Restoration of status and being out of status while waiting on P.R.

[Ljunkin]

Does anyone have experience with restoration of status or being out of status?

I applied for a visitor visa on 8th December 2014, as my work permit was expiring on 14th January 2015. I needed the visitor visa to tide me over as I wait on my spousal sponsorship P.R. to come through. (I married a Canadian in August and applied for Family Class P.R. in October 2014.)

Horrifyingly, I just found out that the visitor visa has been refused, as one of my files failed to upload properly. I was notified that I can apply for restoration of status within 90 days of my status expiring, which I did immediately. In the meantime, I am without status.

I'm at my wits end. The person at the CIC call centre told me it's best to stay in Canada and await the decision but nothing is guaranteed.
Meanwhile my immigration consultant tells it's best to leave and try and re-enter at the border for a 6 month visitor visa ASAP as remaining without status can jeopardise my P.R. application. But this leaves my fate up the individual border guard who could refuse entry, which would surely be a black spot on my immigration record?

Does anyone have advice on what the best course is? Should I stay in Canada without status, and wait the 100+ days for their decision or should I leave and try to re-enter? Or is it better to leave and not come back until I have the P.R. decision?

Thanks in advance!

 

[Jalex23]

Or is it better to leave and not come back until I have the P.R. decision?

This is the best decision. You can come back after being out of the country for let's say 3-6 months (PR sponsorships take a long while).

There is nothing wrong with applying for restoration and waiting for an answer. Just don't work nor study.

Going out and try to re-enter is the worst advice possible. The CBSA officer would know you are trying to abuse rules, as you were refused and now you are trying to be "smart" and skip the line. They can be tough with you and yes they can refuse reentry.... or they can just let you go through. I wouldn't take this risk.