Restoration of status

[moedam]

Hello guys,

I am writing this and I am completely freaking out. My status expired on november 7th, 2019 and i was told that I have 90 days to restore it if eligible (which i am). Like the idiot i am, I had it it in my mind the whole time that my status expired on the 17th (not 7th) and today i open my cic randomly to see the refusal letter in order to find out the steps to restore the status and i notice that the date was nov 7 and not 17th. I start freaking out and counting days and figure out that yesterday (feb 5) was the 90th day and now i am in day 91 which means i'm here illegally. I did the application right away as im freaking out, submitted it and paid the 350 fee. I am so devastated and feel like the biggest idiot in the planet right now. I have attached a letter of explanation with the application to restore status and I mentioned that it was an honest mistake and that i never had any intentions to break the law or stay here illegally. Do you think there is a chance for the officer to be forgiving and overlook the 1 day (its literally just one day) ?

I also have received an invitation for express entry (ITA) and im planing to submit my last required documents (proof of previous employment) within the next two days (my plan was to submit everything for EE and after that apply for restoration). did i just kill my chance for express entry aswell ?

I lived in this country for 9 years (more than any other country including my home country). got an engineering degree here, worked here, always paid my taxes and now im going through this I'm feeling really depressed now and in loss of words. i feel like i just lost my life and let my family down who helped me to get to where i am only to lose it all.

 

[moedam]

if anyone went through a similar situation or has any input it would be appreciated, im in total chaos for 1 day mistake

 

[scylla]

Hello guys,

I am writing this and I am completely freaking out. My status expired on november 7th, 2019 and i was told that I have 90 days to restore it if eligible (which i am). Like the idiot i am, I had it it in my mind the whole time that my status expired on the 17th (not 7th) and today i open my cic randomly to see the refusal letter in order to find out the steps to restore the status and i notice that the date was nov 7 and not 17th. I start freaking out and counting days and figure out that yesterday (feb 5) was the 90th day and now i am in day 91 which means i'm here illegally. I did the application right away as im freaking out, submitted it and paid the 350 fee. I am so devastated and feel like the biggest idiot in the planet right now. I have attached a letter of explanation with the application to restore status and I mentioned that it was an honest mistake and that i never had any intentions to break the law or stay here illegally. Do you think there is a chance for the officer to be forgiving and overlook the 1 day (its literally just one day) ?

I also have received an invitation for express entry (ITA) and im planing to submit my last required documents (proof of previous employment) within the next two days (my plan was to submit everything for EE and after that apply for restoration). did i just kill my chance for express entry aswell ?

I lived in this country for 9 years (more than any other country including my home country). got an engineering degree here, worked here, always paid my taxes and now im going through this I'm feeling really depressed now and in loss of words. i feel like i just lost my life and let my family down who helped me to get to where i am only to lose it all.

I'm not sure why you waited to restore your status. You should have applied immediately after you received the refusal.

You can't actually apply for EE within Canada if you are out of status. It's too late to restore your status if you are beyond the 90 days. It doesn't matter if it was a mistake. Once you are beyond the 90 days, restoration simply isn't possible. No - they won't overlook the 1 day. You can still make EE work but you will need to leave Canada.

 

[scylla]

Hello guys,

I am writing this and I am completely freaking out. My status expired on november 7th, 2019 and i was told that I have 90 days to restore it if eligible (which i am). Like the idiot i am, I had it it in my mind the whole time that my status expired on the 17th (not 7th) and today i open my cic randomly to see the refusal letter in order to find out the steps to restore the status and i notice that the date was nov 7 and not 17th. I start freaking out and counting days and figure out that yesterday (feb 5) was the 90th day and now i am in day 91 which means i'm here illegally. I did the application right away as im freaking out, submitted it and paid the 350 fee. I am so devastated and feel like the biggest idiot in the planet right now. I have attached a letter of explanation with the application to restore status and I mentioned that it was an honest mistake and that i never had any intentions to break the law or stay here illegally. Do you think there is a chance for the officer to be forgiving and overlook the 1 day (its literally just one day) ?

I also have received an invitation for express entry (ITA) and im planing to submit my last required documents (proof of previous employment) within the next two days (my plan was to submit everything for EE and after that apply for restoration). did i just kill my chance for express entry aswell ?

I lived in this country for 9 years (more than any other country including my home country). got an engineering degree here, worked here, always paid my taxes and now im going through this I'm feeling really depressed now and in loss of words. i feel like i just lost my life and let my family down who helped me to get to where i am only to lose it all.

BTW - you have been here illegally since November 7, 2019. The date of being here illegally did not start on Feb 5.

Restoration allows you to fix your status within 90 days of losing your status and becoming illegal in Canada.

 

[canuck_in_uk]

Hello guys,

I am writing this and I am completely freaking out. My status expired on november 7th, 2019 and i was told that I have 90 days to restore it if eligible (which i am). Like the idiot i am, I had it it in my mind the whole time that my status expired on the 17th (not 7th) and today i open my cic randomly to see the refusal letter in order to find out the steps to restore the status and i notice that the date was nov 7 and not 17th. I start freaking out and counting days and figure out that yesterday (feb 5) was the 90th day and now i am in day 91 which means i'm here illegally. I did the application right away as im freaking out, submitted it and paid the 350 fee. I am so devastated and feel like the biggest idiot in the planet right now. I have attached a letter of explanation with the application to restore status and I mentioned that it was an honest mistake and that i never had any intentions to break the law or stay here illegally. Do you think there is a chance for the officer to be forgiving and overlook the 1 day (its literally just one day) ?

I also have received an invitation for express entry (ITA) and im planing to submit my last required documents (proof of previous employment) within the next two days (my plan was to submit everything for EE and after that apply for restoration). did i just kill my chance for express entry aswell ?

I lived in this country for 9 years (more than any other country including my home country). got an engineering degree here, worked here, always paid my taxes and now im going through this I'm feeling really depressed now and in loss of words. i feel like i just lost my life and let my family down who helped me to get to where i am only to lose it all.

Agree completely with scylla. It really was a huge mistake to wait to apply for Restoration. The 90 days is immigration law. You are beyond the point of Restoration.

 

[Diane Matthie]

Hello guys,

I am writing this and I am completely freaking out. My status expired on november 7th, 2019 and i was told that I have 90 days to restore it if eligible (which i am). Like the idiot i am, I had it it in my mind the whole time that my status expired on the 17th (not 7th) and today i open my cic randomly to see the refusal letter in order to find out the steps to restore the status and i notice that the date was nov 7 and not 17th. I start freaking out and counting days and figure out that yesterday (feb 5) was the 90th day and now i am in day 91 which means i'm here illegally. I did the application right away as im freaking out, submitted it and paid the 350 fee. I am so devastated and feel like the biggest idiot in the planet right now. I have attached a letter of explanation with the application to restore status and I mentioned that it was an honest mistake and that i never had any intentions to break the law or stay here illegally. Do you think there is a chance for the officer to be forgiving and overlook the 1 day (its literally just one day) ?

I also have received an invitation for express entry (ITA) and im planing to submit my last required documents (proof of previous employment) within the next two days (my plan was to submit everything for EE and after that apply for restoration). did i just kill my chance for express entry aswell ?

I lived in this country for 9 years (more than any other country including my home country). got an engineering degree here, worked here, always paid my taxes and now im going through this I'm feeling really depressed now and in loss of words. i feel like i just lost my life and let my family down who helped me to get to where i am only to lose it all.

Hi

I have no advice for you as I know very little about the process.
I really hope it works out for you. My heart truly goes to you.
I know how you are feeling when I was applying for PGWP.
I pray God help you through this.

 

[moedam]

I'm not sure why you waited to restore your status. You should have applied immediately after you received the refusal.

You can't actually apply for EE within Canada if you are out of status. It's too late to restore your status if you are beyond the 90 days. It doesn't matter if it was a mistake. Once you are beyond the 90 days, restoration simply isn't possible. No - they won't overlook the 1 day. You can still make EE work but you will need to leave Canada.

But when i applied for EE and received the invitation i wasn't of status ? or does it not matter anymore and i lost my chance ?

 

[scylla]

But when i applied for EE and received the invitation i wasn't of status ? or does it not matter anymore and i lost my chance ?

You couldn't have been in status when you received ITA. You've been out of status since November 7th and you only have 60 days after ITA to submit your complete application. So if you haven't submitted your complete application yet, then you must have received ITA less than 60 days ago at which point you were already in Canada without status / illegally.

I think you can still try submitting your application however you need to fix your status. The only way you can do that at this point is by leaving Canada.

 

[moedam]

You couldn't have been in status when you received ITA. You've been out of status since November 7th and you only have 60 days after ITA to submit your complete application. So if you haven't submitted your complete application yet, then you must have received ITA less than 60 days ago at which point you were already in Canada without status / illegally.

I think you can still try submitting your application however you need to fix your status. The only way you can do that at this point is by leaving Canada.

The refusal letter says that my status expired in november 7th and I have 90 days grace period to stay in Canada apply to restore it. I understand that means i was out of status but that certainly means i wasn't here illegally during these 90 days no ?

 

[scylla]

The refusal letter says that my status expired in november 7th and I have 90 days grace period to stay in Canada apply to restore it. I understand that means i was out of status but that certainly means i wasn't here illegally during these 90 days no ?

Out of status and illegal are the same thing. Yes - you have been here illegally since Nov 7. You had a 90 day window to apply to fix your illegal status.

 

[moedam]

You couldn't have been in status when you received ITA. You've been out of status since November 7th and you only have 60 days after ITA to submit your complete application. So if you haven't submitted your complete application yet, then you must have received ITA less than 60 days ago at which point you were already in Canada without status / illegally.

I think you can still try submitting your application however you need to fix your status. The only way you can do that at this point is by leaving Canada.

Also my question for right now is :

1-Do i wait for a decision on the restoration application i submitted today (which is most likely getting refused cause i applied in 91 days)

or
2- Do i just leave the country right away

I want to take a decision that would keep my chances open with Express entry since i got the ITA.

Also, thanks for your time.

 

[Iain.c]

I'm not sure why you waited to restore your status. You should have applied immediately after you received the refusal.

You can't actually apply for EE within Canada if you are out of status. It's too late to restore your status if you are beyond the 90 days. It doesn't matter if it was a mistake. Once you are beyond the 90 days, restoration simply isn't possible. No - they won't overlook the 1 day. You can still make EE work but you will need to leave Canada.

Hi Scylla,

I keep seeing you write this same point but I actually can't find it anywhere in the legislation, and I have read it in it's entirety. Can you tell me how you came to this conclusion? Once you have applied to restore your status you can submit your express entry application. There are several cases on this forum of people in the same situation that have been granted PR after applying while in the restoration period (before restoration was granted)

 

[Naheulbeuck]

I believe it is due to having implied status:

Extension of period authorized for stay​

​

183(5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until​

​

• (a) the day on which a decision is made, if the application is refused; or
• (b) the end of the new period authorized for their stay, if the application is allowed.

Combine that with the fact that you can apply for PR while under implied status:

What if I am invited to apply for Express Entry while waiting for a new work permit?​

​

To prove that you are under implied status, include a copy of your new LMIA (if this applies) and work permit applications when you apply. When you get to the document checklist, select “add letter of explanation” to upload it into the “Optional documents” section.​

​

As long as you still have implied status at the time you apply, you do not need to wait for your new work permit to be approved.​

Also the quote above is about work permit, it should not matter.

Further, even if it is not exactly your case, we can use the following to determine your best course of action:

If we refuse you a new work permit before you submit your application, you may want to decline the invitation to apply, since the information in your profile is no longer up to date. You will be put back in the pool, and should update your profile to show the change in your work status.​

​

You can recalculate your score to see if you still have enough points to be invited to apply.​

​

If losing job offer points brings your score below the minimum score for your round of invitation, we will refuse your application. If we refuse your application, we will not refund your processing fees.​

As you can see, once you lose your status, you should not apply under the ITA you received, you need to recalculate your score and see if you have enough points and go from there unfortunately.

 

[Iain.c]

Yes, I understand. Neither of those cases applies to me though. I've heard of the time you apply for restoration being considered "restoration period". Also, my profile was submitted before I lost status, and the ITA issued after I'd applied to restore status. I'm on the phone with IRCC now. Thanks for taking the time to post, it's a little bit of a unique situation with the current changes in legislation allowing people who can't leave due to covid to restore their status as a visitor or a worker. I wouldn't have lost any points due to the status issue... My points are related to foreign work experience, canadian work experience and specific degree related to the NOC I'm applying under. As far as I'm aware, there is no loss of points for losing status, because it's the same application as if I wasn't in the country at all.