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

[Gregor.Samsa]

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

Well, being out of status, but applied for restoration during Restoration Period it's not illegal.

Just if restoration is rejected and applicant don't leave the country on time after that, will be illegal to stay.



newcecapplicant: you shouldn't leave the country until get status restoration answer, I guess you can do it but it's better wait until get a response.

Anyways, you can apply/get PR while out of the country, so if your application is solid but you have to leave Canada , communicating it to CIC, perhaps it doesn't affects I our chances to get PR.

As general suggestion, always hope for the best and be ready for the worst.

Good luck.

 

[newcecapplicant]

I will ask the MP for some kind of answer, if they can at least check to see what the possibility of a positive outcome will be with my restoration application.
I have applied for all documents on time, and even with my restoration, I've been up front on all the funds I have plus the return ticket to my home country. I really hope the office will consider how much her/his decision means to me.

thank you Gregor - Yes, hope for the best, and be prepared for hell.
regards

 

[RegularGuy]

Every temporary resident permit has a line written on it, "must leave Canada by this date". If you disregard that stipulation, immigration people don't take it very positively. It's so easy to file for PR, why to complicate it or delay it. I am no expert but I believe you should leave country if you don't have any status or should marry a Canadian citizen ASAP.

 

[newcecapplicant]

I'm sorry.. I cant see how marrying a Canadian citizen will show up as a positive on my history with IRCC.
Also, (despite being Canadian) I cant really put my significant other through this. They're already going through hell and I would rather walk away than make it worse.

As far as I'm concerned I've followed the rules and applied for a restoration, which is legally my right, in time. There must be something the IRPR has on this.

 

[RegularGuy]

Like I said, I am no expert but I believe one should not violate the written stipulations on visa. Every resident permit allow for extension if we apply 3 months prior to visa expiry. Immigration give everyone ample chance, we have to act too. I am not even sure of my application approval but I know for sure that visa overstays and out of status are not very positive on anyone's record.

 

[daomingli]

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.

Hi, sorry but your reply really makes me very worried but also a little confused. So you mean you applied to extend your work permit extension, the CIC rejected your work permit application because you didnt have ITA. so your implies status ended and you were out of status. At this point, if you received ITA, you should reject it and wait for your work permit restoration to be approved?

I'm really confused but would you please kindly share the timeline?
For me, my three years post graduation work permit expired, even I was not getting ITA, I still applied for a new work permit. while I was on my implied implied status, I got ITA and ten days later, my work permit application got rejected because my PR application hasn't been approved for R10 check yet. So I applied for a work permit restoration. Since I am waiting for a response for the restoration, I am legally in Canada. Do you think does your case apply to mine???

Thanks, please give me some advice! I'm totally freaked out by now!!!

 

[daomingli]

I'm sorry.. I cant see how marrying a Canadian citizen will show up as a positive on my history with IRCC.
Also, (despite being Canadian) I cant really put my significant other through this. They're already going through hell and I would rather walk away than make it worse.

As far as I'm concerned I've followed the rules and applied for a restoration, which is legally my right, in time. There must be something the IRPR has on this.

Hey I'm not sure but my understanding is if you applied the restoration, you are still good to be in Canada until they give a repsonse to your restoration application. I received my ITA while I was on implied status, so I am concerned if implied status is a status or not.

 

[newcecapplicant]

hi Dao,

The situations we have a similar. The only problem is most folks here have said that the PR application depends on the restoration on status.
So, first - we need to have a restored status in Canada.
Please share with me when you made your application, and I will attempt to help you.

 

[daomingli]

hi Dao,

The situations we have a similar. The only problem is most folks here have said that the PR application depends on the restoration on status.
So, first - we need to have a restored status in Canada.
Please share with me when you made your application, and I will attempt to help you.

2015 Oct: i submitted work permit extension application;
Nov: my 3-yr post graduation work permit officially expired;
2016 Jan: got ITA and AOR, no LMIA, no PNP; implied status
2016 Feb 1: my BOWP got rejected, on the rejection letter, it says: you have failed to meet the eligibility requirements for bridging open work permit because positive eligibility assessment on your APR is not passed yet. But it suggested me to apply a restoration for work permit within 90 days. I did immidiatly. And now I'm super worried! Never thought the timing might be a problem.

 

[newcecapplicant]

Have you passed the eligibility?

 

[daomingli]

Have you passed the eligibility?

I assumed so as I read somewhere that if your application online showed : in process, shortly after you submitted, in around twenty days, it said not started, it normally means you have first passed their R10 completeness check. I ordered notes one week ago and am still waiting.

 

[newcecapplicant]

I dont completely understand. What does it say currently... Can you login and check and let me know?
I am going to see a lawyer, and I will ask about your situation as well. Any help I can give I will

 

[daomingli]

I dont completely understand. What does it say currently... Can you login and check and let me know?
I am going to see a lawyer, and I will ask about your situation as well. Any help I can give I will

It says review in process, medical is fine, nothing needed at this point. Most of Islanders' ( CEC or FSW) applications stay like this for the first five months and then all of a sudden, a PPR.

Argggggg should really find someone who goes through the whole thing. Laywers... Even people on the phone... They don't understand wholly or quite often, misunderstand.

 

[newcecapplicant]

Well thats interesting. So, it may be time to call CIC and ask them. have you tried the case specific enquiry about your particular situation?
I think you would have luck. Also I dont know about my medicals yet, since it was only 4 days ago, but if mine updates I will pm you.

so we will have the same status. As for Inland applicants, i think we need to find some inland folks, and make a separate topic so we can get their advice. Agree?

 

[daomingli]

Well thats interesting. So, it may be time to call CIC and ask them. have you tried the case specific enquiry about your particular situation?
I think you would have luck. Also I dont know about my medicals yet, since it was only 4 days ago, but if mine updates I will pm you.

so we will have the same status. As for Inland applicants, i think we need to find some inland folks, and make a separate topic so we can get their advice. Agree?

My friend, you have got it yet. Your application has to go through a R10 check which takes around twenty to forty days--- but this is just a completeness check!! Which means they can still reject you, in five months, that your ITA Was accepted when you didn't have a status. My problem really is, if ITA is accepted during my implied status, is it okay??

For that guy, CIC rejected his work permit application so he lost his status( assuming he didn't apply for restoration within 90 days) then if he gets ITA, he should reject. I am just wishing he can share more information.