Leaving Canada with Pending Restoration Status

[gurramud]

Hi everyone,

I have been here in Canada for the past 4 years, and was most recently on a post grad work permit that expired back in May 2019. I had submitted an extension request (prior to it expiring) to allow for an implied work status, and received the refusal letter on Aug 22, 2019. I was informed that I either need to leave the country immediately or apply for restoration of visitor status within 90 days (the latter of which I will be doing today).

I had a trip planned to go to Brazil (my home country) from Sept 18-30 (booked months ago). I have an existing Electronic Travel Authorization (ETA) which I had applied for last year when I went to Brazil. The ETA is still valid until March 2020. My biggest concern is not being able to get back into Canada when I return, given I technically do not have a status (however restoration application will be pending and I have a valid ETA). I understand the ETA allows me to fly to Canada however does not guarantee re-entry into the country.

Having been in Canada for the past 4 years, I have built a life here - studied and worked (but stopped after I received the refusal letter), made many friends, and met my girlfriend here. My ultimate goal is to get my PR so that I can stay. I have been preparing for the IELTS exam and will be submitting my Express Entry application, with the hopes of receiving an invitation to apply for PR, therefore I need more time to make this happen.

Questions:
1) Does my application for restoration status get cancelled when I leave the country?
2) What are the chances of the immigration officer allowing me to return, given my situation? I have always believed that honesty is the best approach, however I read elsewhere that the officer must be convinced that I will leave at the end of my visitor's stay.

Anyone else have a similar story or experience they could share with me? I'm curious to know what others have done.

Gustavo

 

[scylla]

Hi everyone,

I have been here in Canada for the past 4 years, and was most recently on a post grad work permit that expired back in May 2019. I had submitted an extension request (prior to it expiring) to allow for an implied work status, and received the refusal letter on Aug 22, 2019. I was informed that I either need to leave the country immediately or apply for restoration of visitor status within 90 days (the latter of which I will be doing today).

I had a trip planned to go to Brazil (my home country) from Sept 18-30 (booked months ago). I have an existing Electronic Travel Authorization (ETA) which I had applied for last year when I went to Brazil. The ETA is still valid until March 2020. My biggest concern is not being able to get back into Canada when I return, given I technically do not have a status (however restoration application will be pending and I have a valid ETA). I understand the ETA allows me to fly to Canada however does not guarantee re-entry into the country.

Having been in Canada for the past 4 years, I have built a life here - studied and worked (but stopped after I received the refusal letter), made many friends, and met my girlfriend here. My ultimate goal is to get my PR so that I can stay. I have been preparing for the IELTS exam and will be submitting my Express Entry application, with the hopes of receiving an invitation to apply for PR, therefore I need more time to make this happen.

Questions:
1) Does my application for restoration status get cancelled when I leave the country?
2) What are the chances of the immigration officer allowing me to return, given my situation? I have always believed that honesty is the best approach, however I read elsewhere that the officer must be convinced that I will leave at the end of my visitor's stay.

Anyone else have a similar story or experience they could share with me? I'm curious to know what others have done.

Gustavo

No point applying for restoration if you're leaving. Yes - it will be cancelled when you leave.

It's really up to CBSA if and how long you are allowed back into Canada when you return. Given you've been in Canada for 4 years, it would be wise to remain outside of Canada longer if you can before you try returning - but understand that may not be what you want to do. The fact you ended up out of status may work against you (or may not). Same for the fact you applied for a work permit extension when you didn't qualify for one (that can be viewed as an abuse of the work permit process / priviledge). Anyway - ultimately impossible for any of us to say what will happen at the border. Quite possible you'll just sail through without issues.

 

[gurramud]

No point applying for restoration if you're leaving. Yes - it will be cancelled when you leave.

It's really up to CBSA if and how long you are allowed back into Canada when you return. Given you've been in Canada for 4 years, it would be wise to remain outside of Canada longer if you can before you try returning - but understand that may not be what you want to do. The fact you ended up out of status may work against you (or may not). Same for the fact you applied for a work permit extension when you didn't qualify for one (that can be viewed as an abuse of the work permit process / priviledge). Anyway - ultimately impossible for any of us to say what will happen at the border. Quite possible you'll just sail through without issues.

Thanks for the response! I ended up not applying for restoration status and went back home. I have now returned to Canada - I was questioned by immigration for about an hour and was allowed back into the country as a visitor. I will continue to try for my PR through Express Entry (need to get my IELTS score up) but our backup plan is to also try for common-law sponsorship (I am now living with the gf).

 

[vensak]

Thanks for the response! I ended up not applying for restoration status and went back home. I have now returned to Canada - I was questioned by immigration for about an hour and was allowed back into the country as a visitor. I will continue to try for my PR through Express Entry (need to get my IELTS score up) but our backup plan is to also try for common-law sponsorship (I am now living with the gf).

You need to live continuously with her for at least 1 year. But very short absences (for example short holiday) is allowed for that period. You also need to prove both that you are living together (co-signed renting, shared bank accounts and normal post being sent to the same address for both of you) and also your relationship (photos from common trip together and such).
Be aware that they might see red flags in such application (so that just means more detailed questioning).

 

[gurramud]

You need to live continuously with her for at least 1 year. But very short absences (for example short holiday) is allowed for that period. You also need to prove both that you are living together (co-signed renting, shared bank accounts and normal post being sent to the same address for both of you) and also your relationship (photos from common trip together and such).
Be aware that they might see red flags in such application (so that just means more detailed questioning).

Thanks for the info! Yes, we are ensuring that we will have the necessary evidence of living together for the year - joint bank account, sharing the same address, etc.). I also have a dated letter from my gf stating that she will provide the accommodation for my stay here in Toronto (this helped with my case for re-entry into the country). I will use that as proof of when we began co-habitation. We also have plenty of photos from trips etc. and emails/IMs as support.

What I am a bit nervous about is when it comes time for me to extend my visitor visa - I have read in other threads that using the rationale that I am exploring this relationship with the intention of becoming common-law is fine and valid. I hope this is true.

 

[vensak]

Thanks for the info! Yes, we are ensuring that we will have the necessary evidence of living together for the year - joint bank account, sharing the same address, etc.). I also have a dated letter from my gf stating that she will provide the accommodation for my stay here in Toronto (this helped with my case for re-entry into the country). I will use that as proof of when we began co-habitation. We also have plenty of photos from trips etc. and emails/IMs as support.

What I am a bit nervous about is when it comes time for me to extend my visitor visa - I have read in other threads that using the rationale that I am exploring this relationship with the intention of becoming common-law is fine and valid. I hope this is true.

yes it is. A wise advice here. Unless you really must, do not leave Canada until you can apply for sponsorship. As every time you return you have certain chance to be refused to re enter. Yes there is a chance for you to be refused visa extension, but it is rather small. Just be honest and do not try to work on visitor visa.
Good luck.

 

[Jaspindersingh4612]

Thanks for the response! I ended up not applying for restoration status and went back home. I have now returned to Canada - I was questioned by immigration for about an hour and was allowed back into the country as a visitor. I will continue to try for my PR through Express Entry (need to get my IELTS score up) but our backup plan is to also try for common-law sponsorship (I am now living with the gf).

Hi, i am in similar situation, i will be leaving canada without app lying for restoration, i posses valid TRV, i am planning to enter as visitor my wife is here.
If possible can you tell about secondary inspection office did regarding being out of status.

 

[Ponga]

Hi, i am in similar situation, i will be leaving canada without app lying for restoration, i posses valid TRV, i am planning to enter as visitor my wife is here.
If possible can you tell about secondary inspection office did regarding being out of status.

You do realize that you responded to a 64 month old post (tomorrow), right?