Did I need to extend my visitor record while I am waiting for inland sponsorship

[clover8866]

Hi everyone!

I just have a lot of concern regarding for my visitor record. Need your guys opinion.

I had post graduate visa for 3 yrs. After applied two times skill worker failed. My husband and I decided to apply for inland spousal sponsorship. Before my post graduate visa expired, I applied my inland spousal sponsorship and submitted my visit record at the same time, two weeks after, I received my visit record, but only give me 6 months.

After 6 months, I only received AOR from my sponsorship at the same time, my visit record expired for a month(I know I should be aware of that... ) and my consultant keep suggest me, it is not necessary to extend the visit record because you are legitimate to stay here; however, review several family sponsorship forum, a lot of people mention about implied status, but I checked the CIC, it define below:

" If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status.."

For my situation, I am not sure which status I am, so did I still need to restore my status and extend my visit record?
If I restore my status, how should I explain to CIC why I am applying late?
If not extend my visit record, am I not legal to stay in Canada?

Thank you so much!

 

[Ponga]

If I have read your post correctly, your status expired last month, correct?

If so, you really should apply to restore your status, because without doing so, you will NOT have implied status and CAN be removed from Canada.

You don't need to maintain status to apply Inland, but without status, CBSA has the right (at their discretion) to remove you from Canada...which would kill your application!

 

[steerpike]

After 6 months, I only received AOR from my sponsorship at the same time, my visit record expired for a month(I know I should be aware of that... ) and my consultant keep suggest me, it is not necessary to extend the visit record because you are legitimate to stay here; however, review several family sponsorship forum, a lot of people mention about implied status, but I checked the CIC, it define below:

You don't have implied status. CBSA could technically deport you today if they wanted to. I would recommend reapplying for the visitor visa.

 

[Alurra71]

Hi everyone!

I just have a lot of concern regarding for my visitor record. Need your guys opinion.

I had post graduate visa for 3 yrs. After applied two times skill worker failed. My husband and I decided to apply for inland spousal sponsorship. Before my post graduate visa expired, I applied my inland spousal sponsorship and submitted my visit record at the same time, two weeks after, I received my visit record, but only give me 6 months.

After 6 months, I only received AOR from my sponsorship at the same time, my visit record expired for a month(I know I should be aware of that... ) and my consultant keep suggest me, it is not necessary to extend the visit record because you are legitimate to stay here; however, review several family sponsorship forum, a lot of people mention about implied status, but I checked the CIC, it define below:

" If you apply to extend your permit, and your visitor visa expires while you are waiting for a decision, you still have temporary resident (visitor) status. This is known as implied status.."

For my situation, I am not sure which status I am, so did I still need to restore my status and extend my visit record?
If I restore my status, how should I explain to CIC why I am applying late?
If not extend my visit record, am I not legal to stay in Canada?

Thank you so much!

When your spouse applied for your sponsorship application, did you also include an OWP application? If you did not, then you do not have implied status and you should apply to extend your visitor status. You can do this online and give them whatever documentation is necessary asking for a minimum of 1 year to wait on a decision regarding your current spousal application. Show them copies of fees paid and a copy of your AOR email could go a long way. If your current visitor visa only expired a month or so ago you can still go ahead and get status. It never hurts to be sure you have status but can certainly hurt if you are caught out by CBSA without status.

 

[vaida]

They are correct, you must apply for a restoration ASAP, you have only 90 days to do so and you have wasted a month already or more. Make sure you explain them why you failed to extend your status in time. On top of that you'll have to pay $200, instead of $100

 

[clover8866]

Thank you so much for all the answer from you guys.
I will submit my application for extending and restoration my visitor record and my status.

In case I wont kick out from CBSA.