Restoration of Status Questions, etc.

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Annie
Posts: 1
Joined: Mon Aug 21, 2006 1:49 am

Restoration of Status Questions, etc.

Post by Annie »

Hello

I am in need of some clarification... perhaps someone/Ron may be able to help me!

First of all, I discovered when applying for permanent resident status that I have overstayed as visitor here in Canada. I just recently got married to a Canadian citizen here in B.C. late July and my status as visitor expired in June. The reason for this was just sheer stupidity as I failed to look at the handwritten date below my stamp and thought I was good to go until October (since I had arrived in B.C. in April).

From what I understand, does this mean that in order for me to apply for permanent residency I would need to first apply to restore my status as visitor? Does anyone know what happens in such a situation where one needs to apply for restoration? I won´t be deported, will I?

Also, if my application for restoration is approved, does this mean I can proceed with the spousal sponsor for permanent residence within Canada?

Thanks!
waiting
Posts: 1
Joined: Sun May 07, 2006 5:08 pm

Post by waiting »

There is a fairly new law that allows one to be sponsered by a spouse despite their status.

The page is called Policy Change for Spouses and Common-law Partners Applying for Permanent Residence from within Canada and can be found at http://www.cic.gc.ca/english/sponsor/faq-spouse.html.
Ron Liberman
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Joined: Sat Oct 30, 2004 4:23 pm
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Post by Ron Liberman »

That is correct - provided it is a simple overstay as in this case. However I would still advise applying for restoration of status so there is no "black mark" against you. Otherwise, in years to come, you could even have trouble entering another country if the authorities obtain information about your Canadian immigration records or ask if you have ever stayed in a country beyond the time allowed you. You still have time to apply for restoration, but I would do it right away. There is no evident reason why if you do so you would be deported.
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