Family class inland, returned application, restoration of status refused

[Daks]

Hi,

I am hoping for some advice.

My inland application was sent prior to my work visa expiring. So I had implied status to stay in the country. Unfortunately I managed to include the common-law/spousal questionnaire for the outland application rather than inland so the entire application was returned to me.

My visa had expired by the time it was returned to me so I found some advice from a consultant. They advised me to apply for a restoration of status before resubmitting just so I could tick visitor box in the application keeping the integrity of the application.

By the time I was able to apply for a restoration of status it had been over 90 days since by work visa had expired so the application was refused as of yesterday.

My question is, what are my options? Is it worth me going to the border with the timeline of my applications to show that I have done everything in my power to "do it right"? Will they just refuse me re-entry into Canada or would they more likely issue me a temporary visa for a week to allow me to pack etc? Perhaps they will give me a visitor visa so I can reapply? Or I could go back to the UK and apply outland but then my partner and I could be separated for a year? If I go back to the UK for a month and reapply outland would they let me back in as a visitor?

I have no intention to work without a visa, I have savings to accommodate a period of unemployment. We just want to be together during the process and my partner has already had a working holiday visa in the UK.

Any help appreciated.

Thanks

 

[lellen]

Okay so for starters, you only had implied status after sending your application IF you sent an application to change conditions or extend your stay along with your PR application. You don't get implied status just by submitting a PR application.

Also, you are allowed to apply for inland PR without status, but if you decide to apply inland right now without status (there's nothing you can do about the status anymore), you won't be able to leave the country for at least 13 months (according to processing times right now), which means you'll be trapped without status for a whole year. (And CBSA could still give you a removal order for being out of status if they wanted).

So let's say you apply inland today. In 13 months, if you haven't left the country, you will have Approval In Principle, which will allow you to apply for an Open Work Permit and then with the open work permit you may be able to leave, but it is still not recommended until the entire process is finished. That is, 8 months after the initial 13 months.

In my opinion, your best option is to leave right now (you're supposed to leave the country anyway since your status expired), apply from London (it won't take longer than a year, usually 6-10 months according to this forum and my friends experiences), and come back to visit in a few months, after your application is somewhat advanced. You're visa exempt so you probably won't have a problem, especially if your partner has been approved as a sponsor, and especially if you left the country when you were supposed to initially. Then you can wait it out, and it will be much faster than inland.

This is just one suggestion, maybe someone else will have a better idea.

 

[Kayaker]

I second lellen's suggestion - much faster to apply outland.

You can still come back to visit your partner - and as you are from a visa exempt country, you can visit for 6 months (or less, depending on the official at the border) but apply for an extension of your visitor status online. (I extended my visitor status for a year, so that I can stay a total of 18 months consecutively.) It costs 100$ and is pretty straightforward. As lellen says, if you apply outland, you will probably get PR before you get OWP with Inland.

I don't know what would happen at the border right now, maybe someone else can chip in.

 

[lellen]

I personally don't think going to the border is a good idea at this point. It will hurt you in the future. The best thing is to comply and leave. You already tried to restore your status and it was refused. Someone at the border won't be any different.

 

[Daks]

Thanks for the replys. I had included and open work permit application with the initial application.

You have confirmed what I suspected was the most sensible approach.

Further to this - I may have an opportunity to employed with an LMO in November. If I left now, applied outland while in London then returned in November do you think I would have any problems? Ie is there a set time I am meant to be out of the country having had a restoration of status refused?

Thanks again

 

[lellen]

Ie is there a set time I am meant to be out of the country having had a restoration of status refused?

Thanks again

Not really, it's all up to the officer at the border. You probably won't have any problems especially if you get a work permit, but if you come back when your spouse has been approved as a sponsor, they're unlikely to refuse you entry. They could, however, be in a bad mood and decide to give you problems, it's all up to them. But if you show them that you follow their rules, that you leave when you're supposed to, and that you're just visiting (not moving) while your PR is being processed, you'll be fine.
But that's the thing - you have to convince them that you're just visiting if you're not coming back with a work permit. They will give you problems if they think that you're trying to move to Canada without being a PR. (Maybe if you get a return ticket or something).

 

[Daks]

Ok thanks again. I have a meeting with consultant today - I will update this post with what they say for future reference if people stumble upon the thread.

 

[Rob_TO]

Ok thanks again. I have a meeting with consultant today - I will update this post with what they say for future reference if people stumble upon the thread.

Just note that consultants don't always give good or accurate info. This forum is littered with people complaining about the horrible or flat our incorrect advice consultants/lawyers have given. So whatever they do tell you, make sure to check again here for a second opinion!

IMO getting your inland app returned may have been a blessing in disguise. Yes it's more inconvenient for you to have to leave back to the UK for a while, but at the end of the day there is really no good reason (only case is when a work permit needs implied status) a UK applicant should ever be applying inland, when the outland process through London VO can be done in quicker than the time it takes for just stage 1 inland.

 

[Daks]

A good point - when I was originally compiling the application I hadn't checked the timings. I have friends who have gone through similar routes a few years ago when the inland 1st stage was a lot faster than it is now.

As to consultants not giving good advice - I can vouch for this having had experience in the past with bad advice; I was advised to apply for a student visa while enrolled in a fake french school - obviously I didn't do this. My current consultant just emailed me to tell me they had done some research only to learn that you cant apply for an open work permit with an outland application. Not knowing this before doing some research makes me worry as to her depth of knowledge.


Thanks again for the feedback and replies. Its very supportive to have some many people's opinions on issues which, of course, are so important to those involved in them.

 

[Linden]

Thanks for the replys. I had included and open work permit application with the initial application.

You have confirmed what I suspected was the most sensible approach.

Further to this - I may have an opportunity to employed with an LMO in November. If I left now, applied outland while in London then returned in November do you think I would have any problems? Ie is there a set time I am meant to be out of the country having had a restoration of status refused?

Thanks again

On the refusal of your restoration status does it say when you have to leave the country? Did you overstay your previous visas or were you sort of under implied status. As far as set time being out of the country there is not a set time. If you are coming back as a visitor then you need to prove you are only temporarily staying. i.e. - return ticket, job and address in London.

Though if you had a LMO in hand it is possible to get a work permit at the border. You'll probably be okay.

 

[screech339]

I wonder if Jamesdavid is reading this as he is in the a very similar position except we haven't heard if he gotten status of restoration granted or not or that it has been more than 90 days since his IEC visa expired when his application got returned.

Screech339