Hello Knowledgeable People,
I am in a very odd situation and my attempts to get clarification from various Govt bodies has sent me down a rabbit hole that melts my brain the longer I continue.
Facts:
1. US Citizen, flew to Canada last Nov, 2014 on NAFTA qualified TWP that expired Mar 27, 2015. Officer stamped my passport and wrote on it MR 27 2015.
2. Exited Canada Mar 27, 2015 and went back to the US, but kept my apartment.
3. Took a bus back to Canada Apr 12, 2015 and requested a 60-day visitor visa on my customs form. Officer asked where I would stay in Canada, and when I said my apartment, he just glanced at my passport, didn't stamp it, and let me in. Had proof of funds and emails from recruiters who were negotiating with me about job offers at a different company than my previous one. Officer never saw them because he never asked, so I counted myself lucky.
4. Exited Canada 3 weeks later and flew back on a redeye Jun 13, 2015. Again asked for a 60-day visitor visa on my customs form. Officer asked why I wanted to come to Canada. I said because I used to work here. She stamped my passport, wrote something on it, and told me just before I walked away that my work permit would expire next month and that I should apply for an extension if I wanted to remain in Canada after that date. Walked away still half asleep from the trip.
5. Upon returning home, I discovered that what she wrote on the stamp (dated Jun 13, 2015) MA 27, 2015.
6. One of the job offers came through, which I've accepted, and I now have a start date in late July, 2015, again NAFTA qualified for TWP that goes til next year.
7. I'm scheduled to go back to the US this coming Tues, Jun 30, 2015 and won't be back until the day before my new job starts.
8. Called CIC a few days ago and asked them to tell me what my current status is - TRW or TRV. Agent told me that I needed to tell her that, not the other way around. ??? After a lot of back and forth and her getting a bit pissy, she finally concluded that:
So... What status am I really? TRW, implied worker, TRV, illegal/statusless? I have not worked since my original TRW expired and left in accordance. I assumed that I was under a TRV valid from Jun 13 to Dec 13 since I asked for a TRV on my customs form. The stamp however shows that I needed to leave before I arrived, which makes no sense. Am I on a TRV from the April 12th date, which then covers me til Oct 12th? If I'm on a TRV, then why do I even need to apply to be restored to a TRV which has not expired yet?? If I'm a TRW and she thought that my permit expired MAY 27, not MAR 27, then does that mean I have 90 days from May 27 to apply for a restoration of status? Or is it 90 days from my original Mar 27 permit? Another immigration forum I read said that the 90 days starts from the date CIC NOTIFIES you to apply for restoration, which isn't necessarily the day your permit expires. If in this case, it does fall under the MAR 27 expiration, then today, Jun 25 is the 90th day. AAAAGGGGGGHHH!!!
Is this even worth doing given I'm leaving the country in 5 days? Should I rent a car/take a bus to the land border this weekend and try a flagpole run? I didn't even know about any of this restoration/90-day business until this afternoon when someone pointed it out to me. And I didn't apply for an extension before my permit expired because I only found out that I wasn't getting renewed 4 days before the expiration (such an awesome employer!). So confused!!
Not sure that I should risk waiting for my land crossing the day before my job starts in case the officer gives me a hard time (even though I have a valid work offer). From reading other sites, I think that I'm supposed to ask the US Officer to stamp my passport when I leave Canada to give proof that I left. I'm in Vancouver, so if I take a bus down to the border, it will be at the Peace Arch, which I've heard is a beast to get through. Also, if I have problems, will the bus wait for me, or just take off if I'm held up for more than the time it takes to process other passengers? Or is it worth going out to the Huntingdon BPO?
To add even more complications to this, since my original TRW was for under 6 months, I got rejected for HIBC/MSP. Speaking to one of their agents, if I get a new TRW, or if I did indeed switch to a TRV at any point, then I have to start the calendar year over and redo the 90-day wait. If I have a Restored TRW, then I should qualify right away. Know that's a different subject, and not necessarily a matter for this forum. But, I'm trying to see if this means it's better to pay all the restoration fees online or just bite the bullet, wait the 90 days again, and get traveler's insurance for in the meantime.
Any light you can shed on my predicament is greatly appreciated!
Thanks!!
BL
I am in a very odd situation and my attempts to get clarification from various Govt bodies has sent me down a rabbit hole that melts my brain the longer I continue.
Facts:
1. US Citizen, flew to Canada last Nov, 2014 on NAFTA qualified TWP that expired Mar 27, 2015. Officer stamped my passport and wrote on it MR 27 2015.
2. Exited Canada Mar 27, 2015 and went back to the US, but kept my apartment.
3. Took a bus back to Canada Apr 12, 2015 and requested a 60-day visitor visa on my customs form. Officer asked where I would stay in Canada, and when I said my apartment, he just glanced at my passport, didn't stamp it, and let me in. Had proof of funds and emails from recruiters who were negotiating with me about job offers at a different company than my previous one. Officer never saw them because he never asked, so I counted myself lucky.
4. Exited Canada 3 weeks later and flew back on a redeye Jun 13, 2015. Again asked for a 60-day visitor visa on my customs form. Officer asked why I wanted to come to Canada. I said because I used to work here. She stamped my passport, wrote something on it, and told me just before I walked away that my work permit would expire next month and that I should apply for an extension if I wanted to remain in Canada after that date. Walked away still half asleep from the trip.
5. Upon returning home, I discovered that what she wrote on the stamp (dated Jun 13, 2015) MA 27, 2015.
6. One of the job offers came through, which I've accepted, and I now have a start date in late July, 2015, again NAFTA qualified for TWP that goes til next year.
7. I'm scheduled to go back to the US this coming Tues, Jun 30, 2015 and won't be back until the day before my new job starts.
8. Called CIC a few days ago and asked them to tell me what my current status is - TRW or TRV. Agent told me that I needed to tell her that, not the other way around. ??? After a lot of back and forth and her getting a bit pissy, she finally concluded that:
- I needed to apply for a restoration of status and change to a visitor and pay $100
- I should apply for a refund of the $100 once I get the approved restoration because basically the Officer at the airport f*cked up
- apply for the new TRW and pay $155, and recommended doing that at the Land Border
- when crossing the border, no passport stamp means 6-mo automatic visitor visa
- a passport stamp with no handwritten date means 6-mo automatic visitor visa
- a passport stamp with a handwritten date means you must vacate Canada by that date
- keep my flight stubs as proof of how I arrived in the country to show the Border Officer in case they think I snuck in
So... What status am I really? TRW, implied worker, TRV, illegal/statusless? I have not worked since my original TRW expired and left in accordance. I assumed that I was under a TRV valid from Jun 13 to Dec 13 since I asked for a TRV on my customs form. The stamp however shows that I needed to leave before I arrived, which makes no sense. Am I on a TRV from the April 12th date, which then covers me til Oct 12th? If I'm on a TRV, then why do I even need to apply to be restored to a TRV which has not expired yet?? If I'm a TRW and she thought that my permit expired MAY 27, not MAR 27, then does that mean I have 90 days from May 27 to apply for a restoration of status? Or is it 90 days from my original Mar 27 permit? Another immigration forum I read said that the 90 days starts from the date CIC NOTIFIES you to apply for restoration, which isn't necessarily the day your permit expires. If in this case, it does fall under the MAR 27 expiration, then today, Jun 25 is the 90th day. AAAAGGGGGGHHH!!!
Is this even worth doing given I'm leaving the country in 5 days? Should I rent a car/take a bus to the land border this weekend and try a flagpole run? I didn't even know about any of this restoration/90-day business until this afternoon when someone pointed it out to me. And I didn't apply for an extension before my permit expired because I only found out that I wasn't getting renewed 4 days before the expiration (such an awesome employer!). So confused!!
Not sure that I should risk waiting for my land crossing the day before my job starts in case the officer gives me a hard time (even though I have a valid work offer). From reading other sites, I think that I'm supposed to ask the US Officer to stamp my passport when I leave Canada to give proof that I left. I'm in Vancouver, so if I take a bus down to the border, it will be at the Peace Arch, which I've heard is a beast to get through. Also, if I have problems, will the bus wait for me, or just take off if I'm held up for more than the time it takes to process other passengers? Or is it worth going out to the Huntingdon BPO?
To add even more complications to this, since my original TRW was for under 6 months, I got rejected for HIBC/MSP. Speaking to one of their agents, if I get a new TRW, or if I did indeed switch to a TRV at any point, then I have to start the calendar year over and redo the 90-day wait. If I have a Restored TRW, then I should qualify right away. Know that's a different subject, and not necessarily a matter for this forum. But, I'm trying to see if this means it's better to pay all the restoration fees online or just bite the bullet, wait the 90 days again, and get traveler's insurance for in the meantime.
Any light you can shed on my predicament is greatly appreciated!
Thanks!!
BL