Extension denied, need advice urgently!

[Ponga]

Just wondering, if he is a US citizen why that denial letter refers to a Refugee Protection act?

IMMIGRATION and Refugee Protection Act.

 

[o6ocpaka]

IMMIGRATION and Refugee Protection Act.

Makes sense I guess

 

[MicheleG]

Right now, he is without status. The risk with waiting to apply for restoration is, there is no telling when CBSA could take action against him (i.e. removal). I think it's in your best interest to submit the restoration application asap, which also shows a readiness on his part to regularize his status.

So even though it says application for restoration must be filed within 90 days, CBSA could come to our home and escort him away before 90 days?

Scary!!

 

[ChellyCat]

Definitely apply for restoration ASAP. You can do that online.

I accidentally let my visitor visa expire by 1 day (honest, stupid mistake) and therefore was out of status for that one day. I was freaking out, but I applied for restoration immediately and said I was about to apply for PR and wanted to remain in Canada while that processed. At the time, processing times for visitor visas were only a couple weeks long. My app took a bit longer to get a response- some people on this forum theorized that it was because they were waiting to see if I was in fact applying for PR. Sure enough, a couple weeks after I sent off my PR app, I got an approval on the restoration- and they gave me a full year when I only asked for 6 months!

Anyway, moral of the story is that you can make it work despite their rejection. Apply outland as soon as you can. I'm a US citizen and got through Ottawa in exactly 8 months. Good luck!

 

[Aquakitty]

The potential problem with submitting an Outland application from within Canada, without status...is that nobody seems to know how the CBSA treats those applicants, as opposed to the Inland applicant, that are usually left alone until they have a decision on the first stage (known as AIP).

Well you do have one anecdotal example here, my husband got this same letter at one point and was out of status for long periods of time (American). Of course that was after about 8 renewals. I guess it just depends on if you get an a-hole agent.

He eventually applied outland while years out of status in Canada and got the PR within 4 months. I don't recommend doing this though as it was very stressful. Follow the rules if you can. The thing with PR is, you have to prove you will STAY in Canada, that's probably why they don't make as big a deal about your status in Canada, since you are trying to do the right thing to stay here legally.

It's pretty rotten this dual intent thing, where you have to act like you just want to visit while really living here, while at the same time proving you will stay in Canada. The whole system is beyond stupid.

 

[canuck_in_uk]

The question is if/when/how to apply for the restoration of visitor status. Some have said it needs to be done right away, but the letter says he must apply for restoration within 90 days, and someone in this thread said it takes about 4 months after applying for restoration to get an answer. If we waited until closer to the end of the 90 day window to apply for restoration, then wait the 120 days for answer, does this buy him 90+120 days in Canada while we wait for an answer on the outland PR application? Or is there an advantage to sending in the restoration immediately instead of waiting?

The advantage is that CIC will see that he is serious about correcting his status. Attempting to stay longer by playing on the restoration/processing times (and CIC will know that is what he is doing if he waits to apply) doesn't look very good.

 

[Alexteru]

Hi, I have the same situation now.
Just wondering what's new with your husband
All the best

 

[PMM]

Hi

Just wondering, if he is a US citizen why that denial letter refers to a Refugee Protection act?

Because that is the name of the Immigration Act. Immigration and Refugee Protection Act.

 

[jordanr6]

MicheleG can you let me know what your final decision was and how it has gone so far? I am in a similiar situation and would love any tips or info you can give. Thanks and hope all is well for your family!

 

[Aquakitty]

MicheleG can you let me know what your final decision was and how it has gone so far? I am in a similiar situation and would love any tips or info you can give. Thanks and hope all is well for your family!

Looking at her past messages she wrote this:

We received CoPR today!

Application sent on March 8th, Decision Made April 28th.

Paperwork just came in the mail.

Oh Canada!!!

Seems they got his COPR before the restoration even went through.

 

[marilamb]

Looking at her past messages she wrote this:

We received CoPR today!

Application sent on March 8th, Decision Made April 28th.

Paperwork just came in the mail.

Oh Canada!!!

Seems they got his COPR before the restoration even went through.

Reading back on this and woah you got dm in 1 month 20 days?? :O