Do you need to have Valid status in Canada for EE to be Approved?

[newcecapplicant]

Good day folks,

I've just gotten off the phone with my MP's office, after submitting my restoration and my EE application.

I received my AOR today and with a solid application I hope to receive my COPR in time.
I unfortunately currently do not have status, and have applied for restoration, in the 90 days.

My MP informs me that I need to have valid status, when the EE application is reviewed. Can someone please confirm this with me.
As far as I understood, EE and visitor records are two different things. I have informed the IRCC of my situation, both in the PR and Restoration applications.

thank you

 

[newcecapplicant]

Folks? Please help, and thank you

 

[Asivad Anac]

Most outland applicants do not have valid status inside Canada and their applications are processed just fine. One might be in trouble if they're illegally overstaying inside Canada while their EE application is in progress but being on implied status is fine.

 

[scylla]

Most outland applicants do not have valid status inside Canada and their applications are processed just fine. One might be in trouble if they're illegally overstaying inside Canada while their EE application is in progress but being on implied status is fine.

OP does not have implied status. OP is out of status in Canada.

 

[Asivad Anac]

OP does not have implied status. OP is out of status in Canada.

But that still shouldn't have any impact on their PR application, right? Or does it?

 

[AM198]

But that still shouldn't have any impact on their PR application, right? Or does it?

When I was on implied status and had not received an ITA, CIC wrote to me and told me that should my work permit application be rejected and put me out of status, I would need to reject my ITA, restore my status and then wait for another ITA. They said that if I apply through my ITA while I was out of status and inside Canada, they would reject my application. This seems to be what this person's MP is saying as well.

Safest bet is to send CIC a written query ASAP.

 

[newcecapplicant]

Thank you Asivad, Scylla and AM198.

Folks, I am not sure of whre to write to CIC on this particular case. I have the funds required to stay in Canada for at least 12 months in addition to the settlement funds they need.

But on the OP - what is the ruling on status and ITA... I applied when I was out of status. So, shouldnt they have rejected already?

thank you

 

[newcecapplicant]

Asivad, Scylla?

 

[Stuckup]

If u were in restoration status, and u have applied for valid status for extension than u r fine. But CIC will not make decision on ur PR file, until decision is made on ur Permit application.

 

[newcecapplicant]

Thank you - i there a precedent for this? I have not seen it on the IRPR at all...
Also, I would really like to know, how to make things right... given my situation, and the fact that I am communicating with the officers and the MP.

My point Stuckup is ... what are my options given the rules.

thank you

 

[Stuckup]

If u have applied pr application, u know all documents and details is fine and it is not employer based like LMIA or PNP. It is better u leave Canada, anyways u will get pr in few months. It is just matter for time.

 

[Dexmoody]

Thank you - i there a precedent for this? I have not seen it on the IRPR at all...
Also, I would really like to know, how to make things right... given my situation, and the fact that I am communicating with the officers and the MP.

My point Stuckup is ... what are my options given the rules.

thank you

Mate, I really think you should talk to a good immigration lawyer. It sounds like a more complicated case, and this is when you want to talk to professionals to make sure you don't get yourself into trouble.

 

[newcecapplicant]

thanks Dex. I've talked to a few, and their responses were nonchalant.... I'd be glad to leave, I would love a little vacation. I'm just afraid that i dont know the outcome... and thats taking 8 years of my life here and tossing it up with the flip of a coin. It's making me very uneasy.

 

[andy108]

But that still shouldn't have any impact on their PR application, right? Or does it?

I would guess that staying illegally in a country may well invalidate application or mean a guaranteed refusal on it.

 

[newcecapplicant]

Right, this is where I hope they grant me a restoration. I have the funds to stay here for a full year, have a return ticket, and would like to do the right thing. I understand the Member of Parliament's office may be able to have it looked at quickly. So, if it comes to this, I will leave after taking a few months to finish my affairs. Hopefully, it is a positive outcome.

Being in limbo is killing me - honestly.