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Restoration of Temporary Status Question - Printable Version

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Restoration of Temporary Status Question - RobsLuv - 12-13-2007 07:42 PM

Scenario: a person from a non-visa-exempt country files an extension of status application prior to expiration of their original status, but the extension application is refused and they're told to leave Canada immediately (basically because it was filed before the person was a qualified to be sponsored for PR), and then their original status expires. But then they get married and file an application to Restore their status so that they can remain in Canada with their spouse during PR processing. Does filing the Restoration application and paying the $200 fee within 90 days after expiration of the original status give them some sort of "implied status" to stay in Canada until a decision is made - the way filing the original extension application does, if it's filed before their original status expires??


Restoration of Temporary Status Question - DarDar - 12-13-2007 08:01 PM

no idea, but I'd like to hear the answer also.
I'm wondering if getting married after being told to leave the country, would be a further hinderance or would it help their case?


Restoration of Temporary Status Question - wongn - 12-13-2007 08:11 PM

Hi Robsluv,

I responded to you over at Imm.ca, but I'll post here as well.

Once their original status expires, they no longer have status in Canada. Filing a Restoration of Status application does not give them implied status. They would only have status if the Restoration of Status application is approved and they are given a new visitor record.


Restoration of Temporary Status Question - RobsLuv - 12-13-2007 08:18 PM

That's kinda what I thought - but she'd obviously need to stay in Canada while waiting for a response on the Restoration application, right? Otherwise, no point in filing it at all. I guess they just have to hope that nobody comes knocking on the door asking her to leave in the meantime, eh?


Restoration of Temporary Status Question - wongn - 12-13-2007 08:22 PM

That's right--if that person leaves Canada, then there's no point in filing the Restoration of Status application.


Restoration of Temporary Status Question - RobsLuv - 12-13-2007 08:24 PM

DarDar Wrote:no idea, but I'd like to hear the answer also.
I'm wondering if getting married after being told to leave the country, would be a further hinderance or would it help their case?

I don't think that getting married would be a hindrance, per se, as far as whether or not they approve the temporary status. It simply qualifies the applicant to be sponsored for Permanent Residence - which can influence approval of a temporary stay.

It's up to assessment of the PR application to address the question of whether the marriage is genuine, or entered into simply to facilitate immigration.


Restoration of Temporary Status Question - DarDar - 12-13-2007 09:16 PM

what happens if the person does leave? would they just re-enter & have new visitor status or would there be implications because of the expired status?

cic makes no sense to me.


Restoration of Temporary Status Question - wongn - 12-13-2007 09:37 PM

Everytime a foreign national enters Canada, he/she will be examined by the immigration officer and must satisfy the officer that he/she is a legitimate temporary resident, meaning:

- Has valid reason to enter Canada,
- Does not intend to remain in Canada permanently,
- Has means and intent to leave Canada before expiry of authorized stay,
- Has sufficient funds to support him/herself while in Canada,
- Is not inadmissible to Canada.

If the officer is satisfy that the person meets those requirements, he/she will be admitted into Canada with an authorized stay of up to 6 months.


Restoration of Temporary Status Question - RobsLuv - 12-13-2007 10:10 PM

The problem that this particular couple faces is that she is from a non-visa-exempt country and is married to a Canadian. The chances that she will get a Temporary Resident Visa to come back to Canada if she leaves now are slim to none. And he is a PR - so he cannot go back with her and still apply to sponsor her. If she's not approved for Restoration, they're pretty much guaranteed a separation of at least six months - probably longer. PR Processing timelines for her visa office are 5-15 months.


Restoration of Temporary Status Question - matthewc - 12-14-2007 01:49 AM

This is exactly the situation the spousal public policy was designed to address. She can apply for PR inland without having status in Canada. If she's still within the 90 day window, I'd suggest including a restoration of status application, together with an OWP application + inland PR application. I'd advise against sending in the restoration application separately - send it with the PR app. The fact that it won't get processed within 90 days doesn't matter, having filed it within 90 days means her status can be restored when she gets AIP (I think that's correct, but I didn't re-read the relevant manuals so others please correct me if I misremembered that).

Matthew


Restoration of Temporary Status Question - RobsLuv - 12-14-2007 03:50 PM

OK, I only found this in Section 5.7 of IP6 - Processing Temporary Resident Extensions. It doesn't seem to specifically address "implied status", although it maybe alludes to it. It's the part about being given 90 days after CPC-V notifies of the requirement to file a Restoration ap that makes me think an applicant is "protected" during that time - even though it never specifically uses the term "implied status". So, I'd say it's risky to try to file it with an inland application and use that as a claim to "implied status". It makes more sense to me to file it immediately, and then file an inland application with an OWP if the Restoration is approved. Otherwise, she'd need to file outside, and could remain in Canada until a removal letter is sent - just to minimize their time apart. An outside ap can be filed at any time, whether she's in status or not, and won't be affected by her having to leave Canada.

The guy I've been talking with apparently spoke with CIC about just that and what he was told was this: the Restoration ap would most likely be approved with proof of the legal marriage and intent to file PR (I told him to pay the PR fees and send a copy of the receipt with the R. ap). They also confirmed a "90 grace period from the date of the refusal."



Restoration of Temporary Status Question - lindsayvj - 01-11-2008 03:34 AM

I was in this situation with my partner, who lost his status and filed an application for PR + OWP along with an application for restoration of status. We requested on the form that the request for restoration be processed upon processing the application for PR, but shortly after sending in our application we received a message from a woman at Vegreville who advised us to refile our request for restoration so that it would be processed immediately. We did so, and my partner's status was restored within 3 weeks of sending in the whole application, and then his PR application was processed according to the normal timelines - successfully - he landed today!


Restoration of Temporary Status Question - RobsLuv - 01-11-2008 04:16 AM

Congrats - that's great news. Thanks for the input. These are questions that are best answered by people who've actually been through it and now how it works.


Restoration of Temporary Status Question - dool - 01-11-2008 04:37 AM

wow! congrats and good luck! what an awsome timeline for inland Thumbsup