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Carozamb

Newbie
Dec 14, 2024
2
0
Hello there!
I am a girl Mexican
I have a two-year relationship with another man Mexican, we arrived for second time in February because he was offered a work permit LMIA and I arrived in Canada as a visitor, with him on February 4. On February 28, the laws for Mexicans changed, requiring a visa to enter. In my mind, I had 6 months free to be with my boyfriend here, on July 8, we got married and on August 1, I submitted my IMM5710 application (Application to change conditions, extend my stay or remain in Canada as a worker) before my 6 months ended. In November, I received the application to do my biometrics and on December 5, I received a letter from the government denying me the application, for 3 reasons: X] An application for restoration must be made within 90 days of losing temporary resident status. You are not eligible for restoration of your temporary resident status because your
application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada, your application for a work permit will also be rejected.
[X] You are a person in Canada without temporary resident status who is not eligible for
restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and, as such, must leave Canada.
immediately. If you do not leave Canada voluntarily, coercive measures may be taken against you.

So, my lawyer said that I have to come back to Mexico for apply again outside of Canada. I already booked my flight to go to Mexico and try to apply from abroad with the IMM1295, for an open work permit outside of Canada. My question is: should I have done an extension in addition to the previous section right? Because my lawyer don’t said me that :( and My status expired on August 5 and on August 1 I submitted my application, wasn't I supposed to be on time?
 
Hello there!
I am a girl Mexican
I have a two-year relationship with another man Mexican, we arrived for second time in February because he was offered a work permit LMIA and I arrived in Canada as a visitor, with him on February 4. On February 28, the laws for Mexicans changed, requiring a visa to enter. In my mind, I had 6 months free to be with my boyfriend here, on July 8, we got married and on August 1, I submitted my IMM5710 application (Application to change conditions, extend my stay or remain in Canada as a worker) before my 6 months ended. In November, I received the application to do my biometrics and on December 5, I received a letter from the government denying me the application, for 3 reasons: X] An application for restoration must be made within 90 days of losing temporary resident status. You are not eligible for restoration of your temporary resident status because your
application was submitted after the regulated 90-day period. Since you no longer hold temporary resident status in Canada, your application for a work permit will also be rejected.
[X] You are a person in Canada without temporary resident status who is not eligible for
restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and, as such, must leave Canada.
immediately. If you do not leave Canada voluntarily, coercive measures may be taken against you.

So, my lawyer said that I have to come back to Mexico for apply again outside of Canada. I already booked my flight to go to Mexico and try to apply from abroad with the IMM1295, for an open work permit outside of Canada. My question is: should I have done an extension in addition to the previous section right? Because my lawyer don’t said me that :( and My status expired on August 5 and on August 1 I submitted my application, wasn't I supposed to be on time?

You needed to apply for a visitor record on before August 4th to remain in Canada with status. Applying for an SOWP did not give you implied status. You need to leave Canada and apply for the SOWP from out of Canada. Technically you can try to apply for a TRV and try to reenter Canada as a visitor but that will likely be difficult given the overstay and having a spouse in Canada.