URGENT HELP! Restoration and work permit refused, what next?

[Staceybru]

This is our 1st post and it's an urgent one. I will try to sum everything up the best I can. I am in a serious relationship with my partner in Canada. I am from the USA. I have had several visitor extensions granted to me because we wanted to make sure we had a great relationship before we actually committed to a common law sponsorship. My visitor extension expired Sept.30/2009.... I did not receive a letter back until Dec.29th, 2009 stated that I was refused to get anymore extensions as we kept telling them that a common law sponsorship would be submitted yet never had been. Well, we ended up not getting the fingerprint work done in time for Sept. 30th and our plan was to get that one more extension then send everything together. I spoke to several people at the Citizenship and Immigration Canada call centre and all of them told me the same thing.....THAT WAS: Submit a restoration of your status application, a work permit application and the whole common law sponsorship application for permanent residence as soon as possible. AS HUGE as this project was, we did do exactly that, it was sent off Feb.15, 2010... We just got a letter in the mail yesterday that has freaked us out so bad as it states:
YOU are a person in Canada without temporary resident status who is not eligible for restoration under section 182 of the Immigration and refugee protection regulations and you are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you. They also noted: "In your case, an application of this type must be made at a Canadian Visa Office in another country, therefore you are not eligible to have your temporary resident status restored.

THESE ARE MY QUESTIONS FOR ANYONE TO PLEASE PLEASE HELP US .....
1) How long before enforcement action is taken? The letter was dated March 31st, 2010 BUT we received it April 9th, 2010....

2) Is there any hope in heaven I can still stay here in Canada? Can we possibly go to Seattle (As we live in B.C.) and get restoration there at there Canadian Visa office? If so, am I guaranteed re-entry back into Canada or will they not let me back in?

3) This is so serious as I plan to marry my partner once I get permanent resident status. She has a daughter who I feel is like my own and this would be devastating to her for me to leave Canada... What are my hopes? Options?

4) If I go back to West Virginia (Where I am from originally), could I apply for the common law sponsorship for permanent residence outside of Canada? If so, how quickly could I legally come back to Canada and be assured re-entry?

THank you to anyone who has the heart to respond back to this posting, it would be so so so helpful, PLEASE, we all beg you....

Garrett

 

[job_seeker]

This is our 1st post and it's an urgent one. I will try to sum everything up the best I can. I am in a serious relationship with my partner in Canada. I am from the USA. I have had several visitor extensions granted to me because we wanted to make sure we had a great relationship before we actually committed to a common law sponsorship. My visitor extension expired Sept.30/2009.... I did not receive a letter back until Dec.29th, 2009 stated that I was refused to get anymore extensions as we kept telling them that a common law sponsorship would be submitted yet never had been. Well, we ended up not getting the fingerprint work done in time for Sept. 30th and our plan was to get that one more extension then send everything together. I spoke to several people at the Citizenship and Immigration Canada call centre and all of them told me the same thing.....THAT WAS: Submit a restoration of your status application, a work permit application and the whole common law sponsorship application for permanent residence as soon as possible. AS HUGE as this project was, we did do exactly that, it was sent off Feb.15, 2010... We just got a letter in the mail yesterday that has freaked us out so bad as it states:
YOU are a person in Canada without temporary resident status who is not eligible for restoration under section 182 of the Immigration and refugee protection regulations and you are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you. They also noted: "In your case, an application of this type must be made at a Canadian Visa Office in another country, therefore you are not eligible to have your temporary resident status restored.

You were way past the 90 days needed to file for restoration of status.

THESE ARE MY QUESTIONS FOR ANYONE TO PLEASE PLEASE HELP US .....
1) How long before enforcement action is taken? The letter was dated March 31st, 2010 BUT we received it April 9th, 2010....

30 days

2) Is there any hope in heaven I can still stay here in Canada? Can we possibly go to Seattle (As we live in B.C.) and get restoration there at there Canadian Visa office? If so, am I guaranteed re-entry back into Canada or will they not let me back in?

Maybe not as restoration normally is applied for at CPC-V.

3) This is so serious as I plan to marry my partner once I get permanent resident status. She has a daughter who I feel is like my own and this would be devastating to her for me to leave Canada... What are my hopes? Options?

Why can't you get married before she sponsors you as spouse?

4) If I go back to West Virginia (Where I am from originally), could I apply for the common law sponsorship for permanent residence outside of Canada? If so, how quickly could I legally come back to Canada and be assured re-entry?

Best plan of action is go back to West Virginia. Yes you can do a sponsorship application outside Canada. I've read that outland spousal sponsorship can be as fast as 4 months. (Sorry if I can't post the link) So you can come back as soon as your sponsorship is approved or if you can show proof that you have ties with the US, there is a possibility that the officer at the POE will let you in but with a VR.

THank you to anyone who has the heart to respond back to this posting, it would be so so so helpful, PLEASE, we all beg you....

Garrett
[/quote]

http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html (this is about departure orders, removals, exclusions)

 

[Leon]

I agree that you were past being able to restore your status. You have 90 days to do that. If you applied inland, if you are deported, your application is gone but even if you are not deported, if they refuse to restore your status, you will not have an easy time with an inland application. You would have to stay in Canada and they will make you wait, maybe for 2-3 years before you get PR. I think you should seek legal advice.

Another option would be to withdraw the inland application and leave Canada and apply again outland but first seek legal advice to make sure you don't make any crucial mistakes at this point.

If you leave Canada now, they are in their full right to deny you entry and if that happens, your inland application is also gone. Better talk to a lawyer first.

 

[Staceybru]

Thank you so much for taking the time to give me input on all my questions. On Monday, April 12th, I will call the C.P.C. back and find out answers to all my questions... I don't know if going to a Canadian Visa office would even help at this point. THE horrible thing here is that the letter we originally received back was not delivered till Dec. 29th of 2009, so right there and then, the 90 days were up, so how UNFAIR is that!!!! Most likely the worst thing that could happen to us is that I have to go back home to West Virginia and try the common law sponsorship for Permanent residence in Canada as an application done outside of Canada.
Thank you again, it was very appreciated.
Garrett

 

[matthewc]

It seems like something may have gone wrong here at CIC's end.

When you submit an inland PR application together with an application for extension of status as a worker - i.e. an "open work permit" (including restoration if necessary) they are supposed to hold off on processing the work permit application until after you get "approval in principle", usually about 6 months after the PR application is received. I would have thought that also meant they held off on processing the restoration of status until then, too.

Clearly, they already processed the restoration of status, but was there any mention at all of the work permit?

Possibly what happened is this:

1. Package arrived at CPC-V
2. PR application + OWP was put in line
3. Restoration of status was processed

You should confirm with CIC's call centre whether or not the work permit application has been processed. If it has, then they made a mistake, and should have held off until AIP. If it has not, then I will have learned something new, which would be that restoration of status applications are processed before AIP.

Don't panic about immediate enforcement. There is a spousal public policy which allows inland applications from out of status applicants. As long as they are satisfied your relationship is genuine, it won't automatically be transferred to local CIC just because you are out of status, and it's unlikely they would initiate enforcement.

Edit: Wait, something just occurred to me: What application forms (exactly) did you use for the PR application, and where did you send it? It's odd that they'd tell you the application has to be made outside Canada, if you correctly filed an inland application.

 

[Staceybru]

Hello there MATTHEWC:

Thank you as well for taking the time and effort to respond to my posting.. This is exactly what happened.. My visitor extension record expired Sept. 30, 2009.. So like they tell you online, I applied for another extension one month prior to expiration.. So we sent out $75 for another visitor extension... This is that bad part.........We did not get a letter indicating if that extension was approved or denied until ---> DEC. 29th 2009.... Well hello people..........there is the 90 days a normal person gets to do a restoration and there would be no way in heck that a restoration could be done in our situation.... So after speaking to the people at the call centre, 2-3 different agents all told us to do the same thing, that was:
Apply right away for a restoration of your status so you would be legal, then a work permit, and do the whole common law sponsorship for permanent residence application as well... We worked really hard and did everything they told us to do and submitted the whole package on Feb. 15 of 2010..... It was April 9th that we got that devastating letter stating what I said in my 1st post. They mentioned that since I no longer "hold temporary resident status in Canada, your application for work permit is also refused. And that I am NOT eligible for restoration!!

This is what really bothers us because having sent the P.R. application should have been such genuine intentions to them about how serious we are and why did they not restore my status at that time...Why do I have to leave the country after working so hard to stay here???

Sincerely, Garrett

 

[matthewc]

You didn't answer my question, i.e. which forms did you use, exactly, for the PR application, where you sent it.

I think the problem might have been that you sent the work permit application separately from the PR application, but I'm not sure, because you're not making it clear.

Just write out the facts of what you did:

Date - application form (or package) - sent to where.
Date - application form (or package) - sent to where.
Date - letter received from X - what it says.
etc

Write out exactly what the letters you've received back say (without your personal info, of course).

The situation is clearly complicated, with at least two requests for extension of status, and nobody can help unless we understand exactly what happened.

 

[Staceybru]

Hello back MATTHEWC:

Sorry if I did not make it clear enough and I didn't answer all your questions, hopefully this is the info. you may be wanting.......

1) I enclosed "3" applications all at the same time... I sent it out Feb.15, 2010, they received it in Vegreville ALBERTA on Feb. 17th, 2010 (According to the tracking provided by Canada Post). It was all placed in one big file folder as recommended by the call centre.

2) The application for Permanent Residence inside Canada included the following forms:

- In-Canada Application for Permanent Residence and Schedule 1 – Background/Declaration [IMM 5002 and IMM 5002 Schedule 1]
- Application to Sponsor and Undertaking [IMM 1344A]
- Sponsorship Agreement [IMM 1344B]
- Sponsorship Evaluation [IMM 5481)
- Spouse/Common-law Partner Questionnaire [IMM 5285]
- Use of a Representative [IMM 5476]
- Medical Report Section A — EDE/EFE [IMM 1017 SCL]
- Document Checklist [IMM 5443]

3) Then we also submitted at the same time, the "APPLICATION TO CHANGE CONDITIONS, EXTEND MY STAY OR REMAIN IN CANADA"....
- We used Form # (IMM 1249). When it asked what we were applying for, we ticked off BOX (C) = an initial work permit or extension of work permit & also BOX (D) = restoration of temporary resident status as a visitor, student or worker.
- Document checklist = Form # (IMM 5556)
- Statutory Declaration of common law union = Form # (IMM 5409)

Below, I will tell you exactly what the letters stated, as you requested....
Letter #1 (Dated December 19, 2009) and received (December 29, 2009):

This refers to your application for a visitor record.Your application as requested is refused. Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the I.R.P.A.
In reaching a decision, an officer considers several factors, which include the applicants:
1) Reason for original entry and reason for requested extension
2) Ties to the country of Permanent residence, including status (Citizenship or immigration status)
3) Financial means for the extended stay and return home
4) Travel and identity documents
5) Probability to leave Canada at the end of the authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the requirements of the Act and Regulations. YOU MUST LEAVE CANADA ON OR BEFORE THE EXPIRY OF YOUR CURRENT DOCUMENT OR, IF YOUR DOCUMENT HAS ALREADY EXPIRED YOU MUST LEAVE CANADA IMMEDIATELY. FAILURE TO DO SO COULD RESULT IN ENFORCEMENT ACTION BEING TAKEN AGAINST YOU.



This is the 2nd letter received back to us after we did what was advised by the C.I.C call centre (Which was send the application for restoration and work permit, as well as the entire common law sponsorship for permanent residence)...This letter was dated (March 31, 2010) and received by us on (APRIL 9, 2010):

This refers to your application for restoration of Temporary Resident status and a work permit.Your application as requested is refused. A visitor, worker or student who loses temporary resident status for failure to comply with the following conditions imposed under:
- paragraph 185 (a),
- any of subparagraphs 185 (b) (I) to (iii), or
- paragraph 185 (c)
may be eligible for restoration of T.R.S. if an application is submitted within 90 days after loss of status and if following examination it is established that the applicant meets the initial requirements for their stay and has complied with any other conditions imposed. In your case, you are not a person described in Immigration Legislation who can apply for this type of document in another country; therefore, you are not eligible to have your T.R. status restored.
Since you no longer hold T.R. status in Canada your application for a work permit is also refused.
YOU ARE A PERSON IN CANADA WITHOUT TEMPORARY RESIDENT STATUS WHO IS NOT ELIGIBLE FOR RESTORATION UNDER SECTION 182 OF THE I.R.P.R.
YOU ARE A PERSON IN CANADA WITHOUT LEGAL STATUS AND AS SUCH ARE REQUIRED TO LEAVE CANADA IMMEDIATELY. IF YOU DO NOT LEAVE CANADA VOLUNTARILY, ENFORCEMENT ACTION MAY BE TAKEN AGAINST YOU.
It was also mentioned that I would receive a refund for the Common law sponsorship application as requested on our behalf in 4 - 6 weeks.

This is everything you requested, hope it gives you a very clear picture of this ordeal.

Thank you..

 

[matthewc]

OK, that makes sense now. Well, you did everything almost correctly given the circumstances. If you made any mistake (if you can call it that), it was requesting restoration of status which, by the time you sent it, was impossible.

You have correctly filed an inland sponsorship application, and the only reason you are out of status is because of overstaying your visa.

As such, I think it is quite unlikely they would initiate enforcement action. Inland applications are allowed from out of status spouses and common-law partners, and it would be contrary to the intent of the spousal public policy to remove you simply because you overstayed at this point. That should give you some degree of comfort that they are unlikely to start knocking at your door any time soon.

Looking at it again, the problem - I think - is that it may not be possible to separate a restoration of status application from the OWP application. They're both on the same form, so although you're asking for two things, it's effectively one application. You asked for restoration of status (which was not possible) along with the OWP. They had to refuse the restoration of status, and so I think they also were obliged to refuse the OWP.

It would have been nice if they could have refused the restoration of status, but kept the OWP application alive (and on hold) until you reach AIP on the sponsorship application, but that hasn't happened.

You could try to argue that they shouldn't have processed the OWP application yet, but I think that isn't going to be successful, and you'd still be out of status even if they separated the OWP application from the restoration of status application. It might be worth a try though, if you can get someone sympathetic in the call centre.

So, your situation now is that you have the PR application in the system at CPC-V, waiting to be processed. I honestly think you're OK to just wait at this point, if you want to remain in Canada. You could file another OWP application (just the work permit, no restoration of status) once your PR application is in process, so that they will issue the work permit once you reach AIP. If you do that, you need to be very, very clear that you only want it processed AFTER approval in principle on your inland application.

The other option is to leave Canada, withdraw the inland application, and submit a new outside Canada application, don't do that unless you're OK with some time apart (almost certainly you wouldn't be allowed back into Canada).

 

[job_seeker]

As such, I think it is quite unlikely they would initiate enforcement action. Inland applications are allowed from out of status spouses and common-law partners, and it would be contrary to the intent of the spousal public policy to remove you simply because you overstayed at this point. That should give you some degree of comfort that they are unlikely to start knocking at your door any time soon.

Except that there would be no common law sponsorship in process.

So, your situation now is that you have the PR application in the system at CPC-V, waiting to be processed. I honestly think you're OK to just wait at this point, if you want to remain in Canada. You could file another OWP application (just the work permit, no restoration of status) once your PR application is in process, so that they will issue the work permit once you reach AIP. If you do that, you need to be very, very clear that you only want it processed AFTER approval in principle on your inland application.

Note that the OP said he's receiving a refund to wit:It was also mentioned that I would receive a refund for the Common law sponsorship application as requested on our behalf in 4 - 6 weeks.

 

[matthewc]

Oh that really is odd then, I don't know what's going on.

Did you ask for a refund or withdraw the inland PR application? If not, then CIC is completely off the rails with this file.

 

[Staceybru]

Well, according to the application to sponsor and undertaking (FORM IMM 1344), the very first box (A) asks:
If you are found ineligible to sponsor, indicate whether you want to
1) To withdraw your sponsorship. All processing fees less $75 will be repaid.
2) To proceed with the application for permanent residence.

THIS is where I was guided to tick off box #1 if I wanted my money back, so that is what I did. I called the Call centre and asked them for guidance re: this question as it really troubled us and we didn't exactly understand what it all truly meant.... At that time I had no clue that it would have been more crucial and important to tick off box #2. This is probably the explanation for them stating in my letter that the $550 would be forwarded back to us in 4 - 6 weeks.

It is truly pathetic if you ask me... We have worked diligently to always keep up on the visitor extensions and also do as they tell us.. We finally send off the whole package including the common law sponsorship for permanent residence and now they don't even look at it.... My Gosh, this is so confusing.

 

[Leon]

I can't see how it has to do with the box you ticked. This question has to do with if the sponsor if found ineligible. As far as you have said, that is not the case here. Is your guy bankrupt, has a criminal record or on welfare? Those might be reasons why he would be refused as a sponsor.

It seems that they have refused your inland sponsorship based on you not having legal status in Canada. That is the first I have heard of that. I still think you should seek legal advice.

If you do decide to leave, you can apply for sponsorship again outland.

 

[matthewc]

If they have, in fact, refused the PR sponsorship application then without a doubt that is a mistake. I'd suggest calling the call centre to find out for sure what the status of the PR application is, and if they have done that, you'll need to try to get them to correct the error.

It's clear why the restoration application was refused, and I can understand why they also refused the work permit (as it was effectively part of that same application for restoration of status) but they should not have refused the PR application. I'm hoping that was an error in the letter, but call CIC asap.

 

[Staceybru]

Hi MATTHEWC:
What I am not getting a clear message about in this whole matter is this:

If they won't give me restoration of my status nor a work permit, then why would they even look at my permanent resident application at all?????? They tell me in that letter that I will be getting a refund of $550 which is what the common law sponsorship application costed, I therefore am to assume they simply want nothing to do with me.. THEY have no idea how sick this has made us, how much time, money and energy has already been spent on trying to do the right thing the right way and the end result is "LEAVE CANADA IMMEDIATELY".

In the way I am interpreting all of this stuff, it does appear that they will NOT be processing the P.R. application whatsoever because I HAVE NO LEGAL STATUS here in Canada anymore.....

DO YOU AGREE????