Restoration or Visitor Visa Or Both

[Phil-Canada]

Here is the situation:

My Fiance is from the Philippines working in Alberta. Her work permit and visa expires Oct 2014. She will have been here 2 years in October.

She is applying for a divorce but that will take 6 months. Then we will get married and I will sponsor her for PR.

In the mean time she needs to stay in Canada.

Should she apply for restoration and if so when should she file for this? Before or after her visa expires.

Or Should she just apply for visitor visa.

Or can she apply for visitor Visa while on restoration.

I am Canadian Citizen and can supply invitation letter.


Thanks in advance

 

[Jalex23]

Here is the situation:

My Fiance is from the Philippines working in Alberta. Her work permit and visa expires Oct 2014. She will have been here 2 years in October.

She is applying for a divorce but that will take 6 months. Then we will get married and I will sponsor her for PR.

In the mean time she needs to stay in Canada.

Should she apply for restoration and if so when should she file for this? Before or after her visa expires.

Or Should she just apply for visitor visa.

Or can she apply for visitor Visa while on restoration.

I am Canadian Citizen and can supply invitation letter.


Thanks in advance

You can only restore an expired status. She can get a new work permit, or extend her stay.... etc. etc. too many options.

Use the tool to know your options: http://www.cic.gc.ca/english/immigrate/eligibility.asp

 

[Phil-Canada]

Ok going thru the steps on the online form it says she should be eligible.

But is it better to wait till her status expires and then restoration or just apply for visit visa.

and can you still apply for visit visa when on restoration from within Canada.

Thanks so much

 

[Jalex23]

Ok going thru the steps on the online form it says she should be eligible.

But is it better to wait till her status expires and then restoration or just apply for visit visa.

and can you still apply for visit visa when on restoration from within Canada.

Thanks so much

For restoration you need to point a reason why you missed the deadline and need to restore. Negligence is not a nice reason for any application.

It depends in your specifics, depends on what you are trying to do, what you want to be able to do....


I get the feeling you want to give as little information as possible but want specific answers. Not going to happen. You need to provide full information on what is her status, what are her plans, why does she NEED to stay after her stay, what is she going to do from expiration to the time PR is an option, what are the alternatives you have considered. etc. etc.

Also, seems there is not even a basic understanding on what restoration is. Do your homework and ask AFTER you have a solid understanding of basic purposes of each option. Once you do this, we can help you decide and will be glad to clarify any confusing concepts or specific questions resulting of your research.

This is a useful link: http://www.cic.gc.ca/english/information/applications/index.asp

 

[ragluf]

Ok going thru the steps on the online form it says she should be eligible.

But is it better to wait till her status expires and then restoration or just apply for visit visa.

and can you still apply for visit visa when on restoration from within Canada.

Thanks so much

Is there an option to renew/extend the work permit? If this is not an option, then she can apply to extend her stay as a visitor, 30days before expiry of her current authorization/temporary residence. Then you do not have to go through restoration.
http://www.cic.gc.ca/english/visit/extend-stay.asp#extend
http://www.cic.gc.ca/english/information/applications/visitor.asp

You won't be able to restore status as a worker if the work permit expires and there is no basis for authorization to work (i.e. previously an LMO extension, now an LMIA, support letter from PNP etc.). But she can try applying to extend her stay as visitor and if granted, allows her temporary resident status (visitor), and can stay, but is not allowed to work.

.../atb

 

[Phil-Canada]

Thank you that was very helpfull

 

[Phil-Canada]

Jalex sorry for the missing info. Here it is.

Her work permit and visa expires in October no chance of getting a new LMIA.

So we are waiting for her to get divorced and that can take 7 to 8 months in Alberta.

We then plan to marry after the divorce.

So that is the reason we need the time.

I am in BC and will give her an invitation letter etc giving them my financials and she will stay with me and I will support her 100%

Do you know how much money she will need in her bank account for a 6 month visitor Visa.

Thanks


Again

 

[Jalex23]

Jalex sorry for the missing info. Here it is.

Her work permit and visa expires in October no chance of getting a new LMIA.

So we are waiting for her to get divorced and that can take 7 to 8 months in Alberta.

We then plan to marry after the divorce.

So that is the reason we need the time.

I am in BC and will give her an invitation letter etc giving them my financials and she will stay with me and I will support her 100%

Do you know how much money she will need in her bank account for a 6 month visitor Visa.

Thanks


Again

First it seems you need more than 7-8 months, as after you get married you then need to file a sponsorship PR, and to get the AOR adds a couple of months and then you need a WP while she waits which adds another couple of months.... so we are talking for at least a year in best of cases when she is elegible to change from visitor to anything else.

Apply for "extend my stay as a visitor", ask for a year and cross your fingers. Have you at least signed a common-law agreement? this can help.

As you are saying you will support her then she is your dependant so her money is not a problem, you have to show a steady job.

The main problem in here is that she can wait in her country so you need to convince CIC why is it a good idea that she waits in Canada. I think it is better that she goes back, then apply for a TRV and comes back when her divorce is done. As she has been working here and got a life then a TRV should be straight forward to get.

 

[Phil-Canada]

I was under the impression that when we marry at that time I can sponsor her as a spouse for her PR and OWP and that while the application is in process she will be implied status until her PR is granted or not. I have steady income I own a grocery store.

AM I wrong??

No we havn't signed a common law agreement because she lives in Alberta and I live in BC

 

[Jalex23]

I was under the impression that when we marry at that time I can sponsor her as a spouse for her PR and OWP and that while the application is in process she will be implied status until her PR is granted or not. I have steady income I own a grocery store.

AM I wrong??

No we havn't signed a common law agreement because she lives in Alberta and I live in BC

Yes, you can sponsor her as soon as you marry her.

All the other stuff you are not understanding what is Implied status:
http://canadianimmigrant.ca/news-and-views/implied-status-what-is-it-and-what-changed-recently

In short no, there is no such thing as "implied status until her PR is granted or not". If her TRV expires then she will have 90 days of implied status (as a visitor) to try to get restoration or to leave the country.

Again, please get basic understanding on terms and options before asking.