Permanent resident application through common-law sponsorship

[Ponga]

Thank you for all the reply’s! I have another question.
So since my visitor visa already expired on October 10th, after I apply for another extension this week, will that give me implied status while I am currently still here in Canada and waiting for them to respond?
It took 7 months to hear back from them the first time about my visitor extension.

I don't believe so, otherwise anyone that has lost status would have `Maintained Status' after letting their legal status expire.

https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

All temporary residents have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay. However, as per section R181, a temporary resident may apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have legal status as a temporary resident during the processing period.

You need to apply for Restoration of Status as mentioned by @scylla.

 

[kylie1616]

Okay I see . So does that mean I’d be illegally here until I hear back from my permanent resident application and/or an extended visitor visa?? I thought applying for another visitor extension before 90 days is up after mine expired would confirm I’m not illegally here especially with my situation .

 

[Ponga]

More info:
https://canadianimmigrationexperts.ca/restoration-of-status/

Also remember that when you apply for the restoration of status, you are not in the implied status, which means that you are not allowed to work or study until your application for the restoration of status and a work/study permit is finalized.

 

[kylie1616]

Yes I know this, thanks. I’m just looking for a way to make sure I’m not illegally here since my plans changed..

 

[Ponga]

Okay I see . So does that mean I’d be illegally here until I hear back from my permanent resident application and/or an extended visitor visa?? I thought applying for another visitor extension before 90 days is up after mine expired would confirm I’m not illegally here especially with my situation .

But the problem is...you no longer have a visit to extend. Your expiry of visitor status has passed, which is why you now must apply for Restoration and pay the $200 fee.

I'm not sure about this, but you may have to be prepared to show that you have medical coverage while you are waiting for your PR to be processed. If you needed medical care, who would pay for that?

 

[Ponga]

Yes I know this, thanks. I’m just looking for a way to make sure I’m not illegally here since my plans changed..

Actually...you no longer have legal status.

 

[Ponga]

It's also important to mention that while an Inland applicant does not need to have legal status, the same `Public Policy' does not apply to an Outland applicant, which is why you really should resolve this ASAP!

Did you even consider the suggestion of calling CBSA (anonymously)?

 

[kylie1616]

yes of course I considered this. I have been trying to call IRCC for the past week but have been unsuccessful with getting anyone on the phone. Maybe my best bet is to just leave and try to come back ??

 

[kylie1616]

And what if CBSA asks for my name ?

 

[kylie1616]

I just called CBSA they said they can’t give me an answer about immigration and to call IRCC…

 

[Ponga]

I just called CBSA they said they can’t give me an answer about immigration and to call IRCC…

Seems odd since it is CBSA that determines if a visitor can enter Canada and if so, for how long.

 

[kylie1616]

I know right ! They told me to call IRCC and basically that they don’t have an answer for me….

 

[Ponga]

yes of course I considered this. I have been trying to call IRCC for the past week but have been unsuccessful with getting anyone on the phone. Maybe my best bet is to just leave and try to come back ??

You seem to have 3 options:

1. Do nothing and wait until your PR application is processed and hopefully approved.
Potential issue would be that you will still have no legal status, which may or may not lead to a bigger issue (my opinion is that it likely would not).

2. Apply for Restoration of Status.
Potential issue, paying the $200 fee and the application is refused (still without legal status during the review process).

3. Visit your family for Christmas (as you mentioned in your 4th post in this thread) and come back. Hopefully, with proof of a spousal sponsorship application AND having answers, if asked, about your ties back `home' in the U.S. in case your application is denied, the CBSA officer would not refuse reentry. Potential issue, he/she/they do not allow you in, BUT...your sponsorship application continues to be processed because you submitted the OUTLAND application - does not require the applicant to be in Canada.

 

[kylie1616]

Hi again
So my permanent resident application got returned because one of the documents didn’t upload properly. I was wondering if I’m able to change it to the inland one now instead of Outland ?

 

[Ponga]

Hi again
So my permanent resident application got returned because one of the documents didn’t upload properly. I was wondering if I’m able to change it to the inland one now instead of Outland ?

Why would you want to do that? You would still be without legal status and would now be required to remain in Canada during the process.

Have you decided not to apply for restoration of status?