Freaking out right now... help!! (Stayed past status accidentally)

[ChellyCat]

So I am a complete idiot and for months I was so sure that my visitor visa expired February 5th, and was planning to apply for an extension before that day. Today (February 2nd) I realized it actually expired on the 1st, so one day ago. I immediately submitted in the application to renew it/restore status, but I had to check yes, I have stayed past my status, and now I am worried they will deny the application because of this. I did include in the letter of explanation that it was an honest mistake, and since I'm only one day past its expiration... what do you think will happen?

I'm submitting my common-law sponsor application within the next day or two as well, will this affect the likelihood of that being approved?

I'm so upset, I can't believe I let this happen. Thanks for any help, you all are great.

 

[Rob_TO]

So I am a complete idiot and for months I was so sure that my visitor visa expired February 5th, and was planning to apply for an extension before that day. Today (February 2nd) I realized it actually expired on the 1st, so one day ago. I immediately submitted in the application to renew it/restore status, but I had to check yes, I have stayed past my status, and now I am worried they will deny the application because of this. I did include in the letter of explanation that it was an honest mistake, and since I'm only one day past its expiration... what do you think will happen?

I'm submitting my common-law sponsor application within the next day or two as well, will this affect the likelihood of that being approved?

I'm so upset, I can't believe I let this happen. Thanks for any help, you all are great.

You should have filled out form IMM5708, and in that form check the section for "restoration of status": http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#restoration

It doesn't matter if you were out of status 1 day or 89 days. I believe the fee for restoration is $200, instead of $100 fee for extension of existing status.

 

[Ponga]

Ok...don't panic!

Did you submit an application to RESTORE your status, or simply to RENEW your status (because you said renew it/restore it)?

If you submitted an application to EXTEND (renew) it, it will likely be rejected because you technically no longer have that status.

If you submitted a Restoration of Status application, the question (and your answer) makes perfect sense...because you can't apply for restoration without having lost your status...right?

There is no grace period; being out of status for even one day, is still being out of status.

 

[ChellyCat]

I checked both boxes... one for restoration, and the other for renewal. I'm just worried since I was here for one day out of status that they won't grant it to me.

 

[Rob_TO]

I checked both boxes... one for restoration, and the other for renewal. I'm just worried since I was here for one day out of status that they won't grant it to me.

What fee did you pay?

 

[Ponga]

I checked both boxes... one for restoration, and the other for renewal. I'm just worried since I was here for one day out of status that they won't grant it to me.

As Rob_TO mentioned, you needed to pay the $200 fee for restoration, rather than extension.

Did you pay that amount?

 

[ChellyCat]

Yes, I paid $200.

 

[Rob_TO]

Yes, I paid $200.

In that case you should be fine, as they should process it as a restoration of status form.

 

[ChellyCat]

And it's okay that I'm still in Canada until I hear back?

 

[Rob_TO]

And it's okay that I'm still in Canada until I hear back?

Yes that is the point of applying to restore status, so you don't need to leave while waiting for the answer. In fact if you left Canada now, your application to restore status would be considered abandoned.

Alternatively another way to restore status is just to leave to US for a day, and upon re-entering you would get a fresh 6-months (or whatever they decide). Can save yourself $200 in this case, assuming you have no anxiety that they would deny you re-entry.

Read here for more: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

 

[BeShoo]

I personally think that going to the U.S. for one day and attempting to return for another six months would have been a very bad idea in this case. They are starting to keep track of how long you spend in each country now.

Having filed the application for restoration of status you should be perfectly fine, and it shouldn't affect your PR application at all. You do have Implied status while they process the application. As long as you don't leave Canada before you get the restoration and extension everything is good, so don't be stressed.

 

[ChellyCat]

Thanks so much guys. I still checked yes that I've stayed past status though and in the explanation box I did say it was an honest mistake. That's okay right? Worried now that I overreacted and drew too much attention to it.

 

[Ponga]

Thanks so much guys. I still checked yes that I've stayed past status though and in the explanation box I did say it was an honest mistake. That's okay right? Worried now that I overreacted and drew too much attention to it.

You had no choice, because saying anything to the contrary would have been untruthful and could have been seen as misrepresentation.

You made the right choice.

 

[ChellyCat]

Thanks so much. You are all amazing. I feel a lot better now. Spent all morning beating myself up over this stupid mistake. Hopefully it goes through without issue, and tomorrow morning I should be mailing off my PR app, which also has me a nervous wreck!

 

[BeShoo]

You did everything right. I'm sure that you will be fine.