Visitor extension refused - what to do now?

[screech339]

Thanks for the positive words! She doesn't drive so I guess wont have to worry about that one! Though there is always the fear she could inadvertently encounter the law who may then find out about her being here illegally and alert CBSA, but thinking the worst there and we and she are not going to do anything to draw attention to ourselves for sure.

We applied inland, so could she get an OWP after AIP which would make her legal again before actually becoming a fully fledged PR?

Actually she would not be legal until she lands as PR. Out of status applicant cannot get OWP until status is restored first. Getting AIP does not give her legal status. It just means she got her papers in and has security knowing chance of being deported is minimize. She will remain out of status until she lands as PR or her status is restored, whichever comes first.

 

[canuck_in_uk]

Thanks for the positive words! She doesn't drive so I guess wont have to worry about that one! Though there is always the fear she could inadvertently encounter the law who may then find out about her being here illegally and alert CBSA, but thinking the worst there and we and she are not going to do anything to draw attention to ourselves for sure.

We applied inland, so could she get an OWP after AIP which would make her legal again before actually becoming a fully fledged PR?

She would have the OWP but technically not be legal. It is a loophole situation and not like any other.

 

[canuck_in_uk]

Actually she would not be legal until she lands as PR. Out of status applicant cannot get OWP until status is restored first. Getting AIP does not give her legal status. It just means she got her papers in and has security knowing chance of being deported is minimize. She will remain out of status until she lands as PR or her status is restored, whichever comes first.

Out of status applicants can get an OWP after AIP.

 

[screech339]

Out of status applicants can get an OWP after AIP.

Oh right. I forgot that they can get OWP after AIP not before AIP like the pilot program.

Yes. While they hold "OWP" permit, it does not grant them legal status. Just give "out of status" applicants the ability to earn some money. Nothing more.

I still stand corrected that they are still "out of status" until status is restored or PR is granted. Whichever comes first.

 

[bafonso]

She will be legal when she becomes a PR. Did you apply inland or outland? If inland, she can apply for an OWP after receiving AIP. Yes, they will know she is out of status; it won't be an issue for landing.

If someone overstays during an outland application in case of a potential visitor extension denied the CBSA won't have an issue with it? That's my worst nightmare, having the extension denied, overstaying and having the whole PR process go down the drain...

 

[KBH]

If someone overstays during an outland application in case of a potential visitor extension denied the CBSA won't have an issue with it? That's my worst nightmare, having the extension denied, overstaying and having the whole PR process go down the drain...

Your status has no impact on an outland application, especially while the application is already being processed. It's only the inland applications where it gets tricky.

 

[canuck_in_uk]

If someone overstays during an outland application in case of a potential visitor extension denied the CBSA won't have an issue with it? That's my worst nightmare, having the extension denied, overstaying and having the whole PR process go down the drain...

Generally, CBSA doesn't have any issue with spousal applicants who are out of status UNLESS the person gives them a reason, i.e. by committing a crime. Even then, they rarely take removal action, as it costs money and the person will be back soon as a PR anyways.

 

[Oldmacwright]

She would have the OWP but technically not be legal. It is a loophole situation and not like any other.

Wow is strange for sure, would think being eligible for and granted an OWP would give some kind of status back. But anyway we're way off that, expecting the first AOR within the next week or so (then worry CIC will know/reveal my wifes overstay to CBSA!)

 

[canuck_in_uk]

Your status has no impact on an outland application, especially while the application is already being processed. It's only the inland applications where it gets tricky.

It really isn't tricky for inland applicants either. Being out of status still doesn't affect the PR app. The only further consideration is that if the applicant leaves Canada and is refused re-entry, the inland app is abandoned.

 

[canuck_in_uk]

Wow is strange for sure, would think being eligible for and granted an OWP would give some kind of status back. But anyway we're way off that, expecting the first AOR within the next week or so (then worry CIC will know/reveal my wifes overstay to CBSA!)

IRCC already knows that your wife has no status, so if they wanted to cause problems, CBSA would have already come knocking on your door.

I know it's hard to not worry but honestly, it really isn't something you guys should worry about. In the years I've been on the forum, I think I've seen maybe one or two removals when there has been an active sponsorship app and I'm fairly certain there were extenuating circumstances. As I said, CBSA generally understands the pointlessness of removing someone who will be a PR soon anyways, so they defer removal action and await the outcome of the sponsorship app. There have actually been several cases where CBSA requested IRCC to expedite the sponsorship app so that the whole situation could be sorted out faster.

 

[Oldmacwright]

Generally, CBSA doesn't have any issue with spousal applicants who are out of status UNLESS the person gives them a reason, i.e. by committing a crime. Even then, they rarely take removal action, as it costs money and the person will be back soon as a PR anyways.

IRCC already knows that your wife has no status, so if they wanted to cause problems, CBSA would have already come knocking on your door.

I know it's hard to not worry but honestly, it really isn't something you guys should worry about. In the years I've been on the forum, I think I've seen maybe one or two removals when there has been an active sponsorship app and I'm fairly certain there were extenuating circumstances. As I said, CBSA generally understands the pointlessness of removing someone who will be a PR soon anyways, so they defer removal action and await the outcome of the sponsorship app. There have actually been several cases where CBSA requested IRCC to expedite the sponsorship app so that the whole situation could be sorted out faster.

Thanks good to hear stuff like this, makes sense just is hard not to think worst case scenario.

And sorry weegle to hijack your thread, but we have been in your shoes for sure...we weren't pro active enough in getting the sponsorship app in quick enough and falling out of status, I'm sure you will manage to get your app in and status restored.

 

[WeegieInOttawa]

Thanks good to hear stuff like this, makes sense just is hard not to think worst case scenario.

And sorry weegle to hijack your thread, but we have been in your shoes for sure...we weren't pro active enough in getting the sponsorship app in quick enough and falling out of status, I'm sure you will manage to get your app in and status restored.

oldmacwright; do keep me updated how things are going for you. I will keep my fingers crossed! And hijack away! Its good (not the right word but you know what i mean! ) to hear people in similar situations and throw all our worries, wonderments and WTFs in the similar bucket!

It certainly isn't an easy time and my head is spinning with what-ifs, maybes, can-i, probably's.

I guess my worry is that they refused me an extension, why would they just restore me, seems like a pointless step. But as canuck said - i TRIED to keep my status. I didn't just let it lapse because i couldn't be bothered to do anything about it or purposely let it go.

So i guess my plan of action is to get my outland PR application in - i have a little bit of updating things to do and then i can probably get it gone within a week. By the looks of it i will be sending it without my partners 2016 NOA because its still not available to use - i have no other choice.

Then i will apply for my restoration of status? I guess i should do this as soon as possible even though i would prefer to have my AOR first, i guess i cant wait?

Would i just put an explanation in with both my PR application and my restoration application explaining my circumstance in full? I know they will have it all on file but its just knowing which one will be looked at first. I want to do everything possible to put myself in the best position.

 

[WeegieInOttawa]

Update; Found out last week my partners NOA will be available for downloading this Tuesday so the PR application will be gone shortly after! We planned to submit without it but when we found out we would have it Tuesday thats was good news! Then the restoration app shortly after that.

Today i am going through doing my final checks on forms.. On IMM008 it asks about my current status.. What would i best to do here now that i am out of status? Would i select other and type in "out of status" then put an explanation sheet behind the form explaining that i am out of status but i am submitting a restoration of status application shorty after? What would i put in the from section date wise? The date which my visitor permit expired or the date that i got my visitor permit extension refusal? I would think the date i got my refusal because i wasn't technically out of status when i applied for my extension right?

Would i need to tell them anything else?

Thanks helpful folks!

 

[WeegieInOttawa]

Generally, CBSA doesn't have any issue with spousal applicants who are out of status UNLESS the person gives them a reason, i.e. by committing a crime. Even then, they rarely take removal action, as it costs money and the person will be back soon as a PR anyways.

Canuck_in_uk .... for my Outland pr application..

Page 4 of the checklist asks me about my status and if I have no status explain on separate sheet and provide copy of any paperwork relating to it.. Would I have to supply anything paperwork wise here or just provide the explanation as to why I have no status?

Since I have to/have been advised to submit my restoration app after my pr app is in I don't really have anything paperwork wise except the refusal letter which they obviously already have as it came from them!

Thanks!

 

[canuck_in_uk]

Canuck_in_uk .... for my Outland pr application..

Page 4 of the checklist asks me about my status and if I have no status explain on separate sheet and provide copy of any paperwork relating to it.. Would I have to supply anything paperwork wise here or just provide the explanation as to why I have no status?

Since I have to/have been advised to submit my restoration app after my pr app is in I don't really have anything paperwork wise except the refusal letter which they obviously already have as it came from them!

Thanks!

The explanation and refusal letter are sufficient.