Implied status or out of status

[kondi8807]

Hello everyne,

so I had work permit (working holiday) till May 2017, before it expired I applied for extension, and in September my application was refused.
Now I have 90 days to leave the country. Well, I can't work right now, but I have some savings and I wish to stay longer, I read somewhere that I should apply for restoration form for visitor (IMM5708) and here starts problem ...
http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#restoration

I can go back to Poland and apply from there (eta) to get turist visa and come back or I can do it when Im still here in Canada. What is better ? what is safer not to be refused?

In that application I have to choose my current status,
I know that I had implied status when I asked for extension but now ? So I am out of status "FOREIN NATION" or I should choose "OTHER"

and second question Im from Poland, for how long I can get this visa in these two different scenerio? always less than half a year ?

 

[scylla]

There's no option that will guarantee you won't be refused. You applied for a work permit extension when you didn't actually qualify for one. CIC will most likely see this as an abuse of your visa privileges since they will know you applied for the extension just to be able to work longer in Canada (i.e. until the refusal). This is frowned upon by CIC.

Your best would be to return home and stay there for a few months before applying for an ETA to return to Canada (rather than applying to return immediately).

You can also certainly apply to restore your status back to visitor from within Canada. I think it's anyone's guess whether this will be approved due to applying for a work permit extension when you didn't qualify for one.

How long you are allowed into Canada is up to the CBSA officer you encounter at the border (regardless of the length of the visa you're issued). Keep in mind that as a visitor you are only allowed to visit Canada - not live here. If it looks like you're trying to live here - expect problems.

You are currently in Canada without status.

 

[kondi8807]

thank you.
I know how it looks, and I dont know how I can ensure them, that finally I would have enough time to travel across Canada...
This is difficult...
On the other hand if I apply from Poland for ETA my visa could be denied in the airport... I prefer to avoid this extra strees.

hmmm my friend when his visa expired just went to the border with the USA to get a tourist visa and officer agreed. That could be optional idea but I havent got USA visa. Can you tell me what can happen if I do the same but border officer doesn't give me visa to Canada ?
Will I stay on border forever ?

 

[scylla]

hmmm my friend when his visa expired just went to the border with the USA to get a tourist visa and officer agreed. That could be optional idea but I havent got USA visa. Can you tell me what can happen if I do the same but border officer doesn't give me visa to Canada ?
Will I stay on border forever ?

No - they'll send you home.

Going to the border when you're out of status in Canada isn't recommended. In that case you'd be better off applying to restore your status from within Canada.