Over stayed visitor visa and in the middle of spousal sponsorship

[anthonygum]

Hi everyone,
Just a little backround, i came to Canada on 18th may 2016 and got a 6 month visitor visa which ran out on 18th November 2016. so im now 20 days past my visa :-[

My common-law partner submitted a Sponsor a Member of the Family Class, on my behalf. Which was cic received on 6th October 2016. I got the email confirming this on 9th November 2016, along with a UCI which i believe will be my partners UCI?

My next plan was to wait for a 'sponsorship file number' and i then could apply for an open work permit which would have put me in implied status.

Ive started to fill out a application to reinstate my status in Canada as a visitor which cost $200

So my question is..
1) Do i need to apply to reinstate my status in Canada as a visitor?
2) Am i under implied status since they have received a Sponsor a Member of the Family Class on my behalf?
3) Will this hurt my chances in anyway?
4) What if i get a 'sponsorship file number' in the next few days and apply for an open work permit without reinstating my status in Canada? can i do that?
5) If i do apply to reinstate my status in Canada as a visitor, should i try and get another 6 month visitor visa?

Thank you for any help! i appreciate it very much!!
Anthony.

 

[profiler]

Hi everyone,
Just a little backround, i came to Canada on 18th may 2016 and got a 6 month visitor visa which ran out on 18th November 2016. so im now 20 days past my visa :-[

My common-law partner submitted a Sponsor a Member of the Family Class, on my behalf. Which was cic received on 6th October 2016. I got the email confirming this on 9th November 2016, along with a UCI which i believe will be my partners UCI?

My next plan was to wait for a 'sponsorship file number' and i then could apply for an open work permit which would have put me in implied status.

Ive started to fill out a application to reinstate my status in Canada as a visitor which cost $200

So my question is..
1) Do i need to apply to reinstate my status in Canada as a visitor?
2) Am i under implied status since they have received a Sponsor a Member of the Family Class on my behalf?
3) Will this hurt my chances in anyway?
4) What if i get a 'sponsorship file number' in the next few days and apply for an open work permit without reinstating my status in Canada? can i do that?
5) If i do apply to reinstate my status in Canada as a visitor, should i try and get another 6 month visitor visa?

Thank you for any help! i appreciate it very much!!
Anthony.

Fill out and submit this. You have to do it before 90 days: http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

PR applications in process do not carry implied status.

Unless you filed an 'inland' or 'in Canada' application, you are not eligible (right now) for an OWP.

 

[anthonygum]

Thank you for the reply, the link you posted looks like to restore a working visa or study visa, ive started to fill out one that i belive is for a visitor visa. one last question, does it matter if i ask for a 6month or 3month visitor visa?

Thank you.

 

[profiler]

Thank you for the reply, the link you posted looks like to restore a working visa or study visa, ive started to fill out one that i belive is for a visitor visa. one last question, does it matter if i ask for a 6month or 3month visitor visa?

Thank you.

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp allows you to restore status as a visitor.

3 months, 6 months, 12 months. Any seems to work (I can only comment on what I have read here -- we didn't have to use this route).

 

[BethanyM]

Thank you for the reply, the link you posted looks like to restore a working visa or study visa, ive started to fill out one that i belive is for a visitor visa. one last question, does it matter if i ask for a 6month or 3month visitor visa?

Thank you.

I realize you are in Canada, but did you file your Permanent Resident application as an inland application or an outland application?

 

[anthonygum]

I realize you are in Canada, but did you file your Permanent Resident application as an inland application or an outland application?

i applied inland. i was advised that it is best to submit the open work permit after i get the sponsorship file number and not with the spousal sponsorship visa application.

 

[profiler]

i applied inland. i was advised that it is best to submit the open work permit after i get the sponsorship file number and not with the spousal sponsorship visa application.

ugh...
No you're better to submit both at the same time.

That said, you can apply to restore your status with the OWP package.

 

[anthonygum]

ugh...
No you're better to submit both at the same time.

That said, you can apply to restore your status with the OWP package.

??? i was told it would be a little quicker to do it this way..

 

[profiler]

??? i was told it would be a little quicker to do it this way..

No, because now you have to wait 6 weeks (for a response from CPC-M) before you can apply for the OWP. You lose the time it takes for CPC-M to give you a response...

If you send the OWP with the PR, they dispatch it right away and you get the OWP in about 4 months.

 

[anthonygum]

No, because now you have to wait 6 weeks (for a response from CPC-M) before you can apply for the OWP. You lose the time it takes for CPC-M to give you a response...

If you send the OWP with the PR, they dispatch it right away and you get the OWP in about 4 months.

i was told that once i received the sponsorship file number, i then apply for my OWP quoting the SFN and then it would take around another month to get the OWP.
This was from a immigration consultant who had clients.

anyway, thats a minor point now, should i tell cic that i have this application on-going?

 

[profiler]

i was told that once i received the sponsorship file number, i then apply for my OWP quoting the SFN and then it would take around another month to get the OWP.
This was from a immigration consultant who had clients.

anyway, thats a minor point now, should i tell cic that i have this application on-going?

Wait for AOR, then file the OWP with the intent to "Restore your status as a worker" (Box 3 of the Work Permit form).

 

[anthonygum]

Wait for AOR, then file the OWP with the intent to "Restore your status as a worker" (Box 3 of the Work Permit form).

Is AOR same as the sponsorship file number?
Will selecting "Restore your status as a worker" be okay because i had status as a visitor before?

Sorry for all the noob questions. you guys are heros!

 

[profiler]

Is AOR same as the sponsorship file number?
Will selecting "Restore your status as a worker" be okay because i had status as a visitor before?

Sorry for all the noob questions. you guys are heros!

The AOR acknowledges that you have an application filed. It will have a file (application) number in it.

Yes. It used to be that you had to restore status before applying for the OWP. However, the new forms allow you to do both in one step.

And don't be sorry.

See: http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Have a look at IMM 5710.

 

[anthonygum]

The AOR acknowledges that you have an application filed. It will have a file (application) number in it.

Yes. It used to be that you had to restore status before applying for the OWP. However, the new forms allow you to do both in one step.

And don't be sorry.

Okay awesome. So i have another 50 days to hopefully get the AOR and then i can apply for the OWP.
If i dont get the AOR in that time and have to apply without the OWP to restore my status, do i have to wait to hear back from that application before i apply for my OWP?

Should i write a big "im sorry" on the application because i overstayed my visa? or do they kinda over look this?

I owe you a drink!

 

[profiler]

I owe you a drink!

Just let me know where to collect

Okay awesome. So i have another 50 days to hopefully get the AOR and then i can apply for the OWP.
If i dont get the AOR in that time and have to apply without the OWP to restore my status, do i have to wait to hear back from that application before i apply for my OWP?

If you don't have an AOR by 80 days, I would look at filing to restore your status as a visitor. The day you submit either, you have an implied status as a visitor until they accept / reject.

Should i write a big "im sorry" on the application because i overstayed my visa? or do they kinda over look this?

No it's pretty common...that's why they have the restoration of status / OWP + ROS / public policy which allows for the processing of inland applications while the person is out of status.