Expired student visa while waiting for permanent residency

10-31-2003, 11:53 PM

Please help - thanks.

I am a Canadian citizen. I'm writing this on behalf of my American common law wife.

Two years ago she got accepted to study in Montreal. She applied for a student visa and received it
for 2 years, moved here, and we lived together since then.

A year after living here (1 year ago) she decided she would like to permanently live here. By then
we qualified as common-law partners and she applied for permanent residency under those grounds.
There have been several positive correspondences and receipts from the government of Canada and the
government of Quebec showing that the application is moving ahead.

Her studies are now over and she graduated. Her student visa also expired on August 31st, 2003 and
she has overstayed it while waiting for her permanent residency application to be accepted.

Today (October 31st - exactly 60 days after her student visa's expiry) she got a phone message from
someone at the government of Canada saying that they are processing her permanent residency
application and according to them her student visa's expired - they said that to move ahead with the
processing she needs to fax them something stating that she's here legally, either through an
extension of status or re-entry.

(off-topic: Was the 60-day phonecall a coincidence or calculated to correspond with a too-late
scenario ?)

That's where things get blurry and I would like advice as to the best scenario for us to go,
considering that she would like to avoid leaving Canada if at all possible.

1. We cannot renew the student visa since it's already expired. Correct ?

2. According to http://www.cic.gc.ca/english/applica...html#wp1027093 we may apply
for a "restoration" instead of a "renewal" of status since 90 days since expiration have not elapsed
yet (only 60). It seems quite harsh and criminal-like though. Is this something viable ?

3. If we can renew or restore, does the government want proof of application to do so, or actual
approvel of renewal or restoration, before moving ahead with the permanent residency application ?

4. She spoke to someone at the airport immigration and they advised her to leave Canada and come
back - as simple as driving across the border, turning around, and getting back in asking for a
visitor visa at entry. Is there a possibility that she would be refused entry ? Does the fact that
she's applied for permanent residency cast negative shadow on that ?

She has her masters degree and is extremely eager to live and work her (her field is very much in
demand) once she gets her permanent residency. What is the best route for us to follow ?

Thank you in advance.

11-01-2003, 12:41 AM

Get to work. Apply for reinstatement of her visitor status. Look after
your wife and stop letting things just "happen".

__________________
Jim Humphries, former visa officer
"SomeOne" <> wrote in message
news:zuDob.19271$...
    > Please help - thanks.
    > I am a Canadian citizen. I'm writing this on behalf of my American common
law wife.
    > Two years ago she got accepted to study in Montreal. She applied for a
student visa and received it
    > for 2 years, moved here, and we lived together since then.
    > A year after living here (1 year ago) she decided she would like to
permanently live here. By then
    > we qualified as common-law partners and she applied for permanent
residency under those grounds.
    > There have been several positive correspondences and receipts from the
government of Canada and the
    > government of Quebec showing that the application is moving ahead.
    > Her studies are now over and she graduated. Her student visa also expired
on August 31st, 2003 and
    > she has overstayed it while waiting for her permanent residency
application to be accepted.
    > Today (October 31st - exactly 60 days after her student visa's expiry) she
got a phone message from
    > someone at the government of Canada saying that they are processing her
permanent residency
    > application and according to them her student visa's expired - they said
that to move ahead with the
    > processing she needs to fax them something stating that she's here
legally, either through an
    > extension of status or re-entry.
    > (off-topic: Was the 60-day phonecall a coincidence or calculated to
correspond with a too-late
    > scenario ?)
    > That's where things get blurry and I would like advice as to the best
scenario for us to go,
    > considering that she would like to avoid leaving Canada if at all
possible.
    > 1. We cannot renew the student visa since it's already expired. Correct ?
    > 2. According to
http://www.cic.gc.ca/english/applica...html#wp1027093 we
may apply
    > for a "restoration" instead of a "renewal" of status since 90 days since
expiration have not elapsed
    > yet (only 60). It seems quite harsh and criminal-like though. Is this
something viable ?
    > 3. If we can renew or restore, does the government want proof of
application to do so, or actual
    > approvel of renewal or restoration, before moving ahead with the permanent
residency application ?
    > 4. She spoke to someone at the airport immigration and they advised her to
leave Canada and come
    > back - as simple as driving across the border, turning around, and getting
back in asking for a
    > visitor visa at entry. Is there a possibility that she would be refused
entry ? Does the fact that
    > she's applied for permanent residency cast negative shadow on that ?
    > She has her masters degree and is extremely eager to live and work her
(her field is very much in
    > demand) once she gets her permanent residency. What is the best route for
us to follow ?
    > Thank you in advance.

11-01-2003, 04:50 AM

Thank you Jim.

What is the best way to accomplish that ? To apply for a restoration/renewal by mailing out the
form on the site, or to drive to the States and back ?

Jim Humphries wrote:
> Get to work. Apply for reinstatement of her visitor status. Look after
> your wife and stop letting things just "happen".

11-01-2003, 04:28 PM

You may go with restoration within 90 days of the expiration of the study
permit.
there are two ways to do that

1. If she graduated recently she can apply for post-grad work permit ( she
has to find job in 90 days after graduation ) if she is able to find job in
the field she has studied then you can go with post-grad work permit for
more info refer
http://www.cic.gc.ca/english/study/work-opps.html

2. Or you can just apply visitor status with restoration of status for more
info

http://www.cic.gc.ca/english/study/status%2Drestore.html

Best of Luck

"SomeOne" <> wrote in message
news:vQHob.20937$...

Thank you Jim.

What is the best way to accomplish that ? To apply for a
restoration/renewal by mailing out the
form on the site, or to drive to the States and back ?

Jim Humphries wrote:
> Get to work. Apply for reinstatement of her visitor status. Look after
> your wife and stop letting things just "happen".

11-01-2003, 08:37 PM

Thank you Sukhwinder.

We decided to take off earlier today. We drove south and within one hour were in a nice little town
in New York. We had lunch, shopped for a bit, then drove back up. The Canadian customs officer was
a pleasure to deal with (unlike the U.S. equivalent). He took the expired student visa off her
passport, then stamped the passport with a visitor visa valid for 6 months. Aside from getting lost
and a couple of detours, the whole thing was accomplished in under 2 hours.

Sukhwinder Singh wrote:
    > You may go with restoration within 90 days of the expiration of the study
    > permit.
    > there are two ways to do that
    >
    > 1. If she graduated recently she can apply for post-grad work permit ( she
    > has to find job in 90 days after graduation ) if she is able to find job in
    > the field she has studied then you can go with post-grad work permit for
    > more info refer
    > http://www.cic.gc.ca/english/study/work-opps.html
    >
    > 2. Or you can just apply visitor status with restoration of status for more
    > info
    >
    > http://www.cic.gc.ca/english/study/status%2Drestore.html
    >
    > Best of Luck
    >
    >
    > "SomeOne" <> wrote in message
    > news:vQHob.20937$...
    >
    > Thank you Jim.
    >
    > What is the best way to accomplish that ? To apply for a
    > restoration/renewal by mailing out the
    > form on the site, or to drive to the States and back ?
    >
    > Jim Humphries wrote:
    >
    >>Get to work. Apply for reinstatement of her visitor status. Look after
    >>your wife and stop letting things just "happen".
    >
    >
    >

11-03-2003, 07:44 PM

Good for you man!
Q? Did you mention to the can. imm. officer that she was your common law
wife as you entered Canada!?
thank you,
cheers!

"SomeOne" <> wrote in message
news:mIVob.27425$...
    > Thank you Sukhwinder.
    > We decided to take off earlier today. We drove south and within one hour
were in a nice little town
    > in New York. We had lunch, shopped for a bit, then drove back up. The
Canadian customs officer was
    > a pleasure to deal with (unlike the U.S. equivalent). He took the expired
student visa off her
    > passport, then stamped the passport with a visitor visa valid for 6
months. Aside from getting lost
    > and a couple of detours, the whole thing was accomplished in under 2
hours.
    > Sukhwinder Singh wrote:
    > > You may go with restoration within 90 days of the expiration of the
study
    > > permit.
    > > there are two ways to do that
    > >
    > > 1. If she graduated recently she can apply for post-grad work permit (
she
    > > has to find job in 90 days after graduation ) if she is able to find job
in
    > > the field she has studied then you can go with post-grad work permit for
    > > more info refer
    > > http://www.cic.gc.ca/english/study/work-opps.html
    > >
    > > 2. Or you can just apply visitor status with restoration of status for
more
    > > info
    > >
    > > http://www.cic.gc.ca/english/study/status%2Drestore.html
    > >
    > > Best of Luck
    > >
    > >
    > > "SomeOne" <> wrote in message
    > > news:vQHob.20937$...
    > >
    > > Thank you Jim.
    > >
    > > What is the best way to accomplish that ? To apply for a
    > > restoration/renewal by mailing out the
    > > form on the site, or to drive to the States and back ?
    > >
    > > Jim Humphries wrote:
    > >
    > >>Get to work. Apply for reinstatement of her visitor status. Look after
    > >>your wife and stop letting things just "happen".
    > >
    > >
    > >

11-04-2003, 08:28 PM

glad to hear that, otherwise she might have to apply for minister permit to
stay.

Mark
"SomeOne" <> wrote in message
news:mIVob.27425$...
    > Thank you Sukhwinder.
    > We decided to take off earlier today. We drove south and within one hour
were in a nice little town
    > in New York. We had lunch, shopped for a bit, then drove back up. The
Canadian customs officer was
    > a pleasure to deal with (unlike the U.S. equivalent). He took the expired
student visa off her
    > passport, then stamped the passport with a visitor visa valid for 6
months. Aside from getting lost
    > and a couple of detours, the whole thing was accomplished in under 2
hours.
    > Sukhwinder Singh wrote:
    > > You may go with restoration within 90 days of the expiration of the
study
    > > permit.
    > > there are two ways to do that
    > >
    > > 1. If she graduated recently she can apply for post-grad work permit (
she
    > > has to find job in 90 days after graduation ) if she is able to find job
in
    > > the field she has studied then you can go with post-grad work permit for
    > > more info refer
    > > http://www.cic.gc.ca/english/study/work-opps.html
    > >
    > > 2. Or you can just apply visitor status with restoration of status for
more
    > > info
    > >
    > > http://www.cic.gc.ca/english/study/status%2Drestore.html
    > >
    > > Best of Luck
    > >
    > >
    > > "SomeOne" <> wrote in message
    > > news:vQHob.20937$...
    > >
    > > Thank you Jim.
    > >
    > > What is the best way to accomplish that ? To apply for a
    > > restoration/renewal by mailing out the
    > > form on the site, or to drive to the States and back ?
    > >
    > > Jim Humphries wrote:
    > >
    > >>Get to work. Apply for reinstatement of her visitor status. Look after
    > >>your wife and stop letting things just "happen".
    > >
    > >
    > >