Immigration Issues/Restoration of Status
I am an Australian citizen and applied for Permanent Residency to Canada under the CEC (Canadian Experience Class)
I intended to have implied status to extend my visitors permit (expired 22nd June) until my return flight to Australia (September 18) as I plan to wait the 13 month processing time for outcome there.
I have just received notice (dated July 12th) that my application was incomplete due to one missing document and therefore I have no record of my application being received before my visitors permit expired so I have lost my legal status to remain in Canada.
I was advised to leave Canada or apply for restoration of status but it will not be noted as received for at least 2 months in which time I will have already returned to Australia.
I plan to travel to the US and re-enter explaining my situation but I am concerned I may not be able to re-enter for my flight from Vancouver to Australia despite having sufficient funds etc.
I want to do the right thing and have sought information on this subject in various ways but wondering if you could offer any advice on this case specific situation.
Thanks for your inquiry.
You have been advised correctly either to leave Canada or apply for restoration of status.
Australia is a participant in the Visa Waiver Program and the immigration officer(s) got huge discretion in terms of allowing citizens those are exempted to get visitor visa to re-enter Canada.
I suggest submitting the restoration application and then entering US; and on way back to Canada it will be much easier to explain the situation, if asked. NEVER volunteer. Keep all the documentation and in case itís been asked to proof then it will be easy to establish that youíre complying with immigration requirements.
Further, itís very unlikely that the officer will refuse you not to re-enter Canada in order to catch your flight.