Restoration of Status - Visitor Ext question

[Johninsask]

Hey Everybody!

In Nov 2014 I applied for a visitor extension, and was refused on 1/9/15 for not providing evidence of being in possession of a valid passport--sadly, I unknowingly/accidentally uploaded the wrong passport file to the CIC website when I used their online application. This was *my* fault, not CIC's, and so I was advised in the refusal letter to apply for restoration of status--which I did on 1/14/15.

Here's the rub: On 1/14/15, I filed the application for Restoration of Status, and indicated that I would like to extend my status until May 15th (i.e. six months from the day that my last visitor record was set to expire) rather than June 14th/June 15th (six months from the day I applied for restoration of status). In other words, I neglected to update the application.

I also intend to apply for permanent residence once my gf and I have qualified for common law status (we qualify in early March--however in order to obtain an open work permit under the new pilot program, and not wait 17 months for stage 1 approval, I need to be "in status"). I should also add that she has two wonderful kids that I love and care for. I want to give those kids everything.

After my MP's office called CIC today, CIC said that the application cannot be changed/amended/altered. Yikes. Theoretically my restoration (which takes 16 weeks) could happen *after* my requested visit dates have passed (May 15th).

So here are my questions:
Does anyone had any anecdotal experience with restoration of status applications? As it takes "16 weeks" to process a restoration application, and as the 16th week would occur during the first week of May, should I expect them to issue a visitor record valid for less than two weeks?
When the CIC officer issues a new visitor record, would said record be valid for six months from the date that that the new record is issued (i.e. May 2015 to November 2015)? Is it possible that they'd only extend it for a week, or up to May 15th?

I know these are a lot of questions, but you guys seem to know your stuff. My future in Canada with my new family is in the balance.

- John

 

[Ponga]

You may be covered under something called implied status.

Implied status basically extends the current status that a person has, while CIC reviews the request for an extension, or in your case Restoration of Status.
Since your status may had technically expired (you didn't mention when your status was set to expire), you were still within the 90-day window to apply for restoration.

This is generally how it works for those applying for spousal sponsorship, so it's possible that it's the same for visitors.

Good luck!

 

[Johninsask]

Thanks Ponga. So now that I've applied to restore my status (yes, I was within the 90 days window), I have implied status again?

If that's the case I can apply for PR and OWP in March once my GF and I become common law, even if my restoration of status app is still pending? Does this sound right guys?

 

[Jalex23]

So now that I've applied to restore my status (yes, I was within the 90 days window), I have implied status again?

No. To have an implied status you need to have a status at the moment of your application submission. You were out of status when restoring, therefore you don't benefit of any status at all.

If that's the case I can apply for PR and OWP in March once my GF and I become common law, even if my restoration of status app is still pending? Does this sound right guys?

Use the tool to determine your eligibility. Answer the questions as if you already qualify for common law:

http://www.cic.gc.ca/english/immigrate/eligibility.asp