AgurBadur said:
What happens when you receive nomination in ontario? Is it better to just to leave then and send document from outside or to quickly submit for restoration of status as a visitor?
It is a personal decision - whether you want to tough it out and wait for restoration to be completed and regain status (either applying to regain former status or applying to change status) while in-country, or leave, and submit your PR application from outside of the country. You are out-of-status, but permitted to stay in the country and apply for restoration to regain status within the grace period of 90days. Submitting an application (restoration) permits you to remain in-country as you have a restoration application in-progress, but you do not have your former status (as a student, as a worker, or as a visitor). If you tough it out and remain in-country, note you do not have any legal status to work or study, while your application is being processed.
This topic is quite dear to me as I went through this quandary a few years back. I lost status just before I was to submit my federal PR application. I was also a PN, on an economic skiller worker stream. My application for an extension of my WP was rejected - error in paperwork - the nomination certificate was inadvertently omitted in the document submission. It is important to note here that my existing WP expired before the results of extension WP was received, thus I went into implied status while waiting for the results.
Suffice to say a negative result for the WP extension - I was out-of-status. Included in the rejection of the WP application was a letter informing I was out-of-status - wherein instructions were included to apply for restoration within 90days or if I had no intention - exit the country immediately. The exact wording in my letter is:
"You are a person in Canada without temporary resident status and if you do not intend to apply for restoration you must leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you."
scylla is on point here - the language in the letter is PC - it does not use the term "illegal".
It took me a multiple calls to CIC agents, a half-a-dozen trips to the local MP office, to the local provincial immigration office, and multiple sessions with immigration consultant-laywers of the company who I worked for - to drill in the reality - I had no status. Even with submitting a restoration applicaton - I still had no status - and I cannot submit my PR application. And I cannot work.
So tough it out I did - my nomination certificate was valid for at least a year, so I figured I still can afford to wait for restoration. And as canuck_in_uk mentioned - a restoration is quite lengthly - it took me around 12-14weeks at that time. It maybe faster now.
While I was allowed to stay in the country pending the results of my restoration application - I needed to bootstrap and support myself. A restoration application is not as simple as it sounds - the restoration application needs to be resolved first (you have to be found not to be in violation of the terms of the original permit and thus eligible for restoration), then the next is the application for either a change in status (i.e changing from student/worker to visitor), or same status (an application for a WP or SP) is resolved.
And as Ponga stated - whether the status that expired is as a worker, student, or visitor - the rules and process for restoration is the same.
.../all the best to you...
