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legal status while inland pr application in process / panic

rosalee

Member
Dec 30, 2014
16
0
Hello,

my situation is that I am here in Canada since last year on a visitor visa, I could extend my visitor visa for purpose of exploring my relationship with my Canadian boyfriend, we are getting married in 2 weeks since we are sure that we want to spend the rest of our lives together. My fiance is going to sponsor me (I am from Germany). My problem is now the following: my last visitor record ended at the end of November, to keep my legal status I submitted an visa extension explaining that I will apply for my permanent residence, we are going Inland route. This year was a very ruff financial situation for us, since I can`t work and my boyfriend had last year a unexpected high bill to pay, which was for both of us a shock, but it had to be payed. For that reason we only can submit my inland application and my open work permit application at the end of January (then we have the all the money for the fees). I am wondering now, since I am really worried that my visa extension can get refused, if I maybe can submit a restoration of status application along with a copy of the payed permanent resident fees ? To prevent that I fall under illegal status. What I can see on the timeline, at the moment the visa extension timeline is about 90 days, that means the decision will be here around end of january. Should and CAN I submit a restoration of status application before a decision on my visa extension is made to keep my legal stauts ? I am within the 90 days at the end of january so it would be not too late. I am really worried and scared, thank you for any help and answers.
 

rosalee

Member
Dec 30, 2014
16
0
I forgot to mention that I included in my last visa extension proof that I was at the embassy for my criminal record check and I also included all the certified copies that I need for the permanent resident process, to proof to CIC that I really apply for PR. Thank you.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp
 

chris1302

Star Member
Sep 12, 2014
127
3
ottawa
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
My husband is in the same boat, we sent an extenstion visa (tourist) on November 18th, and still have not heard back from them. I would like to start the inland application this weekend, but do not know what to do regarding his visa? I understnad that he needs to be in a legal status to apply for the OWP with his inland applcation. My question is..he has no status and now I dont know what to do?
Can anyone please help?
Thanks :)
 

rosalee

Member
Dec 30, 2014
16
0
thank you for your answer Zardoz and hello chris1302 :)

I looked at your link you posted:

90 Days

Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, will receive a notice from CPC Vegreville warning them to apply for restoration. Clients will have 90 days from the date their status expired to submit their restoration application and corresponding fee.


that means I could apply for restoration of status ? since I would be within the 90 days. My English is not the best yet. Thank you !
 

rosalee

Member
Dec 30, 2014
16
0
chris1302 said:
My question is..he has no status and now I dont know what to do?
but implied status IS a legal status, is that correct ? the experts and seniors here know that for sure.
 

chris1302

Star Member
Sep 12, 2014
127
3
ottawa
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
I know but the thing is we are still waiting to hear back from them since November, I want to sent this inland application but waiting for that extension.
This is all so confusing, and trust me rosalee I am born in canada and still very confused with all this lingo here.
Thanks
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
rosalee said:
but implied status IS a legal status, is that correct ? the experts and seniors here know that for sure.
Yes!

Until you have a decision on your visitor extension request, your implied status is, in essence, a continuation of that (your current/previous) status.

If your request is denied, you would then have 90 days to apply for Restoration of Status and would still be [technically] legal during that time.
 

rosalee

Member
Dec 30, 2014
16
0
yes it is really confusing and I am pretty sure I have in the next days a ton of questions regarding the forms to fill out. My husband is Canadian like you and completely overwhelmed by all the paperwork, so its pretty much on me to make sure that all is correct when we submit everything, even though I am overwhelmed also and that whole process gives me sleepless nights. But I see here on the forum many people went trough all that also successfully and that gives me hope that one day I will also be landed and can stay with my husband and work also here.
 

chris1302

Star Member
Sep 12, 2014
127
3
ottawa
Category........
Visa Office......
Mississauga
Job Offer........
Pre-Assessed..
Ponga said:
Yes!

Until you have a decision on your visitor extension request, your implied status is, in essence, a continuation of that (your current/previous) status.

If your request is denied, you would then have 90 days to apply for Restoration of Status and would still be [technically] legal during that time.
So my husband still has a legal status in canada even though we have not heard back from cic. Can I go ahead and send the application then, and in the meantime if he is denied (which I don't think he will be, I am a canadian citizen, working fulltime and can support the 2 of us) we can then apply for restoration? My quesiton is can I send the inland application with OWP and will he be eligable to receive the OWP within 4 months, in regards to this new pilot program they are offering?

thankyou Ponga, I see you are very helpful mhere :)