Urgent about out of status !!

[richard989]

Hi everyone, today I have received my refusal letter of visitor visa restoration. And now I have passed 90 days, and cannot re-apply for restoration again. My case is kind of complicated, needs some experts' opinions.

I came to Canada in 2013 with a student visa. After 2 years study, I have worked with my post graduate work permit. I have applied PR under CEC class on Oct 2nd, 2019 [AOR date is Oct 2nd, 2019]. And I have not got approved yet. Now my issue is that my work permit expired in Aug 2019, before it expired, I have applied for a status change from worker to visitor. However it was rejected in Nov 13th, 2019 because I put short term [6 months] study as my reason. IRCC refusal letter said my status expired on Nov 13th, 2019 and I need to apply for status restoration within 90 days if I want to stay in Canada. Then I applied in Feb 9th, just a few days before deadline. The reason I applied late is I want to get more time to wait for my PR. However a few days ago, IRCC asked me to upload the receipt for biometrics. I was very stupid to upload an explanation letter together with RCMP criminal records.

 

[richard989]

I thought biometrics need finger print and photo. And RCMP criminal record has the same thing. So I wrote in the explanation letter that if RCMP criminal record is not the one they want, please resend me a request, I will do a biometrics immediately. Unfortunately, IRCC just sent me a refusal letter, mentioned that I did not submit the correct documents.
And on the refusal letter, it says may be eligible for restoration of temporary resident status if an application is submitted within 90 days after loss of status and if following examination it is established that the applicant meets the initial requirements for their stay and has complied with any other conditions imposed.
I understand I should immediately leave Canada. I just want to know is there any way I can stay longer, since my home country China is suffering from coronavirus. Most public inter-provincial transportation has been suspended. And a quarantine is required for all people from outside. Considering this risk , is there anything I can consider? In addition, I have a pharmacist licensing exam in May, I am afraid if I go back to China, I am not able to apply for a visitor visa to come back from China.

 

[bellaluna]

The text you bolded is boilerplate text on the refusal letter. Restoration is essentially a one-shot deal, and your application failed.

i’m sorry, but it’s pretty clear you did not follow directions. IRCC is never in the habit of requesting additional requirements if the applicant failed to give them upon initial request.

 

[richard989]

The text you bolded is boilerplate text on the refusal letter. Restoration is essentially a one-shot deal, and your application failed.

i’m sorry, but it’s pretty clear you did not follow directions. IRCC is never in the habit of requesting additional requirements if the applicant failed to give them upon initial request.

I really appreciate your answer. Is there anyway to re-open the case, so I can re-do my biometrics? Or is there any emergency procedures can be considered for coronavirus? Please advise

 

[canuck78]

I really appreciate your answer. Is there anyway to re-open the case, so I can re-do my biometrics? Or is there any emergency procedures can be considered for coronavirus? Please advise

Canada is not going to prevent travel from all of China forever. There isn’t even a ban now.

 

[bellaluna]

I really appreciate your answer. Is there anyway to re-open the case, so I can re-do my biometrics? Or is there any emergency procedures can be considered for coronavirus? Please advise

Get a lawyer.

 

[richard989]

Get a lawyer.

Thanks for your response. I will definitely go for an immigration lawyer

 

[scylla]

I really appreciate your answer. Is there anyway to re-open the case, so I can re-do my biometrics? Or is there any emergency procedures can be considered for coronavirus? Please advise

You can try submitting a case specific inquiry and request reconsideration. You can do this without a lawyer.

I don't know if there's any possibility that reconsideration will be considered or that a lawyer will be able to help you since the error in the application process was yours. However you can certainly try.

Something you may want to talk to a lawyer about is your status and impacts to your PR application. To the best of my knowledge, you need to have valid status in Canada to apply for PR through CEC. It's possible that leaving Canada may be the right decision to prevent your situation from impacting your PR application. A good lawyer will be in the best position to tell you.

 

[richard989]

You can try submitting a case specific inquiry and request reconsideration. You can do this without a lawyer.

I don't know if there's any possibility that reconsideration will be considered or that a lawyer will be able to help you since the error in the application process was yours. However you can certainly try.

Something you may want to talk to a lawyer about is your status and impacts to your PR application. To the best of my knowledge, you need to have valid status in Canada to apply for PR through CEC. It's possible that leaving Canada may be the right decision to prevent your situation from impacting your PR application. A good lawyer will be in the best position to tell you.

Thank you for your kindly response, Scylla. I have been out of status for almost 4 months after my status expired in Nov 13th, 2010. When I received the refusal letter of status restoration on Feb 28th, 2020. I have purchased my flight ticket for Mar 14th, 2020. Is this gonna affect my PR application? Need some information before I see an immigration lawyer.

 

[richard989]

You can try submitting a case specific inquiry and request reconsideration. You can do this without a lawyer.

I don't know if there's any possibility that reconsideration will be considered or that a lawyer will be able to help you since the error in the application process was yours. However you can certainly try.

Something you may want to talk to a lawyer about is your status and impacts to your PR application. To the best of my knowledge, you need to have valid status in Canada to apply for PR through CEC. It's possible that leaving Canada may be the right decision to prevent your situation from impacting your PR application. A good lawyer will be in the best position to tell you.

Also if I apply for a visitor visa at home right away, do you think it will be rejected? Unfortunately My pharmacist licencing exam is on May 23rd, 2020.

 

[scylla]

Thank you for your kindly response, Scylla. I have been out of status for almost 4 months after my status expired in Nov 13th, 2010. When I received the refusal letter of status restoration on Feb 28th, 2020. I have purchased my flight ticket for Mar 14th, 2020. Is this gonna affect my PR application? Need some information before I see an immigration lawyer.

Sorry, I'm not sure.

 

[richard989]

Sorry, I'm not sure.

Thank you for your response. I will go for a lawyer to make sure my PR application is still ok. BTW，do you know anything about changing application from inland to outland, what should I do except changing address? Looking forward for your answers

 

[scylla]

Thank you for your response. I will go for a lawyer to make sure my PR application is still ok. BTW，do you know anything about changing application from inland to outland, what should I do except changing address? Looking forward for your answers

No - I don't.

 

[richard989]

No - I don't.

Sorry, too many questions. But thank you any ways for checking my thread.

 

[Grace2019]

You can try submitting a case specific inquiry and request reconsideration. You can do this without a lawyer.

I don't know if there's any possibility that reconsideration will be considered or that a lawyer will be able to help you since the error in the application process was yours. However you can certainly try.

Something you may want to talk to a lawyer about is your status and impacts to your PR application. To the best of my knowledge, you need to have valid status in Canada to apply for PR through CEC. It's possible that leaving Canada may be the right decision to prevent your situation from impacting your PR application. A good lawyer will be in the best position to tell you.

I have been in a similar situation as yours before I am afraid to say not even the lawyer could help me and wasting money on the lawyer . I had applied for my csq while I was on a post grad work permit and unfortunately I was not able to obtain csq on time I tried to obtain extension before as visitor and and make changes to my post grad work permit as they owed me two months by mistake they gave 12 months all this my lawyer could not do anything . My Csq got suspended along with 18000 applications plus I went to a different lawyer to fight for my case ...
I got a letter from cic to leave canada soon as I lost my status .
So I left Canada , Montreal I got married outside Canada and is coming under family class category .

Maybe your case could be different just be careful with the lawyer you go to ...