Restoration of status - how long do they give you after restoration?

[begaana]

Well, the restoration of status application has been signed for at Vegreville—so I guess my wife is now in implied status.

In other news, the lawyer called a few days ago—after being silent for about a month, and AFTER we submitted the application! And of course it’s too late to avail ourselves of his services now. At least we saved ourselves the lawyer’s fees.

 

[uttsweb]

Hi Begaana,

I've restored my status one or two times in the past and its not a problem at all if your application is complete for the status you are restoring to. So you have to assess if your wife applied for a study permit what are the chances that she will get it? Were you able to submit all the documents? The main ones being enrollment letter, proof of funds etc. If her application was complete for the study permit, her status will be restored to that and you just have to wait. You just have to pay an extra fee for restoration.

Once they restore the status, they will restore it to the length of the course she is doing or till the time her passport is valid. Whatever comes first.

In the worst case scenario of it being rejected, they do not give you a fixed time to leave the country. You just have to do it as soon as possible but as far as I know there is no fixed timeline for it. She is on implied status until she gets a response from CIC so she can stay until she hears from CIC.

Ssparkles.

Hi Begaana / Ssparkles

People often post on a discussion forum if that have a problem. Same problem pulled me to this forum. I am hoping you guys can clearify my problem.

My condition is also related to restoration of status in Canada. My wife and me came to Canada on 2010, My wife as a student and me as a dependent. Once we came here I changed my status to Worker (as a spouse of a student is allowed to work). Recently she completed her Masters degree and applied a "Post Graduate work permit". At the same time I also applied for the work permit extension but got rejected. The rule is I cannot get a work permit unless my wife get a Job in Canada that falls under NOC 0, A or B level. Currently she don't have job.

Now the condition is, my legal status ended on 18th March 2013 (that is few days ago). Now I have to restore my status or else should leave after 90 days.

Now my questions are:
1. Can I restore my status as Visitor? So that I could change it later on when my wife gets job.
2. I tried to apply online but it only shows $200 fee for restoration but do not charge $75 for Visitor application. In such case my application will be rejected if I don't pay $275 in total.
3. Can a work permit holder can restore his / her status to Visitor?
4. If I apply on paper it might take more than 90 days in total. Can I stay in Canada longer that what I am allowed in such case.

Thanks in advance and hoping to get your reply very soon.

 

[begaana]

uttsweb, honestly I don't have solid answers to your questions but I will answer anyway.

1. I doubt that you could restore a status you never had. I'm not positive though.
2. I had the same problem with the online application. My guess is that CIC only wants $200, but we filled out a paper application and paid $275 just to be safe. If it's too much they will refund the $75; this is what the lawyer told me before he disappeared.
3. Same as #1.
4. If you mean that it will for some reason take you more than 90 days before you can *submit* a paper application, of course you must submit before the 90 days are over. If you mean that you will submit within 90 days but you are afraid the decision will come after the 90 days are over, don't worry too much. They are instructed not to bother with you until a decision regarding your status has been made. Theoretically they can remove you but their internal documents instruct them to facilitate the restoration of status. But what is important is that you absolutely must submit the application within 90 days.

 

[ssparkles]

Well, the restoration of status application has been signed for at Vegreville—so I guess my wife is now in implied status.

In other news, the lawyer called a few days ago—after being silent for about a month, and AFTER we submitted the application! And of course it's too late to avail ourselves of his services now. At least we saved ourselves the lawyer's fees.

Tha's great news, now you have to just do the famous 'waiting game'! lol

I think you're lucky your lawyer disappeared, if he wasn't available before even starting the process, who knows how it would've been after you paid him. You might've gotten stuck with this lawyer. Things happen for a reason and I feel things are working for the better for you. Good luck!

 

[ssparkles]

1. Can I restore my status as Visitor? So that I could change it later on when my wife gets job.

Yes you can. There is a way to extend you status as a visitor (this is not a visitor visa but is a visitor status). As long as you have a valid reason to extend your status to stay here they will give it to you. For example when my post graduate work permit expired and i was waiting for my PR i applied stating that reason that i was waiting for it and they gave it to me. So if you were to write a short but clear letter stating how you were working and cannot do so until your wife is employed and would like to extend your status until such a time, I think you have a good shot at getting it. Be as clear and accurate as you can. You have to apply for how long you want this, so whatever time you give, make sure you have good reasoning and an explanation behind it.


2. I tried to apply online but it only shows $200 fee for restoration but do not charge $75 for Visitor application. In such case my application will be rejected if I don't pay $275 in total.

In this case begaana had the same situation and he is right, its better to be safe and pay more rather than less. they will refund any excess fee.

3. Can a work permit holder can restore his / her status to Visitor?

Yes as explained above, as long as you have a good reason and explain it well and provide all required documents.

4. If I apply on paper it might take more than 90 days in total. Can I stay in Canada longer that what I am allowed in such case.

Once you apply you are on implied status, so until they send you a yes or no reply you can stay here. However do no cross the 90 day mark coz that'll just make you illegal i think and a whole bunch of problems likely to come your way. Stay within the 90 days and apply as soon as you can i would say.

 

[simonsimonski]

Good Morning

Any update on restoring status? I'm in similar boat but because my stupidity. I resubmitted a form that has been updated since and immigration canada sent it back to me with a letter. So i reapplied for extension and restoration of visitor visa. In july 19, 2013. After 3 months i finally called them today and they told me that in october they deemed it for restoration application so it will take up to 16 weeks now. Then he mentioned to me that my wife does not have a legal status here. To this i replied, well that's not what previous person told me when i called back in July. Can someone clarify? Here is time line.

Apr 2013: submitted visitor visa extension.
May 2013: expired original visa
July 2013: got a letter from immigration canada, called to verify and resubmit forms
Oct 21, 2013: called immigration, found out status and wait another 16 weeks.

At this point is my wife ok to stay still or should i be trying to send her to Poland to avoid problems?

I'm also sponsoring her in mean time from within country.

Thanks in advance