URGENT: Confusing situation - Called CIC 4 times, got 4 different answers. Help!

[dominokitty]

Background:

My husband entered Canada as a visitor on May 13, 2014 from a visa-exempt country (Austria). He was granted the full 180 days at entry. I am a Canadian citizen from birth and have lived here my whole life.

We sent our Inland PR application with an OWP application included to Mississauga on Sept 11 last year. We intended to enter him into the pilot project for a faster open work permit. They started processing on Dec 12.

On Jan 12, we received our open work permit back in the mail from Mississauga with a letter stating that it was not processed because it's not complete (missing IMM5710), with a note that states: "Please note that until we receive a complete application for temporary residence, the application to extend your work permit will not be placed into processing".

The Problem:

Turns out we sent the wrong open work permit application to Mississauga. We sent IMM1285 (application for work permit made outside of canada) instead of IMM5710 (application to change conditions or extend my stay, or remain in Canada as a worker).

IMM5710 (the form we thought we sent) should have granted my husband implied status in Canada while we waited for a decision on the change in conditions. Instead, we sent IMM1285 by mistake, which did not grant him implied status as it was meant for applicants who are not already in Canada. As a result, my husband's visitor status in Canada expired without our knowledge on November 9. The proper form (IMM5710) requires that you hold valid status in Canada.

So, we need to restore his status as a visitor before the proper form can be processed. We need to have the restoration of status figured out ASAP and want to send it out today if possible - it needs to be completed within 90 days of my husband's loss of status (by February 7).

Issues with CIC Call Centre:

We have called CIC 4 times since yesterday, and been given 4 different instructions on how to proceed. We can't figure out which of these is correct, and they refused to let me speak to a supervisor for a definitive answer. I'm really lost and confused. Here is what we have been told so far:

Option 1:

Send IMM5710 (Application to Change Conditions, Extend my stay, or Remain in Canada as a worker) only, with both "restoration of status" and "apply for a new work permit" checked off and filled out, to Mississauga with an explanation letter, our initial $255 receipt for the work permit, and an additional $200 for the restoration of status.

Option 2:

Complete IMM5708 (Application to Change Conditions or Extend Your Stay in Canada as a Visitor) with "restoration of status" online, wait for it to be completely processed and approved, then send IMM5710 (Application to change conditions or extend your stay as a worker) to Vegreville.

Option 3:

Send IMM5708 AND IMM5710 in a package together to Mississauga with appropriate fees and an explanation letter.

Option 4:

Send IMM5708 and IMM5710 to Vegreville at the same time, but to different addresses. The work permit is supposed to go to Unit 777, and the restoration of status is supposed to go elsewhere. I was told I can find the address on the website but I don't see it.

At this point, I don't know what to do. The CIC agents don't seem to know what they're talking about and we need to get this done. Can anyone offer some insight into what our next steps should be??

 

[dominokitty]

I am leaning towards sending both IMM5708 (restoration of status as a visitor) and IMM5710 (applications to change conditions from visitor to open work permit) to Unit 777 in Vegreville at the same time, with a letter that explains the situation and mentions our ongoing inland PR application, and including a copy of the letter we received from Mississauga. My thinking is that if they know the restoration of status is required to proceed on the open work permit, and both are processed in Vegreville, whoever opens our file will be able to make sure it lands on the right desk and is processed accordingly. Does that sound appropriate?

 

[Ponga]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob130.asp

...A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.


This `seems' to imply that you can submit both simultaneously, but since it can take ~ 4 months for the ROS to be approved, you have to trust that CIC will know NOT to process the OWP until the ROS has been approved.

Not sure what your best option is, but the ROS is obviously the most important piece of the puzzle right now.

Ug!

 

[dominokitty]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob130.asp

...A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.


This `seems' to imply that you can submit both simultaneously, but since it can take ~ 4 months for the ROS to be approved, you have to trust that CIC will know NOT to process the OWP until the ROS has been approved.

Not sure what your best option is, but the ROS is obviously the most important piece of the puzzle right now.

Ug!

Yeah, it's unbelievably frustrating. They really do try to make it as obtuse and complicated as possible, it seems.

The worst part is that IMM5710, the work permit, has a section where you can check off both "restoration of status" and "apply for a new work permit" on the same form and do both simultaneously. However, it seems like 5710 will only restore status for someone who already had a work permit, if I understand it correctly.

So, I'm pretty sure I need 5708 to restore his visitor's status, then 5710 to change it from visitor status to the open work permit. Both go to Vegreville ultimately, but to different units of the same building, and I need one to be processed sooner than the other.

If the work permit is sent back a second time because his status isn't restored, even though I have also sent the restoration of status forms, I'm pretty sure my head will explode.

I just don't know what the best way to do this is, to minimize our total wait time. We've already waited 4 months and were expecting that he'd be allowed to work by now! We have to wait until he's working to start our family, and I am not getting any younger.. I'm sure you understand. Plus, my husband is going crazy cooped up in the house all day.

 

[Owl29]

Would it be possible to withdraw your Inland application and apply Outland? I suppose for Australians the time wait shouldn't be long.

Also, I am not an expert, but do re entering Canada restores your status legal? Of course, there is chance not to be let in, but maybe it is worth a risk?

I wish you luck in your situation

 

[dominokitty]

We could withdraw our inland application and go outland instead, but it wouldn't solve the problem of my husband currently in Canada without proper status. He'd have to leave until he gets PR via outland, or have the restoration of status granted in the meantime. Plus, outland would likely take longer than sorting out this problem within Canada.

I don't know if leaving Canada for a short time then re-entering would grant my husband a new visitor permit. He's from a visa-exempt country, but I suspect that simply leaving Canada and coming back again isn't.. quite that simple. I think he could be refused entry because he overstayed his last visitor permit accidentally, and then we'd have even bigger problems to deal with..

If it was so simple as to cross over the border to the states and come back, though, I would do it in a heartbeat. Then we could just send the proper OWP form and be done with it, and it would save us up to 4 months.. Perhaps someone else can chime in?

 

[Owl29]

We could withdraw our inland application and go outland instead, but it wouldn't solve the problem of my husband currently in Canada without proper status. He'd have to leave until he gets PR via outland, or have the restoration of status granted in the meantime. Plus, outland would likely take longer than sorting out this problem within Canada.

I don't know if leaving Canada for a short time then re-entering would grant my husband a new visitor permit. He's from a visa-exempt country, but I suspect that simply leaving Canada and coming back again isn't.. quite that simple. I think he could be refused entry because he overstayed his last visitor permit accidentally, and then we'd have even bigger problems to deal with..

If it was so simple as to cross over the border to the states and come back, though, I would do it in a heartbeat. Then we could just send the proper OWP form and be done with it, and it would save us up to 4 months.. Perhaps someone else can chime in?

He can still restore his status, but as far as I understand, if you apply outland even if he needs to leave Canada his application won't be lost, but if he is removed with Inland application in process, then I am sure this application will be lost anyway.
I know that re-entering grants the new status, I know few people who did that instead of paying for visitors extension, but it might be risky and they were questioned a lot at the boarder.
I guess the only safe way now is just to try to restore his status from inside Canada, at least your 90 days are not expired.

EDIT: Also, I was now thinking, we talk under assumption that his visitors visa will be restored and probably it will be, but pessimist in me wants to think about all options. Sorry for being dark cloud, but your situation really touched me somehow. I am visitor myself and I know how hard it is sometimes to deal with all these paper and waiting.
I really wish you good luck here

 

[dominokitty]

One more question just to confirm:

My husband was here legally when we sent the inland sponsorship application out. Does an inland application in process on its own grant implied status? In other words, is he truly out of status now even though the inland application is in process? I know that you can send an inland application even if you are not in legal status, but I wonder if sending it when you do have legal status grants implied status in the meantime?

I'm grasping at straws here. I hope that makes sense.

 

[Ponga]

One more question just to confirm:

My husband was here legally when we sent the inland sponsorship application out. Does an inland application in process on its own grant implied status? In other words, is he truly out of status now even though the inland application is in process? I know that you can send an inland application even if you are not in legal status, but I wonder if sending it when you do have legal status grants implied status in the meantime?

I'm grasping at straws here. I hope that makes sense.

An Inland application alone does not grant implied status, much to the surprise of many applicants. He is truly out of status now.

Submit the ROS today and give yourself the weekend to relax a bit, knowing you did something. You can always submit the OWP, along with a letter of explanation in the near future. This way, you won't be worried that the OWP will be processed before the ROS, right? The cost will still be the same as well.

Just my $0.02, as you await more replies.

 

[scylla]

My husband was here legally when we sent the inland sponsorship application out. Does an inland application in process on its own grant implied status?

No - it doesn't. The OWP does this. Since your OWP was returned - he's definitely out of status.

 

[dominokitty]

Thanks for replying. I really appreciate it.

This whole situation is so confusing, frustrating, and frankly is giving me a headache. Spending 5 hours on the phone (the majority of which was spent on hold or trying to navigate automated menus) in the last 2 days didn't help.

I can't believe this has happened! We tried so hard to do everything by the book to avoid any delays, and DEFINITELY did not mean for him to lose his status. This is the worst-case scenario really. I'm afraid they will refuse the restoration of status as a visitor because he obviously intends to stay in Canada and already has a PR application in progress.. then he'll be forced to leave, and our PR application will be invalidated.. All for one (very stupidly) mistaken form.

 

[Ponga]

No...the worst case scenario would be if he was no longer eligible to even apply for ROS. Be thankful that he can!

The whole point of an Inland application, is that the applicant will, in essence, `live' in Canada, while they await the processing to complete. This is the semantics game that people are forced to play, by disclosing to CIC that they will be living in Canada, yet NOT telling CBSA that they will be living in Canada...even with an Inland application in the queue. They are `visiting' their sponsor (for up to 26 months), while they wait...and wait...and then wait some more.

The issue of dual intent is certainly something of great concern to CBSA when seeking entry (or re-entry) into Canada, but in the case of dealing with CIC, who are well aware that an Inland application has been submitted...it would be heartless for them to refuse the ROS. Besides, most (but not all) Inland applicants that have lost their status are still allowed to remain in Canada, albeit without the almighty OWP that hypnotizes applicants that perhaps should have submitted an Outland application instead.



This too shall pass.

 

[Johninsask]

Yeah unless people are in the situation I was in (with a child about to be born), it's always better to apply Outland.

 

[dominokitty]

Update: I have found a couple of websites that claim that some out-of-status applicants can apply for a restoration of status in a new category (meaning a visitor who loses status can apply for a restoration of status under a new category as a worker).

Here: http://www.borderslawfirm.com/page-39-out-of-status-in-canada.html
"It is also important to note that restoring a visa into a new category is also possible. For example, a person with a valid work permit loses their job and their visa expires. Within ninety days, then can still apply to be restored as a student, i.e. apply for a study permit, as long as they have obtained admission to a school and present all the required documentation."

and here: http://perlaw.ca/en/newsroom/publications/2013/8/9/living-without-status-in-canada-you-may-have-options
"Those who have stayed 90 days or less beyond the validity of their temporary status can apply to restore that status. It is possible to apply to restore the same type of status (e.g. application for a new study permit after an initial study permit expires), or to restore status under a new category (e.g. application for a work permit within 90 days of visitor status expiring)."


The CIC website says this: 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.

source: http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#restoration

Does this mean we could go with option #1 (check off "restoration of status" and "apply for new work permit" on the same form, IMM5710, and send it back to mississauga)?? Am I reading this right?

 

[canuck_in_uk]

Does this mean we could go with option #1 (check off "restoration of status" and "apply for new work permit" on the same form, IMM5710, and send it back to mississauga)?? Am I reading this right?

Honestly, I don't believe that anyone (either on the forum or in the Call Centre) is going to be able to give you a definitive answer on this. The difference between your situation and the scenarios that those websites refer to is that having legal status is not a requirement to be approved for a regular work permit or a study permit. It is, however, one of the basic requirements to be granted the pilot program OWP.

It's entirely possible that CIC would require you to first restore your status as a visitor and then apply for the OWP once you are legal again. It's also entirely possible that CIC would not require you to restore your status as a visitor and would instead restore it as a worker by granting the OWP.

One option may be to reach out to your MP and ask them to inquire with CIC, as they can sometimes can better answers from people who know what they are talking about.