Restoration of status denied, can I still apply for Inland Sponsorship?

[gosia]

yes keep us updated

 

[VioletBlue]

hello, Nope...haven't been deported! Still here

Hi alurra,

Thank you for your advice. I already talked to the CIC about it.

I knew few members here who were out of status for 8 months and just got her permanent residency.
Most of the time, the failed refugees were the ones who got into trouble with removal orders.

 

[anng]

Best of luck Harumi!

Keep us updated. I will let you know how my application go I'm hoping in 6 months or so. I will have a reply from CIC about my application.

Let us know how did it go on your end.

hi carlaganda can i ask why did cic send u a letter to leave? Is it because u wer extending ur stay or something? Have u passed ur application prior to recieving that letter? Thank u

 

[Taurusgirl11]

Received exclusion order and given 2 weeks more to stay -

I have received an exclusion order for overstaying but I have 2 weeks more to finish my grace period of 90 days...I have received my LMO and job offer from my new employer can I still apply for restoration status considering that I have 2 weeks more to stay and I have an LMO and job offer? Please help.

 

[canuck_in_uk]

Re: Received exclusion order and given 2 weeks more to stay -

I have received an exclusion order for overstaying but I have 2 weeks more to finish my grace period of 90 days...I have received my LMO and job offer from my new employer can I still apply for restoration status considering that I have 2 weeks more to stay and I have an LMO and job offer? Please help.

No. You must leave the country to serve out your exclusion period.

 

[Taurusgirl11]

Thanks. I was given a 1 year exclusion. Could I appeal to shorten it? How and which agency handles this? Thanks for your inputs.

 

[Smsm81]

Oh, thank you for the correction; no we would not flagpole then. If we are leaving, and there is a chance things go wrong, we will make the best we can out of this outing. We would do at least a weekend. Also, processing times for Brazil Visa Offices are worse than inland processing times. The trip to Brazil is long and pricey and cannot be done in the last minute. Outland is an option, but might not be the best one in my case...

I now have two options (I might have more, once I manage to find a CIC agent in their Call Centre...):

1. Stay and send the application while being out of status. Risk: a removal procedure being started, being deported, and losing the application.
2. Go for a vacation to the US, resolve my overstay and reset my status and send in the application while in status, then remaining in the country under implied status. Risk: not being allowed in when our vacation is over even though I have a multiple-entry, 3-year visitor visa.

I like to believe they will let me in if my husband comes with me and we explain the situation, but for now, it is a gamble as much as option 1.

I will contact the CIC Call Centre tomorrow and figure out a plan of action. I will keep this thread updated. Big thanks to Alurra71 and Carlaganda23 for their quick replies. And thanks in advance to those who might bring in their advice!

You mentioned that you have visa for U.S. for year ? if so you can simply apply through the Canadian visa at U.S.
According to CIC if you admitted, have valid visa for at least 1 year in any country, you can apply for your visa in that country.
I would do that if I were you; send your Application to Canadian consulate at the U.S. then go there for short trip with your husband. return back with all the documents and pray to meet a good CBSA agent.
That what I can advise you.
Good luck

 

[scylla]

Re: Received exclusion order and given 2 weeks more to stay -

I have received an exclusion order for overstaying but I have 2 weeks more to finish my grace period of 90 days...I have received my LMO and job offer from my new employer can I still apply for restoration status considering that I have 2 weeks more to stay and I have an LMO and job offer? Please help.

There is no 90 day grace period once you've received an exclusion order. You need to leave Canada. You should have left Canada within 30 days of receiving the excludion order.

 

[scylla]

Thanks. I was given a 1 year exclusion. Could I appeal to shorten it? How and which agency handles this? Thanks for your inputs.

You need to apply for an ARC (Authorization to Return to Canada) if you want to return before the year has passed. Based on what we've seen here, you probably won't have any luck shortening your exclusion period (CIC will most likely either refuse it or process the application so slowly that a year will pass anyway). You should plan that you will have to be outside of Canada for a full year before you can return.

 

[zara23]

what happened to you and your situation? Im with

I contacted the CIC Call Centre today and the advice was, simplified:

- leave the country
- apply outland
- you may try to re-enter, but that is the CBSA's decision
- intention to apply for an Inland Spousal Sponsorship is not a legitimate reason for entering Canada with a Visitor's visa (dual intent does not apply)
- even with the inland sponsorship application going, CBSA could still deport me, and the application would not protect me from them

Basically, two refusals and a call today might have put me on their radar; I cannot try to bypass this. An outland application would be the best option if I want to be permanently together with my husband soon. With an ongoing outland application and a valid visitor's visa, I can always enter Canada to visit him, then either try to extend my stay or leave as they request me to. It is a tricky dance, but maybe it is the best choice if we do not wish to be apart for long periods of time. More updates to come!

what happened to you and your situation? I'm in the same position now..

 

[Missrebel801]

Re: Received exclusion order and given 2 weeks more to stay -



No. You must leave the country to serve out your exclusion period.

curious as to why people are saying u must leave. my husband overstayed and cbsa came to my door. he wasn't home and was asked to turn himself in the next day. we did that and were given an exclusion order and deemed inadmissible. our app was ready but not sent in as waiting for a police certificate. the officer was actually very nice. he let my husband go and only said that before they can send anyone home a risk assessment has to be conducted. that risk assessment could take quite some time so he suggested we get app in immeditely. he said if approved for risk ....he could stay...if not he would habe to leave but that hopefully by then we hear something about app. if we haven't we can ask for deferral while waiting . 60 day increments. he said none of this should affect app at all. in the meantime he is to report to cbs a once a month and keep the peace and be of good behavior.

 

[Miraclejj]

curious as to why people are saying u must leave. my husband overstayed and cbsa came to my door. he wasn't home and was asked to turn himself in the next day. we did that and were given an exclusion order and deemed inadmissible. our app was ready but not sent in as waiting for a police certificate. the officer was actually very nice. he let my husband go and only said that before they can send anyone home a risk assessment has to be conducted. that risk assessment could take quite some time so he suggested we get app in immeditely. he said if approved for risk ....he could stay...if not he would habe to leave but that hopefully by then we hear something about app. if we haven't we can ask for deferral while waiting . 60 day increments. he said none of this should affect app at all. in the meantime he is to report to cbs a once a month and keep the peace and be of good behavior.

The problems that you will have is that CBSA and CIC are two different government agencies. They have their own rules and guidelines to conduct their business. CBSA might allow your husband to stay, but CIC may simply just deny your case on the ground of inadmissible, deemed by CBSA. Also, you shouldn't count on the words from one nice CBSA agent, because you will probably find later that the other agents that actually handle your husband's case wouldn't be that nice at all. Well, there were always people got lucky, but in majority cases like that, people would rather suggest others to follow the rules.

 

[Missrebel801]

The problems that you will have is that CBSA and CIC are two different government agencies. They have their own rules and guidelines to conduct their business. CBSA might allow your husband to stay, but CIC may simply just deny your case on the ground of inadmissible, deemed by CBSA. Also, you shouldn't count on the words from one nice CBSA agent, because you will probably find later that the other agents that actually handle your husband's case wouldn't be that nice at all. Well, there were always people got lucky, but in majority cases like that, people would rather suggest others to follow the rules.

thanks for ur reply but I'm so confused now. what rules are u referring to?? if uhe was told they can't send him home now anyways without doing the risk assessment first and told him to get app in asap. did not say anything about leaving at all. so what rule ? where in our situation would it become a rule he had to leave . I'm sorry I'm trying to understand cuz I'm confused and terrified now ty for ur help

 

[Miraclejj]

thanks for ur reply but I'm so confused now. what rules are u referring to?? if uhe was told they can't send him home now anyways without doing the risk assessment first and told him to get app in asap. did not say anything about leaving at all. so what rule ? where in our situation would it become a rule he had to leave . I'm sorry I'm trying to understand cuz I'm confused and terrified now ty for ur help

The rule is simple that is he shouldn't stay in Canada illegally at the first place, and it is the law. But since he stayed illegally anyway, the CBSA will follow the procedure to remove him from Canada, start with remove order, and it will end in a deportation order. Now, if you filed your spousal sponsorship as the CBSA agent suggested, then it will be very rare for CBSA to deport your husband till your case reaches a final decision. On the other hand, when CIC processes your case, they have their own procedures and guidelines to follow, and because your husband's immigration status, your case will be more scrutinized than other regular case and it definitely will be treated as his desperate move to stay in Canada (marriage of convenience). If CBSA deemed your husband is inadmissible and registered that info into the system, CIC will definitely find that out, and they may refuse your case just on the inadmissible ground.

But don't be panic yet. If your marriage is genuine and you have submitted sufficient evidences to prove that your marriage isn't a marriage of convenience, then your husband will be fine. There are tons of people lived in Canada illegally and end up getting their PR through spousal sponsorship.

 

[Missrebel801]

The rule is simple that is he shouldn't stay in Canada illeOk gally at the first place, and it is the law. But since he stayed illegally anyway, the CBSA will follow the procedure to remove him from Canada, start with remove order, and it will end in a deportation order. Now, if you filed your spousal sponsorship as the CBSA agent suggested, then it will be very rare for CBSA to deport your husband till your case reaches a final decision. On the other hand, when CIC processes your case, they have their own procedures and guidelines to follow, and because your husband's immigration status, your case will be more scrutinized than other regular case and it definitely will be treated as his desperate move to stay in Canada (marriage of convenience). If CBSA deemed your husband is inadmissible and registered that info into the system, CIC will definitely find that out, and they may refuse your case just on the inadmissible ground.

But don't be panic yet. If your marriage is genuine and you have submitted sufficient evidences to prove that your marriage isn't a marriage of convenience, then your husband will be fine. There are tons of people lived in Canada illegally and end up getting their PR through spousal sponsorship.

we were married well before cbs a did this. we were married in July and this just happened yesterday. def not for convenience. cbsa even believed that we were genuine. I know people without status have been approved before .
i know a few personally. and that's what we were hoping for . but cbs a caught up to us literraly days nefore I was gonna put app in . they actually found him from doing finf