "someone" to wait in Canada for it to be processed.

 

[zardoz]

A lot of people on the forum use "someone" or "my friend", usually when "someone" has done something wrong. I choose not to believe it. That doesn't change my answers.

Hmm... https://www.canadavisa.com/canada-immigration-discussion-board/threads/re-enter-canada-because-of-subpoena.649217/

I am leaving Canada due to an expired Visitors Visa.
My request for extension got denied.
During my stay, I received a Subpoena from the Justice Court to witness (against crime)!

Am I legally obligated to re-enter Canada to witness?
Will the Subpoena be enough evidence to prove I need to be in Canada?
Should I get a Visa because of the Subpoena?
What happens if don't have the right papers at the right time and miss my court date? Will that intervene with me possibly applying for residency in the future?

Any suggestion will help. Thanks in advance!