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HELP!! PLEASE!! Urgent!!

AmyL

Star Member
Mar 3, 2020
195
84
My visitor record was valid from Feb 10, 2021 to March 10, 2021. I had applied in July 2020. At first I was under the impression that sending the PR and OWP application would give me implied status. Then I found out about a couple weeks ago that I still need to extend my visitors. But I had a few issues delay me from doing that. I applied today at 6 am in a panic. I'm mailing my PR and OWP tomorrow. I don't know what to do now. If I absolutely have to leave I will, but I'd like to try to keep my status in Canada as much as I can.
Another thought, you might get one extension, but you may have issues getting another. There is no guarantee that you will get PR in a short amount of time. Chances are that it will take several months.
 

scylla

VIP Member
Jun 8, 2010
95,750
22,044
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My visitor record was valid from Feb 10, 2021 to March 10, 2021. I had applied in July 2020. At first I was under the impression that sending the PR and OWP application would give me implied status. Then I found out about a couple weeks ago that I still need to extend my visitors. But I had a few issues delay me from doing that. I applied today at 6 am in a panic. I'm mailing my PR and OWP tomorrow. I don't know what to do now. If I absolutely have to leave I will, but I'd like to try to keep my status in Canada as much as I can.
Sending the PR application and OWP does in fact give you implied status. However ONLY if the PR and OWP package reaches IRCC before your visa expires.

Since you applied to extend your visitor status yesterday, you have implied status as long as you applied online.
 

scylla

VIP Member
Jun 8, 2010
95,750
22,044
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Another thought, you might get one extension, but you may have issues getting another. There is no guarantee that you will get PR in a short amount of time. Chances are that it will take several months.
OP will not need another extension. The PR + OWP will cover the rest of the application processing period. The extension the OP submitted yesterday gives them implied status.
 
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annie11

Full Member
May 16, 2019
45
2
OP will not need another extension. The PR + OWP will cover the rest of the application processing period. The extension the OP submitted yesterday gives them implied status.
Does the application for visitor extension give me implied status even though I applied on the expiry date? I've been really trying to get a proper answer about this. Getting through to IRCC is taking forever. Or should I withdraw the extension application and apply for restoration? I don't mind applying outland but I'd like to stay in status with my husband as much as possible.
 

annie11

Full Member
May 16, 2019
45
2
Another thought, you might get one extension, but you may have issues getting another. There is no guarantee that you will get PR in a short amount of time. Chances are that it will take several months.
I don't mind applying outland and leaving in a couple months. I just want to be in status for now so that we can get things in order before I leave. Then my husband can visit me. Atleast for a couple months, I'd like to be in status here.
 

annie11

Full Member
May 16, 2019
45
2
I am thinking of sending this. Any insights would be extremely helpful.

Dear Visa Officer

I am writing this letter to inform the concerned authorities that I am withdrawing my application to extend Visitor record. The expiry date on my visitor record was March 10, 2021. I had started my application on March 9, 2021 late at night. Due to horrible and involuntary oversight on my part and delay, March 10, 2021 had arrived before I submitted my application. I was under the impression that I could still apply for an extension as the online checklist tool in my GCKey account did not suggest restoration of status when I answered all the questions by starting a new application on March 10, 2021 around 2 am or so. Therefore, I thought it was the last day of me still having visitor status and I applied for a visitor extension in a rather anxious and panicked state of mind. Since then, I have done a lot of research as to whether I was still in status on March 10, 2021 or not. I have not been able to find a proper answer. I have tried contacting IRCC via phone multiple times but I have not been able to get through. So I have decided to withdraw my application to avoid involuntarily overstaying in Canada. I would like to apply to restore my status in Canada as a visitor. My husband and I have also prepared an Inland spousal sponsorship application for permanent residence. We have paid the fee in full. I attached the receipt to my extension application. We decided to hold off on mailing in the application because we’d like to resolve this issue first.

I would also like to mention that since I was under the impression that I was still in status when I applied for the extension application, I answered the background question about whether I had stayed, studied and/or worked in Canada without authorisation as “No". Now I believe it should have been “Yes" as my status had expired when I filled in the application. I sincerely apologize and I’d like to reiterate that it was an unintentional oversight. I hope this does not warrant charges of misrepresentation as I genuinely believed I had not overstayed at the time of filling and filing the application.

I am willing to leave Canada voluntarily if I am ordered to do so by the concerned authorities. It is partly the reason why we have not filed the inland sponsorship application yet. We are willing to file an outland application if I am asked to leave Canada. I would greatly appreciate some grace period so that we can get our affairs in order here in Canada and give my family in India to make preparations for my arrival.

I sincerely apologize for the inconvenience.

Thank you.
 

armoured

VIP Member
Feb 1, 2015
17,125
8,784
I am thinking of sending this. Any insights would be extremely helpful.

Dear Visa Officer

I am writing this letter to inform the concerned authorities that I am withdrawing my application to extend Visitor record. The expiry date on my visitor record was March 10, 2021. I had started my application on March 9, 2021 late at night. Due to horrible and involuntary oversight on my part and delay, March 10, 2021 had arrived before I submitted my application. I was under the impression that I could still apply for an extension as the online checklist tool in my GCKey account did not suggest restoration of status when I answered all the questions by starting a new application on March 10, 2021 around 2 am or so. Therefore, I thought it was the last day of me still having visitor status and I applied for a visitor extension in a rather anxious and panicked state of mind. Since then, I have done a lot of research as to whether I was still in status on March 10, 2021 or not. I have not been able to find a proper answer. I have tried contacting IRCC via phone multiple times but I have not been able to get through. So I have decided to withdraw my application to avoid involuntarily overstaying in Canada. I would like to apply to restore my status in Canada as a visitor. My husband and I have also prepared an Inland spousal sponsorship application for permanent residence. We have paid the fee in full. I attached the receipt to my extension application. We decided to hold off on mailing in the application because we’d like to resolve this issue first.

I would also like to mention that since I was under the impression that I was still in status when I applied for the extension application, I answered the background question about whether I had stayed, studied and/or worked in Canada without authorisation as “No". Now I believe it should have been “Yes" as my status had expired when I filled in the application. I sincerely apologize and I’d like to reiterate that it was an unintentional oversight. I hope this does not warrant charges of misrepresentation as I genuinely believed I had not overstayed at the time of filling and filing the application.

I am willing to leave Canada voluntarily if I am ordered to do so by the concerned authorities. It is partly the reason why we have not filed the inland sponsorship application yet. We are willing to file an outland application if I am asked to leave Canada. I would greatly appreciate some grace period so that we can get our affairs in order here in Canada and give my family in India to make preparations for my arrival.

I sincerely apologize for the inconvenience.

Thank you.
I think you were told above that your application to extend visitor status gave you implied status.

So I don't understand why you would withdraw that application. Seems like this would make things worse.

And whatever the answer is, strongly recommend you don't make hasty decisions like this unless you're certain. And if you feel you must, perhaps consult with a paid professional - i.e. a lawyer - to avoid inadvertently making things worse.

Note, not an expert on this. Good luck.
 
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annie11

Full Member
May 16, 2019
45
2
I think you were told above that your application to extend visitor status gave you implied status.

So I don't understand why you would withdraw that application. Seems like this would make things worse.

And whatever the answer is, strongly recommend you don't make hasty decisions like this unless you're certain. And if you feel you must, perhaps consult with a paid professional - i.e. a lawyer - to avoid inadvertently making things worse.

Note, not an expert on this. Good luck.

I am spiraling and I keep thinking I've misrepresented myself. I'm looking up lawyers but I keep feeling it'll be too late by the time I'll talk to a lawyer about this. I've always been on top of my deadlines and I keep kicking myself for letting this happe
 

armoured

VIP Member
Feb 1, 2015
17,125
8,784
I am spiraling and I keep thinking I've misrepresented myself. I'm looking up lawyers but I keep feeling it'll be too late by the time I'll talk to a lawyer about this. I've always been on top of my deadlines and I keep kicking myself for letting this happen.
I don't know answer to your questions but others have responded above. Deep breath, don't act in haste at this point.
 

armoured

VIP Member
Feb 1, 2015
17,125
8,784
Still I do appreciate your response
A brief 'what I understood' for others to correct if needed - by applying for visitor visa extension, you have/should have implied status. Withdrawing that application will definitely put you out of status. So don't do it unless you're clear what you're trying to achieve and that it is the right step.

In the meantime, you're planning to apply under spousal sponsorship. Focus on getting that application finalized and, if you feel necessary, getting a lawyer to clarify what questions you have.
 

Idrissrafd

Hero Member
Aug 12, 2020
299
65
I
A brief 'what I understood' for others to correct if needed - by applying for visitor visa extension, you have/should have implied status. Withdrawing that application will definitely put you out of status. So don't do it unless you're clear what you're trying to achieve and that it is the right step.

In the meantime, you're planning to apply under spousal sponsorship. Focus on getting that application finalized and, if you feel necessary, getting a lawyer to clarify what questions you have.
You’re right. But I think he’s worried about that 30 days limit that is -to be honest- confusing. I faced the same problem : what happens if I apply, before the expiry date, but under the 30 days limit ?
 

armoured

VIP Member
Feb 1, 2015
17,125
8,784
You’re right. But I think he’s worried about that 30 days limit that is -to be honest- confusing. I faced the same problem : what happens if I apply, before the expiry date, but under the 30 days limit ?
I'm not sure what 30-day 'limit' you're referring to.

My understanding is that it's recommended to apply 30 days before so that you can get the answer (approval/refusal) before the expiry of the visa validity (allowed visit that is).

This is to avoid situation where you are refused and hence (retroactively) out of status (i.e. you would have time to depart).

But if you applied late, you have implied status and there's nothing you can do about it in the immediate - wait and see. Withdrawing the extension app would make one out of status just the same as getting refused (I think) - so don't do it.

Again, only my understanding, not certain.
 
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Idrissrafd

Hero Member
Aug 12, 2020
299
65
I'm not sure what 30-day 'limit' you're referring to.

My understanding is that it's recommended to apply 30 days before so that you can get the answer (approval/refusal) before the expiry of the visa validity (allowed visit that is).

This is to avoid situation where you are refused and hence (retroactively) out of status (i.e. you would have time to depart).

But if you applied late, you have implied status and there's nothing you can do about it in the immediate - wait and see. Withdrawing the extension app would make one out of status just the same as getting refused (I think) - so don't do it.

Again, only my understanding, not certain.
Thank you so much for this clarification.
To be honest, because of this pandemic, it takes 6 months (approximately) to get an answer, so it doesn’t change anything before 30 days or after :)

I always appreciate your messages on this forum.
 

armoured

VIP Member
Feb 1, 2015
17,125
8,784
Thank you so much for this clarification.
To be honest, because of this pandemic, it takes 6 months (approximately) to get an answer, so it doesn’t change anything before 30 days or after :)

I always appreciate your messages on this forum.
Thank you. Again I warn, this implied status and related is not an issue I think I know well.
 
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