Waiting for Restoration of Status & about to apply for Spousal Sponsorship

[barrerasaldana]

Hello everyone,

My husband's visitor extension was refused, so we applied for my husband's restoration of Status end of July 2018, we are still waiting for an answer, we are almost ready to send the Spousal Sponsorship application, any idea of what might happen if the Restoration Application is refused before we send the Spousal Sponsorship application?

Thank you!

 

[zardoz]

Hello everyone,

My husband's visitor extension was refused, so we applied for my husband's restoration of Status end of July 2018, we are still waiting for an answer, we are almost ready to send the Spousal Sponsorship application, any idea of what might happen if the Restoration Application is refused before we send the Spousal Sponsorship application?

Thank you!

He will have to leave Canada. Simply submitting a PR application, even with an OWP application attached, will not restore status or provide fresh status. There is no "implied status" if he is already out of status. It's a common misconception that a PR application provides status; it does not.

 

[barrerasaldana]

He will have to leave Canada. Simply submitting a PR application, even with an OWP application attached, will not restore status or provide fresh status. There is no "implied status" if he is already out of status. It's a common misconception that a PR application provides status; it does not.

I was told by different lawyers that he is able to remain in Canada while the PR application is in process even if he is out of status.

 

[zardoz]

I was told by different lawyers that he is able to remain in Canada while the PR application is in process even if he is out of status.

What that actually means is that they (CBSA) may defer deporting him. That is all...

 

[1887CAN]

I was told by different lawyers that he is able to remain in Canada while the PR application is in process even if he is out of status.

He can stay in Canada out of status whilst the PR application is in process, however, applying for an OWP with no valid status would be pointless as it would simply be declined.

IRCC allows the processing of PR applications with no valid status, there’s been plenty of cases of people who’ve overstayed for years being eventually approved for PR. It should be noted that IRCC does not enforce immigration violations, the CBSA does. IRCC allowing him to stay has no effect on what the CBSA does. If the CBSA flags him for removal, he would have to comply or face being barred from re-entry.

You husband having failed to extend a visa could mean that the CBSA will be monitoring his movements. No-one other that the CBSA will know for certain. If a lawyer has advised you to file inland, I’d proceed quickly. Get the application in and await restoration of status. If that fails, it’s out of your hands hereafter.

 

[Youthberry]

He can stay in Canada out of status whilst the PR application is in process, however, applying for an OWP with no valid status would be pointless as it would simply be declined.

IRCC allows the processing of PR applications with no valid status, there’s been plenty of cases of people who’ve overstayed for years being eventually approved for PR. It should be noted that IRCC does not enforce immigration violations, the CBSA does. IRCC allowing him to stay has no effect on what the CBSA does. If the CBSA flags him for removal, he would have to comply or face being barred from re-entry.

You husband having failed to extend a visa could mean that the CBSA will be monitoring his movements. No-one other that the CBSA will know for certain. If a lawyer has advised you to file inland, I’d proceed quickly. Get the application in and await restoration of status. If that fails, it’s out of your hands hereafter.

Hi, I am now waiting for my visitor record extension and I am afraid that they would refuse it since it would be the third time for me to extend one.
My partner will be able to sponsor me in March next year, but if my visa got refused, we would not be able to maintain 12 months of cohabitation.

My questions are:

Should I try to restore my status as a visitor and apply for sponsorship after? Or, Is it better for us to leave and return in a short period of time? That said, we go on a-week vacation and re-enter.
I am from a visa-exempt country so I can come with eTA. Because the processing time for restoring a status seems very long, I hope I can get a new visa by re-entry instead of restoration.

 

[Youthberry]

Hello everyone,

My husband's visitor extension was refused, so we applied for my husband's restoration of Status end of July 2018, we are still waiting for an answer, we are almost ready to send the Spousal Sponsorship application, any idea of what might happen if the Restoration Application is refused before we send the Spousal Sponsorship application?

Thank you!

Has your husband got his visitor visa, yet?

 

[canuck_in_uk]

Hi, I am now waiting for my visitor record extension and I am afraid that they would refuse it since it would be the third time for me to extend one.
My partner will be able to sponsor me in March next year, but if my visa got refused, we would not be able to maintain 12 months of cohabitation.

My questions are:

Should I try to restore my status as a visitor and apply for sponsorship after? Or, Is it better for us to leave and return in a short period of time? That said, we go on a-week vacation and re-enter.
I am from a visa-exempt country so I can come with eTA. Because the processing time for restoring a status seems very long, I hope I can get a new visa by re-entry instead of restoration.

Better to apply for Restoration than to try to do a border run.

 

[Youthberry]

Better to apply for Restoration than to try to do a border run.

Thank you for your advice.

 

[happybob]

Did he get a visa?

 

[newUser111]

Hi, I am now waiting for my visitor record extension and I am afraid that they would refuse it since it would be the third time for me to extend one.
My partner will be able to sponsor me in March next year, but if my visa got refused, we would not be able to maintain 12 months of cohabitation.

My questions are:

Should I try to restore my status as a visitor and apply for sponsorship after? Or, Is it better for us to leave and return in a short period of time? That said, we go on a-week vacation and re-enter.
I am from a visa-exempt country so I can come with eTA. Because the processing time for restoring a status seems very long, I hope I can get a new visa by re-entry instead of restoration.

Hi there,
I am in the same situatio. Could u please share your experience? Did you apply for sponsorship first and then restoration as a visitor? Did your visitor visa restoration got approved?

 

[Sunny329]

Hello everyone,

My husband's visitor extension was refused, so we applied for my husband's restoration of Status end of July 2018, we are still waiting for an answer, we are almost ready to send the Spousal Sponsorship application, any idea of what might happen if the Restoration Application is refused before we send the Spousal Sponsorship application?

Thank you!

I am in same Situation
My visitiv visa extension refused and now I am applying for restoration of my status
Did your husband got the approval of restoration of the status ????
Did he got his PR ?
I am in same boat

 

[Sunny329]

Hi there,
I am in the same situatio. Could u please share your experience? Did you apply for sponsorship first and then restoration as a visitor? Did your visitor visa restoration got approved?

Hi how are you ? I am in same situation too

 

[barrerasaldana]

Hello,

We sent our spousal application after our Restoration was refused. Our application has been smooth as of now we did medical, sent additional docs, sent our police certificate etc, we are in the Background Check part now, after that comes the final decision.. my husband stayed with me in Canada (no work permit) so we cannot wait for this process to be over so he can start working. BTW we did keep our lawyer and he is helping us with everything.

To people going through the same situation, wish you all the best, this process can be nerve wrecking ...

 

[Sunny329]

Best of luck ,I hope your husband will get PR soon

Hello,

We sent our spousal application after our Restoration was refused. Our application has been smooth as of now we did medical, sent additional docs, sent our police certificate etc, we are in the Background Check part now, after that comes the final decision.. my husband stayed with me in Canada (no work permit) so we cannot wait for this process to be over so he can start working. BTW we did keep our lawyer and he is helping us with everything.

To people going through the same situation, wish you all the best, this process can be nerve wrecking ...[/QUOT