About Extend and Restoration.

[soilnet]

Hi there,

I am a visitor now and my visitor status expired until May 14, 2014 but my visitor visa is expired on 2022.

I have already applied to extend my visitor 6 months on May 9, 2014 by paper and my carrier tracking showed that the mail have been delivered to Vegreville at May 12.

The reason of my extension is spending more time with my girlfriend who is an international student with a valid study permit.

We were living together from June 1, 2013 in our home country.

We came to Canada on Aug. 20, 2013 and are living together in Toronto.

We have joint bank account, joint credit card and mobile phone bill and all of them are same address from Aug 2013.

Above documents are proved that we are living together from Aug 2013 in Canada.

But we have no idea to prove that we were living together in our home country from June 1 to Aug 20, 2013.

My concerns are blow:

1. If my extension will be refused on July, 2014, such as July 1, 2014. Does it mean that my implied status will expire on July 1, 2014? Then I will got 90 days to restore my status. But how to count the 90 days? Is it counted from May 14 which my status is expired or July 1, 2014 which my extension is refused?


2. If my extension will be refused, We will declare common-law partner and she would spouse me to restore status and apply open work-permit. But we don't know when can we declare for 12 months continuous living together, June 1, 2014 or Aug 20, 2014?

3. The time is most important for us. If from July 1, 2014, I can get 90 days to restore my status, we can wait for Aug 20, 2014 to declare common-law partner, then I can apply open work permit and restore my status. Otherwise, I don't know how to do.

4. If we will declare common-law partner in June 1, 2014, how can we provide that we lived together in our home country?

Any one can give me some advice?

Thanks a lot.

 

[mirzathegr8]

get married and everything will be resolved..........

 

[Jalex23]

1. If my extension will be refused on July, 2014, such as July 1, 2014. Does it mean that my implied status will expire on July 1, 2014? Then I will got 90 days to restore my status. But how to count the 90 days? Is it counted from May 14 which my status is expired or July 1, 2014 which my extension is refused?

"The implied status lasts until Citizenship and Immigration Canada (CIC) decides on your new permit application."
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17

2. If my extension will be refused, We will declare common-law partner and she would spouse me to restore status and apply open work-permit. But we don't know when can we declare for 12 months continuous living together, June 1, 2014 or Aug 20, 2014?

From the moment you can prove it. For example if you are using a lease then whichever the lease date start date is.

3. The time is most important for us. If from July 1, 2014, I can get 90 days to restore my status, we can wait for Aug 20, 2014 to declare common-law partner, then I can apply open work permit and restore my status. Otherwise, I don't know how to do.

Restoration of status means you will be restored the SAME status. It is possible to be relocated in a new category, but I don't think you have a case, yours seems like pushing the laws as much as you can to have it your way, CIC doesn't appreciate that. I wouldn't recommend it nor depend on it.

4. If we will declare common-law partner in June 1, 2014, how can we provide that we lived together in our home country?

The same as in any other place, leases, bank statements, common law declaration, etc. etc.

 

[soilnet]

Thank for response.

About restoration I have another question.

I have read many posts in this forum, I found that extension being refused will be issued a departure order which require I must leave within 30 days.

I am confused that restoration need apply in 90 days after extension refused, but there are requirement for leaving Canada within 30 days.

If I will be refused on July 12, can I wait 40 days to declare common-law and apply restoration status? How do I deal with the departure order?

Thanks again.

 

[Jalex23]

I am confused that restoration need apply in 90 days after extension refused, but there are requirement for leaving Canada within 30 days.

The 90 days start coutning from the moment your valid status expire until CIC reaches a decision. So if CIC reaches a decision in day 10 then the othe 80 days are void.

If I will be refused on July 12, can I wait 40 days to declare common-law and apply restoration status? How do I deal with the departure order?

As I expalined you can't be doing this, that's illegal.

 

[soilnet]

The 90 days start coutning from the moment your valid status expire until CIC reaches a decision. So if CIC reaches a decision in day 10 then the othe 80 days are void.

As I expalined you can't be doing this, that's illegal.

According cic website:

Requirement details

90 Days

Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
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Because I have submit extension application before my status expired, so I should get implied status.
I think that if i will be refused, the 90 days count from the refusal date.

-----------------------------------------------------------
Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, will receive a notice from CPC Vegreville warning them to apply for restoration. Clients will have 90 days from the date their status expired to submit their restoration application and corresponding fee.

 

[Jalex23]

According cic website:

Requirement details

90 Days

Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
----------------------------------------------------------------------
Because I have submit extension application before my status expired, so I should get implied status.
I think that if i will be refused, the 90 days count from the refusal date.

-----------------------------------------------------------
Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, will receive a notice from CPC Vegreville warning them to apply for restoration. Clients will have 90 days from the date their status expired to submit their restoration application and corresponding fee.

Well if that's the way you want to understand it, then so be it.

If you read carefully what you have pasted (and I have quoted) then you will see that you are not eligible.

Good luck.

 

[soilnet]

Thanks.

Bless me to got the extension then I am not confused.

As you say that CIC should not appreciate to see it.

So if I will be refused, I will back home.

If I stay at home 2 weeks then go back, can I enter Canada? (I have multi-entry Visitor Visa expired until 2022)

Which documents should I show to CBSA?

 

[Jalex23]

Thanks.

Bless me to got the extension then I am not confused.

As you say that CIC should not appreciate to see it.

So if I will be refused, I will back home.

If I stay at home 2 weeks then go back, can I enter Canada? (I have multi-entry Visitor Visa expired until 2022)

Which documents should I show to CBSA?

Technically you can, but if you do that then it will be very suspicious to the immigration officer at entry point. He will see in your file:

1) You stayed 6 months
2) You requested to stay even more time and were refused.
3) You were asked to leave two weeks ago.
4) You are spending more time in Canada than in your home country (therefore you are not "visiting")

Many people have tried this and some succeed while others not. It all depends on what's your story and the mood of the immigration officer at entry point.

What to show? Well that's tough, they want proof of you not intending to stay and all 4 points I mentioned say otherwise.

Maybe some other experts in the forum can give you their thoughts. I can't think of any really, IMO it is a coin toss at best.

Wish you the best of lucks!!

 

[soilnet]

Thank for your patience.

Before I leave Canada, I will try to declare common-law partner with my girl friend then I go back to try.

Then I'll show blow documents to CBSA for next entry:
1) Common-law declaration.
2) Photocopy of my partner's passport and study permit.
3) Our join account bank statements with sufficient funds supporting our life for two years until finishing her study.
4) Return ticket for 6 months later.
5) My girl friend's medical exam records for indicating that she need me to take care of her life.

Because her heart is suck, past 8 months, she have called ambulance 2 times and went to another medical exam.
She really need me to accompany with her otherwise she will hardly live alone.
In this extension, I have submitted these medical records for my reasons too, I am very worrying about her.


Then can I success in extension or entry again?

Thanks again.