Extension denied while awaiting common law application (urgent reply requested!)

[squidrider]

Thank you so much for all the information and replies! It's amazing how something so seemingly simple (meet, fall in love, want to be together) can be frought with so many rules, regulations, forms, applications, fees, judgments...etc.!!! aaahh!!!

We're definitely going to try to see someone here also and get as much together as possible right away.

I also found this article concerning the restoration and 90 day rule.

universalimmigration.com/restoration-of-status-canada.html

At this point, I think our best bet is to wait until December apply for the PR and submit for the Restoration at the same time? Along with the work permit, which have been told by people here that you will likely get within a few months. Unless we hear back in the next day or two saying that the 90 day is from the expiry date, but it appears that all signs point to the date of notice. Which makes sense.... wait.... immigration, rules, making sense.... something doesn't add up here?!

Thanks again!

 

[GT25]

Thank you Mathew for corecting me, good to know that this is the way it works in Canada, I just wanted he to be aware! I learned something new today!

 

[matthewc]

At this point, I think our best bet is to wait until December apply for the PR and submit for the Restoration at the same time? Along with the work permit, which have been told by people here that you will likely get within a few months. Unless we hear back in the next day or two saying that the 90 day is from the expiry date, but it appears that all signs point to the date of notice.

Like I said, I'm as sure as I can be that it's 90 days from the date the renewal was refused. It is important you are clear in addressing that in the covering letter, though. This is exactly the sort of thing where they seem to make mistakes.

 

[squidrider]

Like I said, I'm as sure as I can be that it's 90 days from the date the renewal was refused. It is important you are clear in addressing that in the covering letter, though. This is exactly the sort of thing where they seem to make mistakes.

Thank you, yes we will definitely make sure to include the references to the regulations allowing the Restoration application 90 days after the notice. We very appreciate your help (and everyone else's too, a great deal) we've learned a lot about the whole application process in a very short time and feel more confident in our next steps through this process. Do you work for an immigration firm or something? You seem to have a lot of knowledge on all of these unusual conditions.

Oh, one last question if the application is denied for any reason, is there a possibility to appeal the decision in our case?


We'll try to keep you posted on the status over the coming weeks / months.

 

[plumosa]

Oh, one last question if the application is denied for any reason, is there a possibility to appeal the decision in our case?


We'll try to keep you posted on the status over the coming weeks / months.

Only if you apply outland is there the right to appeal; with inland there is no recourse for appeals unfortunately.

 

[squidrider]

Only if you apply outland is there the right to appeal; with inland there is no recourse for appeals unfortunately.

Ok, that's crappy?!! So after this whole process is completed and for some reason they still refuse the common-law PR application, do we have alternate to apply for PR after that?

Thanks for the info.

 

[matthewc]

If refused, you'd have to re-apply through the outside Canada route in order to be able to appeal. However, the only likely reasons for refusal would be a criminal record, or them believing your relationship was not genuine. As long as you submit plenty of proof you meet the 1-year of continuous cohabitation requirement, and have a genuine, continuing marriage-like relationship, that shouldn't be a problem. If they doubt your relationship is genuine, they'd call you in for an interview first before refusing, so you'd have another chance to show that isn't the case.

The fact that she's been out of status and, depending on the restoration, may still be out of status won't affect them approving the application.

Really, if you have a genuine relationship and submit plenty of evidence, you shouldn't need to worry about that. As for what things to submit to prove your relationship, OP2 5.25, 5.26, 5.34, 5.35 and IP8 10.1 are essential reading. In your situation, also see IP8 5.24. If you get your divorce finalised before they process the PR application, you should inform CIC of that in writing when it happens. Similarly if you marry your common-law partner.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

 

[sasmak]

Hi,

I was here as a student back in 07 visa expired in 2008 officially, Applied for restoration of status took almost 1 year for them to give me a decision.

I received a call from an IO in missisauga that handled my case specifically was extremely kind to me gave me the best advice of my life. However whilst waiting for restoration of status I married my Long term girlfriend although we were living together made it easier.

Got married in April 2009 in Dec 2009 heard from the IO that she had no choice to reject my restoration of status based on that she could not give me student status and it was impossible to restore as a visitor Advised me to get my wife to sponsor me ASAP.

My advice to you would be apply for restoration of status it will take a good 3-6 mths maybe more, EXPECT to be called from immigration Canada. Get Married but only for the right reasons cause you love eachother and want to remain together.

Then Sponsor her In bound although outbound does have its advantages also check with lawyer first..

Then get a good lawyer to handle your case and be prepared to support your new wife till her things come through.

Good Luck I am still awaiting my AIP we got approved this week for my wife to sponsor me which is basically an AIP but am awaiting to get a letter in my name so i can work etc etc.

 

[squidrider]

To Sasmak,

Interesting, I can't imagine waiting an entire year for the restoration notice!! Your suggestion of applying for restoration now concerns us a little, and after reading other similar situations, in that if we apply, the only reason we could give is that we "will" be applying for PR in a couple of months, however, it would seem that isn't a reason to provide a restoration as it states in IP 8, section 5.29.

cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf (see section 5.29 Dual Intent)

We feel that the best approach is to compile the PR application in it's entirety and then submit it along with the restoration and work permit, which would give cause to approve the restoration based on the PR application submitted. We have contacted a couple of lawyers to discuss our application and see if we would have them submit it as our representative, but the earliest we can meet is mid October. Currently we will be applying for the fingerprint and police certificate stuff tomorrow.

Thanks.

 

[sasmak]

Hi Sorry for the confusion in the midst of typing.

Basically I went to my lawyer when i received notice from CIC saying i had to leave the country in 90 days etc etc. She looked at the document not saying all are the same. And i did exactly first i applied for restoration of my student permit saying i needed it to be able to take advantage of the post grad work permit schema. I also include the fee and the job letter as well as the application forms etc.

They then took almost 1 yr to get back to me.

During that time i got married, Prepped my PR Etc. My Advice go see a lawyer get them to clarify what people are telling you on here then you will have peace of mind my friend.

 

[squidrider]

Yes, we will be setting up an appointment in the next few days.

Does anyone know of a lawyer in Victoria that offers free consultation or a fair rate? We have a contact for one which will cost $350. To be honest, we're not sure if that's pretty standard or not. Willing to pay if it's what is to be expected, but I've had circumstances in the past, where you pay for advice when you can obtain the info elsewhere so just want to be cautious.

Thanks.

 

[sasmak]

Consultation at the start should be free i am using a good firm here in Toronto, I never heard of consultation fee.