Conflict on Visitor Status and PPR-Please Urgent Help

[PRapplicant1385]

Hi All

I have a processing inland PR application which is almost complete. All the Eligibility, Medical and background checks are complete. I'm currently on implied status (waiting for BOWP) submitted September 15 (old work permit expired Sep 20, 2019) .

My common low completed has a visitor status that expired Sep 20, 2019 as well. Before the expiry, she went to the USA and came back. I assumed that getting back again gives she automatically get 6 months visitor status since her last entry date (Aug 2019) and therefore, I did not submit her a visitor extension. I raised a webform with the USA stamp on her passport to CIC and it was acknowledged.

This week, I got a request letter form CIC saying that she now appears to be a "person in Canada without valid status" asking me to submit evidence for her valid status or that she left Canada.

I'm not sure:

1- Did my assumption about the 6 months validity of her visitor extension was wrong?
2- If it was wrong, what should I do? Should she leave now or apply for restoration?
3- If she should apply for restoration, will they hold my PPR till the restoration (which is 3 months processing)?

@legalfalcon @DelPiero07 @canuck_in_uk

 

[canuck_in_uk]

Hi All

I have a processing inland PR application which is almost complete. All the Eligibility, Medical and background checks are complete. I'm currently on implied status (waiting for BOWP) submitted September 15 (old work permit expired Sep 20, 2019) .

My common low completed has a visitor status that expired Sep 20, 2019 as well. Before the expiry, she went to the USA and came back. I assumed that getting back again gives she automatically get 6 months visitor status since her last entry date (Aug 2019) and therefore, I did not submit her a visitor extension. I raised a webform with the USA stamp on her passport to CIC and it was acknowledged.

This week, I got a request letter form CIC saying that she now appears to be a "person in Canada without valid status" asking me to submit evidence for her valid status or that she left Canada.

I'm not sure:

1- Did my assumption about the 6 months validity of her visitor extension was wrong?
2- If it was wrong, what should I do? Should she leave now or apply for restoration?
3- If she should apply for restoration, will they hold my PPR till the restoration (which is 3 months processing)?

@legalfalcon @DelPiero07 @canuck_in_uk

Did she receive a stamp when she re-entered? If not, she was granted 6 months. How did she travel to Canada? Plane, car, on foot?

 

[legalfalcon]

Hi All

I have a processing inland PR application which is almost complete. All the Eligibility, Medical and background checks are complete. I'm currently on implied status (waiting for BOWP) submitted September 15 (old work permit expired Sep 20, 2019) .

My common low completed has a visitor status that expired Sep 20, 2019 as well. Before the expiry, she went to the USA and came back. I assumed that getting back again gives she automatically get 6 months visitor status since her last entry date (Aug 2019) and therefore, I did not submit her a visitor extension. I raised a webform with the USA stamp on her passport to CIC and it was acknowledged.

This week, I got a request letter form CIC saying that she now appears to be a "person in Canada without valid status" asking me to submit evidence for her valid status or that she left Canada.

I'm not sure:

1- Did my assumption about the 6 months validity of her visitor extension was wrong?
2- If it was wrong, what should I do? Should she leave now or apply for restoration?
3- If she should apply for restoration, will they hold my PPR till the restoration (which is 3 months processing)?

@legalfalcon

1- Did my assumption about the 6 months validity of her visitor extension was wrong?
The 6 months validity does not automatically reset itself when you re-enter a country. If you prior 6 months or a status is valid, you will enter on it. Only after the period expires, will it be reset upon re-entering into a country.
Eg. If you entered Canada on Jan 1, and you were given a max of 6 months to stay, i.e. until June 30. If you leave Canada for a few days and re-enter, before June 30, your visitor stay period will continue to be until June 30, it will not automatically reset.

2- If it was wrong, what should I do? Should she leave now or apply for restoration?
You have 2 options:
1. Apply for restoration. See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
2. Leave Canada and reenter.

3- If she should apply for restoration, will they hold my PPR till the restoration (which is 3 months processing)?
The restoration will have no impact on the processing of your PR application as long as you meet the restoration criteria.

 

[canuck_in_uk]

1- Did my assumption about the 6 months validity of her visitor extension was wrong?
The 6 months validity does not automatically reset itself when you re-enter a country. If you prior 6 months or a status is valid, you will enter on it. Only after the period expires, will it be reset upon re-entering into a country.
Eg. If you entered Canada on Jan 1, and you were given a max of 6 months to stay, i.e. until June 30. If you leave Canada for a few days and re-enter, before June 30, your visitor stay period will continue to be until June 30, it will not automatically reset.

2- If it was wrong, what should I do? Should she leave now or apply for restoration?
You have 2 options:
1. Apply for restoration. See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
2. Leave Canada and reenter.

3- If she should apply for restoration, will they hold my PPR till the restoration (which is 3 months processing)?
The restoration will have no impact on the processing of your PR application as long as you meet the restoration criteria.

Incorrect. Visitor status ends when a person leaves Canada. They are re-assessed as a new visitor upon re-entering. They receive 6 months unless they are issued a Visitor Record or their passport is stamped and a shorter date is written in.

 

[PRapplicant1385]

1- Did my assumption about the 6 months validity of her visitor extension was wrong?
The 6 months validity does not automatically reset itself when you re-enter a country. If you prior 6 months or a status is valid, you will enter on it. Only after the period expires, will it be reset upon re-entering into a country.
Eg. If you entered Canada on Jan 1, and you were given a max of 6 months to stay, i.e. until June 30. If you leave Canada for a few days and re-enter, before June 30, your visitor stay period will continue to be until June 30, it will not automatically reset.

2- If it was wrong, what should I do? Should she leave now or apply for restoration?
You have 2 options:
1. Apply for restoration. See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
2. Leave Canada and reenter.

3- If she should apply for restoration, will they hold my PPR till the restoration (which is 3 months processing)?
The restoration will have no impact on the processing of your PR application as long as you meet the restoration criteria.

That’s for reply.

Will they hold the Pr approval until the restoration is done. It takes 3 months for restoration while PR is now is in final step ? @legalfalcon

 

[PRapplicant1385]

Incorrect. Visitor status ends when a person leaves Canada. They are re-assessed as a new visitor upon re-entering. They receive 6 months unless they are issued a Visitor Record or their passport is stamped and a shorter date is written in.

She was having both visitor visa and visitor records while she returned. Both have the same expiration date

 

[PRapplicant1385]

Did she receive a stamp when she re-entered? If not, she was granted 6 months. How did she travel to Canada? Plane, car, on foot?

No not for the Canadian entry. It was for the us entry which is basically few days before her Canadian reentry

 

[legalfalcon]

Incorrect. Visitor status ends when a person leaves Canada. They are re-assessed as a new visitor upon re-entering. They receive 6 months unless they are issued a Visitor Record or their passport is stamped and a shorter date is written in.

When travelling between US and Canada, this is not true. The duration of stay is determined when the applicant presents himself at the Port of entry. It is at that time, the officer will determine the duration of stay. If a stamp is required, then CBSA officer has to be requested to place one on your passport, for all others it is electronically entered. For applicants with visitor's record or permits, the duration of stay will not reset. If the applicant travels outside Canada and re-enters during the validity of the duration of stay granted, the time WILL NOT reset. Admission will be given into Canada for the same duration, unless expressly petitioned to cancel the existing one and place a new DS. In most cases, CBSA officers will ask the applicant to file an extension upon being admitted if they re-enter during the valid duration of the stay.

Similarly, on the US side too, the CBP officer will place a stamp or electronically record an admitted-until date or "D/S" (duration of status). And the same rule described above applies.

This was done to streamline and avoid administrative difficulties. Frequent travellers between US and Canada are admitted for a duration of 6 months, and during the 6 months they can re-enter unlimited times, upon being inspected at the PoE. Only after the duration of stay entered expires, will a new one be generated, or alternatively the applicant can file for an extension of stay.

 

[canuck_in_uk]

When travelling between US and Canada, this is not true. The duration of stay is determined when the applicant presents himself at the Port of entry. It is at that time, the officer will determine the duration of stay. If a stamp is required, then CBSA officer has to be requested to place one on your passport, for all others it is electronically entered. For applicants with visitor's record or permits, the duration of stay will not reset. If the applicant travels outside Canada and re-enters during the validity of the duration of stay granted, the time WILL NOT reset. Admission will be given into Canada for the same duration, unless expressly petitioned to cancel the existing one and place a new DS. In most cases, CBSA officers will ask the applicant to file an extension upon being admitted if they re-enter during the valid duration of the stay.

Similarly, on the US side too, the CBP officer will place a stamp or electronically record an admitted-until date or "D/S" (duration of status). And the same rule described above applies.

This was done to streamline and avoid administrative difficulties. Frequent travellers between US and Canada are admitted for a duration of 6 months, and during the 6 months they can re-enter unlimited times, upon being inspected at the PoE. Only after the duration of stay entered expires, will a new one be generated, or alternatively the applicant can file for an extension of stay.

This is only true for the US. Canada does not count time in the US towards a person's stay in Canada.

 

[legalfalcon]

This is only true for the US. Canada does not count time in the US towards a person's stay in Canada.

Neither does US count time towards stay outside the US. And neither did I say anything towards counting the time towards that spent outside the Country. The issue is whether upon returning, if the applicant has a valid TRV, and the initial duration of stay has not expired, will the DS reset, and the answer is no.

Please read the IRPR regulation R190(3)(f) and the corresponding OP 12 manual on POE examinations.

(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

• (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
  
  
• (ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

In such cases, the validity of the duration of stay DOES NOT reset, and will continue to remain the same. And this is exactly where the OP's questions and scenarios fits.

The OP 12 further clarifies this and states:


"Regarding work, study, visitor and temporary resident permit applications, it should be noted that the CBSA does not have the authority to renew or extend these permits at the POE, but will assess such requests as a completely new application, as well as the individual’s admissibility to Canada. Individuals seeking entry to Canada at a POE who currently have a valid TR status may be admitted to Canada on the basis of their existing permit and instructed to apply to IRCC in Canada for an extension or renewal."

 

[PRapplicant1385]

Neither does US count time towards stay outside the US. And neither did I say anything towards counting the time towards that spent outside the Country. The issue is whether upon returning, if the applicant has a valid TRV, and the initial duration of stay has not expired, will the DS reset, and the answer is no.

Please read the IRPR regulation R190(3)(f) and the corresponding OP 12 manual on POE examinations.

(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

• (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
  
  
• (ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

In such cases, the validity of the duration of stay DOES NOT reset, and will continue to remain the same. And this is exactly where the OP's questions and scenarios fits.

The OP 12 further clarifies this and states:


"Regarding work, study, visitor and temporary resident permit applications, it should be noted that the CBSA does not have the authority to renew or extend these permits at the POE, but will assess such requests as a completely new application, as well as the individual’s admissibility to Canada. Individuals seeking entry to Canada at a POE who currently have a valid TR status may be admitted to Canada on the basis of their existing permit and instructed to apply to IRCC in Canada for an extension or renewal."

In that case, is it better to do restoration or to leave? If the PR decision will be put on hold till the issue of the restoration (which is 3 months), then it is faster to leave and come back with a CoPR.

 

[canuck_in_uk]

Neither does US count time towards stay outside the US. And neither did I say anything towards counting the time towards that spent outside the Country. The issue is whether upon returning, if the applicant has a valid TRV, and the initial duration of stay has not expired, will the DS reset, and the answer is no.

Please read the IRPR regulation R190(3)(f) and the corresponding OP 12 manual on POE examinations.

(3) A foreign national is exempt from the requirement to obtain a temporary resident visa if they are seeking to enter and remain in Canada solely

to re-enter Canada following a visit solely to the United States or St. Pierre and Miquelon, if they

• (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and
  
  
• (ii) return to Canada by the end of the period initially authorized for their stay or any extension to it;

In such cases, the validity of the duration of stay DOES NOT reset, and will continue to remain the same. And this is exactly where the OP's questions and scenarios fits.

The OP 12 further clarifies this and states:


"Regarding work, study, visitor and temporary resident permit applications, it should be noted that the CBSA does not have the authority to renew or extend these permits at the POE, but will assess such requests as a completely new application, as well as the individual’s admissibility to Canada. Individuals seeking entry to Canada at a POE who currently have a valid TR status may be admitted to Canada on the basis of their existing permit and instructed to apply to IRCC in Canada for an extension or renewal."

The regulation you refer to is in regards to work and study permit holders re-entering from the US on expired TRVs. It has nothing to do with visitors or status in Canada. Visitors cannot travel from the US to Canada with an expired TRV.

Visitor status ends when a person leaves Canada, so the person no longer has a valid status. Unless CBSA indicates via a Visitor Record or a date in the passport that the stay is shortened, the default 6 months applies.

 

[PRapplicant1385]

The regulation you refer to is in regards to work and study permit holders re-entering from the US on expired TRVs. It has nothing to do with visitors or status in Canada. Visitors cannot travel from the US to Canada with an expired TRV.

Visitor status ends when a person leaves Canada, so the person no longer has a valid status. Unless CBSA indicates via a Visitor Record or a date in the passport that the stay is shortened, the default 6 months applies.

She has both visa and visitor records. Both of the same expiry date

 

[legalfalcon]

The regulation you refer to is in regards to work and study permit holders re-entering from the US on expired TRVs. It has nothing to do with visitors or status in Canada. Visitors cannot travel from the US to Canada with an expired TRV.

Visitor status ends when a person leaves Canada, so the person no longer has a valid status. Unless CBSA indicates via a Visitor Record or a date in the passport that the stay is shortened, the default 6 months applies.

That is not true. The regulations and the OP manual are clear on this. If you have a divergent opinion, so be it.

I neither mention expired TRV, the discussion is about someone who was admitted into Canada on a valid TRV, processed at the border and granted admission for the duration of stay. For study permits the DS is for the duration of the program, for WP, it is for the duration of the validity of the work permit, for visitor's visa, it can be a maximum of 6 months, except fr PG1, which can be unto 2 years.

When an applicant, described above, who have been admitted and during the valid DS leaves Canada for US, and reenters which his DS is still valid, the CBSA officer will not re-process the applicant, but merely verify the credentials and let him in for the same DS. If the applicant wishes, they can file extension when inside Canada.

However, if the applicant leaves Canada and reenters after the DS has expired, the applicant will be reassessed and a new DS will be issued as the case may be.

This is what the regulation is for and the OP says. Similarly on the practical side, this can be verified from he CBSA travel history report and so can be done on the Us side by visiting the I95 website of the USCIS.

 

[legalfalcon]

In that case, is it better to do restoration or to leave? If the PR decision will be put on hold till the issue of the restoration (which is 3 months), then it is faster to leave and come back with a CoPR.

That will be your choice. The PR decision will not be put on hold as long as you are in status.