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Provincial Nominee During Restoration of Status?

AgurBadur

Member
Jul 25, 2016
12
0
Hi,

Once you are in a 90 restoration period, what is your status?
The reason why I want to know is that if the province nominates for express entry, you must have a valid status if you are in Canada.

Also, if you are in express entry already, what do you indicate once you are waiting for the status to be restored?

Thank you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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App. Filed.......
06/12
AgurBadur said:
Once you are in a 90 restoration period, what is your status?
The reason why I want to know is that if the province nominates for express entry, you must have a valid status if you are in Canada.

Also, if you are in express entry already, what do you indicate once you are waiting for the status to be restored?
You have no status; you are illegal.
 

siddharth_pharma84

Hero Member
Jun 25, 2011
803
45
WINNIPEG
Category........
PNP
Visa Office......
Sydney
App. Filed.......
11-07-2016
Doc's Request.
none
Nomination.....
22-04-2016
AOR Received.
21-10-2016
IELTS Request
upfront
File Transfer...
3-11-2016 to New Delhi
Med's Request
16-12-2016
Med's Done....
5-01-2017, MED submit online 10-01-2017. MED passed 12-01-2017
Interview........
Not required at this time. DECISION MADE: 27-06-2017
Passport Req..
04-07-2017, Passport to Ottawa : 04-07-2017, Passport received by Ottawa : 06-07-2017
VISA ISSUED...
25-07-2017, Passport Dispatched by CIC: 28-07-2017, Passport frm CIC: 31-07-2017
LANDED..........
31-07-2017
AgurBadur said:
Hi,

Once you are in a 90 restoration period, what is your status?
The reason why I want to know is that if the province nominates for express entry, you must have a valid status if you are in Canada.

Also, if you are in express entry already, what do you indicate once you are waiting for the status to be restored?

Thank you.
Within those 90days you are under restoration period, after 90 days illegal. Better apply for vistor visa inland, you may get extension 6 months or more. Express entry no idea mate.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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Visa Office......
London
App. Filed.......
06/12
siddharth_pharma84 said:
Within those 90days you are under restoration period, after 90 days illegal.
Incorrect. A person is illegal as soon as their status expires. They have 90 days to apply for Restoration but are still illegal that entire time.
 

siddharth_pharma84

Hero Member
Jun 25, 2011
803
45
WINNIPEG
Category........
PNP
Visa Office......
Sydney
App. Filed.......
11-07-2016
Doc's Request.
none
Nomination.....
22-04-2016
AOR Received.
21-10-2016
IELTS Request
upfront
File Transfer...
3-11-2016 to New Delhi
Med's Request
16-12-2016
Med's Done....
5-01-2017, MED submit online 10-01-2017. MED passed 12-01-2017
Interview........
Not required at this time. DECISION MADE: 27-06-2017
Passport Req..
04-07-2017, Passport to Ottawa : 04-07-2017, Passport received by Ottawa : 06-07-2017
VISA ISSUED...
25-07-2017, Passport Dispatched by CIC: 28-07-2017, Passport frm CIC: 31-07-2017
LANDED..........
31-07-2017
canuck_in_uk said:
Incorrect. A person is illegal as soon as their status expires. They have 90 days to apply for Restoration but are still illegal that entire time.
Spoke to CIC call centre Representative and Province Immigration Officer. I stand by my information. May be you have been Misinformed.

Restoration of Status


Those who have stayed 90 days or less beyond the validity of their temporary status can apply to restore that status. It is possible to apply to restore the same type of status (e.g. application for a new study permit after an initial study permit expires), or to restore status under a new category (e.g. application for a work permit within 90 days of visitor status expiring).

After 90 days, the restoration of status option is lost. This deadline is strict. If more than 90 days have passed, it is usually advisable that a person leave Canada before their overstay is detected where this is a valid option.

source: 1. http://perlaw.ca/en/newsroom/publications/2013/8/9/living-without-status-in-canada-you-may-have-options
2. http://meurrensonimmigration.com/restoration-of-status/
3. http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp


Read Carefully and stop MISREPRESENTING INFORMATION for all those already in trouble. Don't stay in CANADA beyond 90 day thats Illegal and you are not allowed to work In Restoration period .
 
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canuck_in_uk

VIP Member
May 4, 2012
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siddharth_pharma84 said:
Read Carefully and stop MISREPRESENTING INFORMATION for all those already in trouble. Don't stay in CANADA beyond 90 day thats Illegal and you are not allowed to work In Restoration period .
Nope, still wrong. Once a person's status expires, they are ILLEGAL. If a person applies for and is granted Restoration, it will retroactively legalize their stay. However, until Restoration is approved, a person is illegal. If a person doesn't apply for Restoration and leaves within 90 days of their status expiring, they were still here ILLEGALY that whole time.

Immigration and Refugee Protection Act:

Obligation — temporary resident

(2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay


A person must leave at the end of their authorized stay, i.e. when their work/study permit or visitor status ends. A person who doesn't leave by then is in violation of the law and here illegally.
 

siddharth_pharma84

Hero Member
Jun 25, 2011
803
45
WINNIPEG
Category........
PNP
Visa Office......
Sydney
App. Filed.......
11-07-2016
Doc's Request.
none
Nomination.....
22-04-2016
AOR Received.
21-10-2016
IELTS Request
upfront
File Transfer...
3-11-2016 to New Delhi
Med's Request
16-12-2016
Med's Done....
5-01-2017, MED submit online 10-01-2017. MED passed 12-01-2017
Interview........
Not required at this time. DECISION MADE: 27-06-2017
Passport Req..
04-07-2017, Passport to Ottawa : 04-07-2017, Passport received by Ottawa : 06-07-2017
VISA ISSUED...
25-07-2017, Passport Dispatched by CIC: 28-07-2017, Passport frm CIC: 31-07-2017
LANDED..........
31-07-2017
canuck_in_uk said:
Nope, still wrong. Once a person's status expires, they are ILLEGAL. If a person applies for and is granted Restoration, it will retroactively legalize their stay. However, until Restoration is approved, a person is illegal. If a person doesn't apply for Restoration and leaves within 90 days of their status expiring, they were still here ILLEGALY that whole time.

Immigration and Refugee Protection Act:

Obligation — temporary resident

(2) A temporary resident must comply with any conditions imposed under the regulations and with any requirements under this Act, must leave Canada by the end of the period authorized for their stay



You have Zero knowledge on ground reality but some one who Copy paste wrong information. ITS NOT ILLEGAL TO STAY IN CANADA DURING RESTORATION PERIOD WITHIN 90 DAYS BUT IF YOU STAY AFTER 90 DAYS ITS ILLEGAL.

I STAND BY MY WORDS

A person must leave at the end of their authorized stay, i.e. when their work/study permit or visitor status ends. A person who doesn't leave by then is in violation of the law and here illegally.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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Visa Office......
London
App. Filed.......
06/12
siddharth_pharma84 said:
You have Zero knowledge on ground reality but some one who Copy paste wrong information.

ITS NOT ILLEGAL TO STAY IN CANADA DURING RESTORATION PERIOD WITHIN 90 DAYS BUT IF YOU STAY AFTER 90 DAYS ITS ILLEGAL.

I STAND BY MY WORDS
Oh yeah, I have 8000+ posts over the past 4 years and I'm copying information directly from immigration law but I know nothing about any of this...

I will say it one more time: when a person's status expires, they are no longer legally in Canada.
 

scylla

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Jun 8, 2010
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Pre-Assessed..
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I'm not sure why this is turning into such a big discussion. A person is in Canada without status (i.e. no valid status) during the 90 day restoration period. They're not on a valid visa or permit and they're not on implied status. There's no special status a person has during the 90 day restoration period - they are quite simply out of status in Canada. Out of status and illegal mean the same thing - CIC just doesn't use the word "illegal" because it's politically incorrect.

If a PNP program requires you to have status while applying under express entry, then you cannot apply during the 90 days restoration period or after you have applied for restoration. You have to wait until the restoration application has been approved and you have status in Canada again.

Again, very straight forward.
 

siddharth_pharma84

Hero Member
Jun 25, 2011
803
45
WINNIPEG
Category........
PNP
Visa Office......
Sydney
App. Filed.......
11-07-2016
Doc's Request.
none
Nomination.....
22-04-2016
AOR Received.
21-10-2016
IELTS Request
upfront
File Transfer...
3-11-2016 to New Delhi
Med's Request
16-12-2016
Med's Done....
5-01-2017, MED submit online 10-01-2017. MED passed 12-01-2017
Interview........
Not required at this time. DECISION MADE: 27-06-2017
Passport Req..
04-07-2017, Passport to Ottawa : 04-07-2017, Passport received by Ottawa : 06-07-2017
VISA ISSUED...
25-07-2017, Passport Dispatched by CIC: 28-07-2017, Passport frm CIC: 31-07-2017
LANDED..........
31-07-2017
canuck_in_uk said:
Oh yeah, I have 8000+ posts over the past 4 years and I'm copying information directly from immigration law but I know nothing about any of this...

I will say it one more time: when a person's status expires, they are no longer legally in Canada.
Do I care about your posts, Hmm naah!! ;D Not happening. After dealing with Immigration officer , really know what I am taking about. Stand by my words!. CIC clearly gives applicant another chance to apply within 90days. Yes its illegal to work in Canada after your permits get rejected. Every person entitled to own opinion. Learned it by speaking to authority.

Recieved my Nomination within 20days in April 2016
Extended my Nomination within 2 day along with Support letter and Wrapa in Oct 2016

Really update your knowledge base and stop bragging about. Post qualitative information rather than quantitative.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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Visa Office......
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App. Filed.......
06/12
siddharth_pharma84 said:
Do I care about your posts, Hmm naah!! ;D Not happening. After dealing with Immigration officer , really know what I am taking about. Stand by my words!. CIC clearly gives applicant another chance to apply within 90days. Yes its illegal to work in Canada after your permits get rejected. Every person entitled to own opinion. Learned it by speaking to authority.

Recieved my Nomination within 20days in April 2016
Extended my Nomination within 2 day along with Support letter and Wrapa in Oct 2016

Really update your knowledge base and stop bragging about. Post qualitative information rather than quantitative.
To OP and anyone else that may read this thread, please ignore this poster.

A person who stays beyond their status expiry is in Canada illegally. IRCC allows 90 days for a person to apply for Restoration but a person is still illegal until Restoration is actually granted. This is basic immigration law.
 

siddharth_pharma84

Hero Member
Jun 25, 2011
803
45
WINNIPEG
Category........
PNP
Visa Office......
Sydney
App. Filed.......
11-07-2016
Doc's Request.
none
Nomination.....
22-04-2016
AOR Received.
21-10-2016
IELTS Request
upfront
File Transfer...
3-11-2016 to New Delhi
Med's Request
16-12-2016
Med's Done....
5-01-2017, MED submit online 10-01-2017. MED passed 12-01-2017
Interview........
Not required at this time. DECISION MADE: 27-06-2017
Passport Req..
04-07-2017, Passport to Ottawa : 04-07-2017, Passport received by Ottawa : 06-07-2017
VISA ISSUED...
25-07-2017, Passport Dispatched by CIC: 28-07-2017, Passport frm CIC: 31-07-2017
LANDED..........
31-07-2017
canuck_in_uk said:
To OP and anyone else that may read this thread, please ignore this poster.

A person who stays beyond their status expiry is in Canada illegally. IRCC allows 90 days for a person to apply for Restoration but a person is still illegal until Restoration is actually granted. This is basic immigration law.
canuck_in_uk said:
Hi!

I'm new to the forum. I'm a Canadian living in the UK with my British boyfriend. We've just started to look at the application for common-law partner sponsorship and I already have a few questions if anyone can help :). I haven't lived in Canada for a few years; I know that I can still sponsor him but have to show that I intend to settle in Canada but I don't have any of the things that they ask for, ie job offer, rental document, university acceptance. What else can I use? I'll have a one-way ticket to Canada, I still have an active Canadian bank account that I transfer all of my savings into, I can get letters from friends and family in Canada saying that I'm coming back. Just wondering what kind of proof anyone else used?? Also, as I've been reading through previous posts, quite a few people have mentioned an 'option C' from. What is that and who needs to fill it out? Thanks so much!!!




;D Mature act . I think you have learned nothing living in Canada. These are your post. Save the Trouble. So you have lot of knowledge all theories. If you never been a student, Provincial Nominee ever but fiddled around Spousal visa and Family Sponsor. Stop bragging.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,198
Visa Office......
London
App. Filed.......
06/12
siddharth_pharma84 said:
;D Mature act . I think you have learned nothing living in Canada. These are your post. Save the Trouble. So you have lot of knowledge all theories. If you never been a student, Provincial Nominee ever but fiddled around Spousal visa and Family Sponsor. Stop bragging.
I'm not bragging. I'm simply pointing out that I have been advising on this forum far longer than you. I don't understand what you think dredging up my first post from over 4 years ago shows.

Stop being rude and insulting. It is not helping anyone and it simply makes you look childish.
 

siddharth_pharma84

Hero Member
Jun 25, 2011
803
45
WINNIPEG
Category........
PNP
Visa Office......
Sydney
App. Filed.......
11-07-2016
Doc's Request.
none
Nomination.....
22-04-2016
AOR Received.
21-10-2016
IELTS Request
upfront
File Transfer...
3-11-2016 to New Delhi
Med's Request
16-12-2016
Med's Done....
5-01-2017, MED submit online 10-01-2017. MED passed 12-01-2017
Interview........
Not required at this time. DECISION MADE: 27-06-2017
Passport Req..
04-07-2017, Passport to Ottawa : 04-07-2017, Passport received by Ottawa : 06-07-2017
VISA ISSUED...
25-07-2017, Passport Dispatched by CIC: 28-07-2017, Passport frm CIC: 31-07-2017
LANDED..........
31-07-2017
canuck_in_uk said:
I'm not bragging. I'm simply pointing out that I have been advising on this forum far longer than you. I don't understand what you think dredging up my first post from over 4 years ago shows.

Stop being rude and insulting. It is not helping anyone and it simply makes you look childish.
I need to Stop here. Your previous posts shows, You don't know nothing Practically about Provincial Nominee Applicants. If you advise learn to imbibe new idea from others , who face real issues as Restoration. Empty pot sounds too much.You don't hv real name even. Grow up Kiddo! :p

"To OP and anyone else that may read this thread, please ignore this poster."This shows your Childish attitude and lack of accepting facts.


canuck_in_uk said:
You have no status; you are illegal.
This is your suggestion really!! Other ways possible too. He/she can apply for vistor visa and restore his status. Aperson with provincial nomination can apply for Inland vistor visa.

Your knowledge base 0 or you have issues with Asian applicants, providing wrong Information. Forums are meant for learning.A born Canadian cannot understand, a new immigrant journey ever. Neither I expect anything more from you. This forum is serious thing for me not a blog.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,198
Visa Office......
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App. Filed.......
06/12
siddharth_pharma84 said:
I need to Stop here.

He/she can apply for vistor visa and restore his status.

Aperson with provincial nomination can apply for Inland vistor visa.
Yes, please stop with your incorrect information and insults.

Also, a few more corrections. A person in Canada without status can apply to restore their visitor status, something completely different than a visitor visa. A visitor visa, also known as a TRV, does not grant status in Canada. It is simply allows a person to board a commercial carrier to Canada. Moreover, a person without status in Canada cannot actually apply for a TRV from within Canada; only workers and students with valid permits have that option.