Extension refused. What next?

[conradworth]

Hello. My wife crossed the boarder in June and was given one month. We applied before the time she was asked to leave. We have all the paper work for sending it off. We got it back and it is refused saying she has to leave immediately. It is not any of the deportation letters or anything like that.

We're trying to apply for spousal sponsor ship and are wondering if she has lost status or how she can check? We want her back soon and trying to figure out how to go about this.

Can we apply now for her restoration of status and if so can she stay while it's processed?

 

[scylla]

She is out of status in Canada now. She can apply to restore her status (she has 90 days to apply from the time she was refused). Of course there's no guarantee restoration will be approved.

I assume you are submitting an inland application. It's certainly preferable to submit an inland application while someone has status in Canada. Submitting an inland application while out of status does not guarantee you won't at some point be forced to leave Canada. Additionally, you then cannot benefit from the open work permit pilot (if you apply inland while in status and include an open work permit, it's approved within four months of applying).

 

[conradworth]

Can she stay in Canada without getting into trouble if we apply to restore her status or does she have to leave asap?

Edit: also is it 90 days from the refusal letter we received?