Visitor Visa Extension Refused Because of Expired Passport

[pinkiemum]

Hi there,

I was wondering if you could help me figure out the next steps with regards to the current status of my mother in Canada:

She has been here for 7 years on a visitor visa (she came in 2010).
October 2011 - applied for her parent sponsorship. Final documents (and medical results) were sent to the immigration office on April 2017, awaiting final response from immigration)
January 3, 2017 - visa extension has expired.
January 19, 2017 - applied for her restoration of status. We were late this year because we moved houses in September and it took us longer to settle in the new house.
March 2017 - her restoration of status was refused because of an expired passport even though we told the visa officer that her passport is being renewed. We received her new passport in May 2017.

I was trying to apply for restoration of her status online this week and was told that she will not be able to restore her status because it has passed the 90 day limit and that she has to leave Canada.

What should I do in this case? Can I still apply for restoration citing the circumstances that we were in?

Thank you! Appreciate your time and advise!

 

[bellaluna]

Did you mean to say her visitor status expired on January 3 2017, rather than her visa extension expiring?

A visa is strictly an entry document, it is different from status.

You should consult a lawyer for this, but going with what you shared, IMO, she should comply and leave Canada until her sponsorship is approved. You don't want to jeopardize the ongoing sponsorship application if she remains out of status.

 

[pinkiemum]

Did you mean to say her visitor status expired on January 3 2017, rather than her visa extension expiring?

A visa is strictly an entry document, it is different from status.

You should consult a lawyer for this, but going with what you shared, IMO, she should comply and leave Canada until her sponsorship is approved. You don't want to jeopardize the ongoing sponsorship application if she remains out of status.

Thanks Bellaluna! Yes, I meant her visitor status expired on January 3, 2017. Yes, I agree with you it would probably be best to consult a lawyer. Is leaving Canada the best option?

 

[scylla]

It's unfortunately too late to apply for restoration since you only had 90 days from the time her status expired in January. The 90 days is a strict rule - CIC won't extend it based on your passport situation (they'll say it was your mother's responsibility to ensure she had a valid travel document and to ensure she kept her status in Canada valid). At this point she would need to leave Canada in order to restore her status. She can't apply from within Canada.

I'm not sure what this means with her PR application being so close to being finalized... I guess she could try to remain in Canada without status and hope the sponsorship application can still be finalized. Might be a good idea to have a consult with a lawyer.

 

[pinkiemum]

It's unfortunately too late to apply for restoration since you only had 90 days from the time her status expired in January. The 90 days is a strict rule - CIC won't extend it based on your passport situation (they'll say it was your mother's responsibility to ensure she had a valid travel document and to ensure she kept her status in Canada valid). At this point she would need to leave Canada in order to restore her status. She can't apply from within Canada.

I'm not sure what this means with her PR application being so close to being finalized... I guess she could try to remain in Canada without status and hope the sponsorship application can still be finalized. Might be a good idea to have a consult with a lawyer.

Hi Scylla - Yes, it is very unfortunate and I was hoping for her to stay here until her PR application is finalized. I will consult a lawyer. Would you be able to recommend one?

 

[scylla]

I'm afraid I can't recommend a lawyer - I've never worked with one.

It's definitely not possible to restore her status from within Canada. That option is out and no point even discussing that with the lawyer.

What you want to focus your questions around is if your mother can remain in Canada without status while waiting for the outcome of her application and if CIC will still give her the visa even if she's out of status in Canada (my thinking is that yes - they will).

 

[pinkiemum]

I'm afraid I can't recommend a lawyer - I've never worked with one.

It's definitely not possible to restore her status from within Canada. That option is out and no point even discussing that with the lawyer.

What you want to focus your questions around is if your mother can remain in Canada without status while waiting for the outcome of her application and if CIC will still give her the visa even if she's out of status in Canada (my thinking is that yes - they will).

Good point. You are giving me a little bit of hope here! Having said that, what are my options if they refuse the PR application because of her remaining in Canada without status?