Restoration of status

[karlabaq]

Hello, I would like to get helpful information about my situation..

My boyfriend had a working holiday visa that expired in October 2013. He sent an application to extend his stay as a visitor, but UPS delayed the package and it was delivered after his working holiday expired. CIC returned his application in January and asked him to apply for a restoration of status, which he sent on March 16. We should hear from CIC in less than a month now, but we are worried about what would happen if it is not approved. He talked to a lawyer who said he should go back to Mexico and apply for a work permit, with 70% chances of it getting approved. Another option may be to apply for Common in Law since I hold a student visa (I am from Mexico as well), but we moved in together in July 2013, so we would not meet the one year requirement to apply for it. The lawyer said that if we get married, it is possible to apply for a Common in Law if he goes back to Mexico, even he goes before July. Does anyone know if that is actually possible? Are there any other options for us?

Thank you in advance.

 

[zardoz]

Hello, I would like to get helpful information about my situation..

My boyfriend had a working holiday visa that expired in October 2013. He sent an application to extend his stay as a visitor, but UPS delayed the package and it was delivered after his working holiday expired. CIC returned his application in January and asked him to apply for a restoration of status, which he sent on March 16. We should hear from CIC in less than a month now, but we are worried about what would happen if it is not approved. He talked to a lawyer who said he should go back to Mexico and apply for a work permit, with 70% chances of it getting approved. Another option may be to apply for Common in Law since I hold a student visa (I am from Mexico as well), but we moved in together in July 2013, so we would not meet the one year requirement to apply for it. The lawyer said that if we get married, it is possible to apply for a Common in Law if he goes back to Mexico, even he goes before July. Does anyone know if that is actually possible? Are there any other options for us?

Thank you in advance.

I was under the impression that restoration of status had to be submitted within 90 days of loss of status. October 2013 to March 2014 is much more than 90 days. Because CIC didn't receive the extension application in time, "implied status" may not have been in operation.

If you marry, you don't apply as common-law. Are you sure that your lawyer knows what they are talking about?

 

[karlabaq]

He sent the first application in October and got it back in January to re-apply, when he sent it again in March he was still under the 90 day period. And no I'm not sure he does, he just said that getting married would make the Common in Law easier. I think I will look for another lawyer and dig more into it.

Thanks for replying!

 

[canuck_in_uk]

He sent the first application in October and got it back in January to re-apply, when he sent it again in March he was still under the 90 day period. And no I'm not sure he does, he just said that getting married would make the Common in Law easier. I think I will look for another lawyer and dig more into it.

Thanks for replying!

The 90 day period began when his original status expired in October, not when he received the app back in January. You can expect this latest app to be refused as well, as he no longer qualifies for restoration.