Visitor visa about to expire. Sponsorship concerns. Would love advice!

[Kroryyk]

Hi there Canada Visa!

I'm a 24 year old male currently dating my 24 year old girlfriend who is a Canadian citizen. I am on a visitor visa which will last until September 26. I applied for an extension a little over a month ago and I expect the results to come back within the next few weeks. I am aware of implied status (meaning I am allowed to stay while the application is processing/pending), but I do have several questions:

1. If my application is declined/refused, how long do I have before I am required to leave? If it is immediately, it's a bit difficult for me to book a flight.

2. I did some research regarding Restoration of Status, but am still not fully understanding it. Does it simply mean that under those certain conditions and no longer than 90 days after a refusal, I can apply for it? Is the process simply re-applying for another extension? While this is pending, does it allow for implied status as well?

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Now, if I were to become accepted, my girlfriend and I were considering marriage+sponsorship. Come the time I will likely post in a more appropriate forum, but I figured I should throw this in just in case somebody is knowledgeable enough

My girlfriend somewhat recently sponsored somebody who has already landed.

3. In an effort to conserve money, I'd like to do the paperwork by myself and not hire a lawyer. Is this alright to do considering she sponsored somebody else recently, or should we hire a lawyer to be safe?

Money is a huge concern for us considering I am not able to work and nearly every company I've applied for has refused me because I do not yet have a work permit (and to apply for one, I need a job offer, if I am correct). We have nothing to hide, but we fear that because of her recent experience our odds of being accepted may decrease. If it is declined, we'd waste more time (which is precious to us considering I'm on a visitor visa which is hopefully extended), and we would waste money.

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Anyway, I am sorry if this is a jumbled mess. Thank you immensely if you are looking this over and I hope to hear from you wise individuals. Your advice means the world to us and I hope that you are able to provide us with some guidance in his difficult situation!

 

[scylla]

1. You should leave within 30 days of receiving the refusal.
2. If you are refused you can apply to restore your status within 90 days of receiving the refusal. No - this is not the process of simply applying for another extension. Restoration is a different type of application. No - you will not have implied status while the application is being process. You will continue to be in Canada without status.
3. Hard to answer without a lot more details. How recently did she sponsor someone? Who did she sponsor? What was the result of the application? If it was approved, when did this individual land in Canada?

 

[scylla]

Just to add - for #3 - if she sponsored a spouse / common law partner / conjugal partner - she will need to wait three years from the time that person landed before she can sponsor you. This isn't something a laywer can change.

 

[Kroryyk]

Okay, thank you very much for the response. You've definitely cleared a lot of things up for me and eased my mind a bit.

As for 3: She sponsored him a while ago. He was from England, it was accepted and he landed approximately a year ago. She had a lawyer for that sponsorship and after the other individual landed, the lawyer offered her some help with some of her concerns (as they ended up separating but she fell for me and wanted to be able to sponsor me in the near future). He informed her that (as of very recently) she will be able to sponsor another individual, even if it's right now. Is it possible that the laws recently changed, or is he misinformed/trying to get us to hire him again?

 

[scylla]

Okay, thank you very much for the response. You've definitely cleared a lot of things up for me and eased my mind a bit.

As for 3: She sponsored him a while ago. He was from England, it was accepted and he landed approximately a year ago. She had a lawyer for that sponsorship and after the other individual landed, the lawyer offered her some help with some of her concerns (as they ended up separating but she fell for me and wanted to be able to sponsor me in the near future). He informed her that (as of very recently) she will be able to sponsor another individual, even if it's right now. Is it possible that the laws recently changed, or is he misinformed/trying to get us to hire him again?

If a lawyer is telling you that she can sponsor you now - I would stay very far away from that lawyer since they clearly aren't familiar with Canadian immigration law. This is a very very basic rule that any decent lawyer should know very well. She won't be able to sponsor you until a full three years has passed since her former partner landed in Canada and officially became a PR (this is the length of the financial undertaking she agreed to when she signed the paperwork to sponsor him). The fact they have separated changes nothing - she is still responsible for him for the three year period. No - nothing has recently changed with regards to these immigration rules. Again - ditch the lawyer before you're given any more bad info.

Adding to the above... If her partner fell under condition 51 (conditional PR) then she technically should let CIC know that the relationship didn't survive two years. Anyone who falls under condition 51 must remain with their sponsor for two years after they become a PR in order to keep their PR status. If her partner falls under condition 51, she reports him to CIC and his PR status is revoked - then she would be able to sponsor you earlier than the three years. Otherwise you have another two years to wait.

Once again - please ditch the bad lawyer.

 

[scylla]

Thinking this through further - if this is an immigration lawyer telling you this (rather than some other kind of lawyer) and you have it in writing - I would report this lawyer to the law society. This is a flat out lie and an immigration lawyer will know this is a lie (so I would be concerned about why the lawyer is lying to you).

 

[Kroryyk]

Just found a bit more information. He's an immigration specialist lawyer. I found the e-mail he sent and he informed us of a 3 year bar that said if the individual sponsored were to go on government benefits or the like, she would be required to pay it back. He did mention a 5 year bar of being unable to sponsor another individual, but stated that it only applies to him (the one being sponsored), and not her. He stated that she will be able to sponsor a spouse if she so wishes. Do you still think he is worth reporting, or perhaps I simply misinterpreted something? Either way, thank you immensely for all the help you've given thus far!

 

[scylla]

Just found a bit more information. He's an immigration specialist lawyer. I found the e-mail he sent and he informed us of a 3 year bar that said if the individual sponsored were to go on government benefits or the like, she would be required to pay it back. He did mention a 5 year bar of being unable to sponsor another individual, but stated that it only applies to him (the one being sponsored), and not her. He stated that she will be able to sponsor a spouse if she so wishes. Do you still think he is worth reporting, or perhaps I simply misinterpreted something? Either way, thank you immensely for all the help you've given thus far!

It's hard to say without seeing the actual email. You may be misunderstanding what the lawyer has communicated.

What I can tell you is that your girlfriend won't be able to sponsor you until three years have passed since her ex landed and became a PR. So if it's been a year since he landed, you need to wait another two years before she will be able to submit an application to sponsor you. So it's correct to say that she can sponsor another spouse - she just can't do this for another two years.

It's correct that she is also responsible for him financially for the three year period and that if he goes on social assistance at any time during this period, she will be responsible for paying this money back to the government.

It's also correct that the five year ban applies to him (not her).

Last but not least, depending on how long they were together when the application was submitted to sponsor her ex - her ex may have conditional PR which he has technically violated by no longer living with her. If he has conditional PR, then she can technically report him to CIC and potentially be able to sponsor you sooner.

 

[Kroryyk]

It's hard to say without seeing the actual email. You may be misunderstanding what the lawyer has communicated.

What I can tell you is that your girlfriend won't be able to sponsor you until three years have passed since her ex landed and became a PR. So if it's been a year since he landed, you need to wait another two years before she will be able to submit an application to sponsor you. So it's correct to say that she can sponsor another spouse - she just can't do this for another two years.

It's correct that she is also responsible for him financially for the three year period and that if he goes on social assistance at any time during this period, she will be responsible for paying this money back to the government.

It's also correct that the five year ban applies to him (not her).

Last but not least, depending on how long they were together when the application was submitted to sponsor her ex - her ex may have conditional PR which he has technically violated by no longer living with her. If he has conditional PR, then she can technically report him to CIC and potentially be able to sponsor you sooner.

That's a shame. We have considered the note you mentioned, but we assumed that it would be okay considering what her lawyer said.

Is there anything you would recommend for me to do in order to visit for several more years until the 3 years is up? I have attempted applying to numerous jobs and haven't had any luck due to the lack of a work permit (which I'm not even sure if it's entirely legal, but to my knowledge, I thought that I required a job offer first). Should I continue trying to find a position? Could/should I apply for an open work permit? I have met all of the basic requirements (no violations/crimes/risks/etc), although my work experience is fairly lackluster and I only have my associate degree in Computer Science. I've also attempted to use the automated questionnaire to determine my eligibility for the work permit, but I had no luck and I am not sure how accurate it is.

I've heard from others that I could simply cross the border and return within a few days and the decision would fall into the hands of the border law enforcer for whether or not I would be admitted back into Canada. Even if it is legal, I don't like the risk and would rather play it safely. Again, thank you immensely for your guidance. We really, really appreciate what you do.

Edit: I forgot to mention that we are in Ontario.

 

[Kroryyk]

Update: It turns out my application for an extension was refused solely due to me not attaching an image of my entry on March 26th 2016. I added every other necessary file but could not figure out how to attach two files to one section on the application.

1. Anyway, to get to the point, since my extension ends on the 26th of this month and I was given a refusal letter, must I leave on the 26th or 1 month after receiving said letter?

 

[canuck_in_uk]

Update: It turns out my application for an extension was refused solely due to me not attaching an image of my entry on March 26th 2016. I added every other necessary file but could not figure out how to attach two files to one section on the application.

1. Anyway, to get to the point, since my extension ends on the 26th of this month and I was given a refusal letter, must I leave on the 26th or 1 month after receiving said letter?

You need to leave on the 26th. If you stay beyond that, you will be in Canada illegally.

 

[Kroryyk]

You need to leave on the 26th. If you stay beyond that, you will be in Canada illegally.

That's kind of unfortunate considering the price of plane tickets... So the 30 day grace period isn't applicable here? Can I apply for a restoration of temporary resident status to stay in the country with no status while it is processing?

 

[canuck_in_uk]

That's kind of unfortunate considering the price of plane tickets... So the 30 day grace period isn't applicable here? Can I apply for a restoration of temporary resident status to stay in the country with no status while it is processing?

No, there is no grace period. You can apply for another extension; as the refusal was based on a missing document, it's possible a new and complete app could be approved.

 

[Kroryyk]

No, there is no grace period. You can apply for another extension; as the refusal was based on a missing document, it's possible a new and complete app could be approved.

I see. The missing document, however, was a missing stamp of my date of arrival. I went to Pearson and they never ended up stamping my passport, so that's impossible for me. Is there any other way I can prove my entry? Also, aren't I required to apply for a new extension 30 days before leaving?

Edit: If I did reapply, would I be given implied status, or would it technically be illegal?

 

[canuck_in_uk]

I see. The missing document, however, was a missing stamp of my date of arrival. I went to Pearson and they never ended up stamping my passport, so that's impossible for me. Is there any other way I can prove my entry? Also, aren't I required to apply for a new extension 30 days before leaving?

Edit: If I did reapply, would I be given implied status, or would it technically be illegal?

You need to submit a letter of explanation in place of the stamp stating that you did not receive a stamp when entering. There is no requirement to apply 30 days ahead of time; that is simply a suggestion.

Yes, if you reapply, you will have Implied Status