Restoration of Status

[Bonez643]

Hi,

My spouse applied for an extension on her visitor visa on August 1st 2014, her visa expired August 1st 2014 and passport expired Sept 1st 2014.

When we were applying via online for her extension it stated that processing time would be 26 days if I'm not mistaken (which at that point of time her Passport would of still be valid), however they finally reviewed her file on Sept 4th 2014 and refused her application because she did not have a valid passport, so now they have suggest we file a "restoration of status". We currently do have a renewed passport in hand but was not able to send it to CIC because you cannot submit additional document during the processing time unless they ask for it, so we are going to apply for the restoration.

Question:
Can I apply now for a spousal sponsorship right away instead?
How long does the restoration process take?
Can she remain in the country during the time of restoration?

 

[bloppe]

Hi,

My spouse applied for an extension on her visitor visa on August 1st 2014, her visa expired August 1st 2014 and passport expired Sept 1st 2014.

When we were applying via online for her extension it stated that processing time would be 26 days if I'm not mistaken (which at that point of time her Passport would of still be valid), however they finally reviewed her file on Sept 4th 2014 and refused her application because she did not have a valid passport, so now they have suggest we file a "restoration of status". We currently do have a renewed passport in hand but was not able to send it to CIC because you cannot submit additional document during the processing time unless they ask for it, so we are going to apply for the restoration.

Question:
Can I apply now for a spousal sponsorship right away instead?
How long does the restoration process take?
Can she remain in the country during the time of restoration?

As far as I know For her to stay in the country she need a valid legal status, meaning her passport and her visa must not be expired, at least for the sponsorship part, I know it because I am in the middle of the process,

 

[PTJ]

Restoration of status
You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, because you failed to comply with one or more of the following conditions:

You remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers or type of work before obtaining a new work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.
You may still be eligible for restoration if you continue to meet the initial requirements for your stay and have not failed to comply with other conditions imposed.

You may wish to complete an application to apply for restoration of temporary resident status and for a new study or work permit. There is no guarantee that your application will be accepted. On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence.

If you wish to obtain a new study or work permit and restore your temporary resident status, you must pay the permit fee in addition to the restoration fee.

Restoration applies to each family member who has lost his or her status.

An officer will evaluate your request for restoration of status and if approved will process your application for a study or work permit. You will then be advised of any further action to be taken.


Read more here: http://www.cic.gc.ca/english/information/applications/guides/5551etoc.asp#restoration

 

[PTJ]

Haven't said that, you need a valid passport and if you can get it within the 90 days then you can apply for the restoration of status online via:
http://www.cic.gc.ca/english/e-services/mycic.asp

You will first be put through a questionnaire to determine if you are eligible to apply online then proceed to the application after.

I hope that helps