Refused. When To Apply For Restoration Of Status >> Common Law

[tony.harris]

Order gcms notes to see the officers reason for refusing your application that way when you apply for restoration you can address any concerns they might have regarding your case.

Does ordering the gcms notes effect my restoration or common law application?

 

[tony.harris]

@tony.harris my partner and I are in the same position. Will you do this yourself or will you hire a lawyer/consultant?

We’re planning on doing this ourselves since lawyers are so expensive, but I have spoken with lawyers about just reviewing and leaving notes for application once I am done, which is much cheaper.

I recommend this since it’s going to take longer for them to do the application. That said, I have done sooo much research on this and taken many free consultations with lawyers to ask as many questions as possible.

I don’t know how comfortable you are doing it yourself but if you have the money I recommend getting a lawyer. If you do want to do it yourself I can send resources that may help

 

[tony.harris]

Hi there - since you no longer have status in Canada you'd be well advised to carry something that says that you've applied for restoration. While it isn't likely to happen, you could be arrested, detained and removed without much trouble or paperwork for the CBSA inland officer.

People without legal status in Canada are easy pickings but if you can show that you're actively pursuing a return to legal visitor's status then they might not cuff you up and haul you away. Having an enforcement file and a removal order will submerge you into a significant immigration morass as you try to return to Canada, and you can expect to add year(s) to the process, so that's the possible downside of waiting to fix your current illegality.

Good luck

When you say being arrested, do you mean if I am for example getting pulled over for speeding or something. They’re not just going to show up to my address?

To be clear I am not waiting much longer, just need some more time to complete my application like a week or so, there’s so many documents to gather.

I’d like to know if you recommend I apply for restoration ASAP or I have enough time to wait a few weeks to send it in with my application?

Thanks!

 

[Bornlucky]

When you say being arrested, do you mean if I am for example getting pulled over for speeding or something. They’re not just going to show up to my address?

To be clear I am not waiting much longer, just need some more time to complete my application like a week or so, there’s so many documents to gather.

I’d like to know if you recommend I apply for restoration ASAP or I have enough time to wait a few weeks to send it in with my application?

Thanks!

Hi - I don't want to alarm you as much as alert you to the idea that you're in a foreign country without any legal status. If you come to the attention of the CBSA their perspective will centre on you being in contravention of Canada's Immigration Act and their responsibility to enforce it.

If you can demonstrate that you're trying to fix your status, and not be here without authorization (legal status) then this is a good thing. If you're peddling about without any visible evidence that you're not just ignoring Canada's laws then the grounds for arrest could be your unlikeliness to appear for any further action.

A person can come to the attention of the CBSA in any number of ways, so a jealous or malicious person who gets wind of your status is a common source of CBSA statistics. A small car accident, your partner's friends and/or enemies, the jerk next door - ya just never know.

If you're in any country without status you can end up in detention awaiting removal, Canada too.

Good luck

 

[caipsnotes]

Does ordering the gcms notes effect my restoration or common law application?

Requesting the GCMS notes has not adverse affect on your visa application.

See

https://twitter.com/i/web/status/1039207796208803841

 

[tony.harris]

Hi - I don't want to alarm you as much as alert you to the idea that you're in a foreign country without any legal status. If you come to the attention of the CBSA their perspective will centre on you being in contravention of Canada's Immigration Act and their responsibility to enforce it.

If you can demonstrate that you're trying to fix your status, and not be here without authorization (legal status) then this is a good thing. If you're peddling about without any visible evidence that you're not just ignoring Canada's laws then the grounds for arrest could be your unlikeliness to appear for any further action.

A person can come to the attention of the CBSA in any number of ways, so a jealous or malicious person who gets wind of your status is a common source of CBSA statistics. A small car accident, your partner's friends and/or enemies, the jerk next door - ya just never know.

If you're in any country without status you can end up in detention awaiting removal, Canada too.

Good luck

I’ve already paid for the permanent residency common-law fee in the application, is that enough to show proof that I’m looking to restore my status?

We’re also during a pandemic, it would be very inconsiderate for me and heartbreaking to just go up and leave my partner of 4 years at our apartment where we both pay rent. And a country I have lived in legally for 7 years (had work permits before), I’ve only been out of status for 1 month. Also the Canadian international borders might not reopen for 2 years because of Covid so it makes no sense to apply Outland, it’s not that easy to just go up and leave everything behind. Canada is more my home than anywhere else now. Keep in mind I am 25 so most of my adult life has been here.

So it’s not like I’m just trying to stay in Canada out of status, I’ve been working non-stop on this application for the last 4 weeks.

I know what the risks of being out of status are, my question is regarding the solutions. Is it recommended I apply for restoration of status before I complete my application to avoid the risks? Or is it okay to just send it in along with my application?

Thanks

 

[tony.harris]

@Joeydocs

It doesn’t seem to make sense to order gcms notes since it says it takes 30 to 40 days to receiving and I’m looking to have my application complete in 14 days. I don’t want to extend the wait any longer. I know why my extension was denied, it was my 5th time asking (after 4 approvals).

I’ve spoken with a few lawyers and their saying I have a very strong case to make, especially because we became common law after applying for the extension and it’s a pandemic.