Out of status in Canada

What will you do if you are preparing to apply for a permanent residency in Canada and somewhere along the way realized you’re out of status?  

 

Having legal status means you are authorized to enter and remain in Canada as a temporary or permanent resident under the Immigration and Refugee Protection Act.

 

Temporary resident status is valid for a specific period of time and you must ensure that your status remains valid while you are in the country.

 

Regrettably, people do fall out of status, and this happens mainly in two different ways:

That’s exactly what happened to me. I fell out of status just as I was preparing to send my application for permanent resident. Why? Simply because I didn’t receive the medical forms/instructions, which apparently “mailed separately,” according to CIC letter, that I would take to an authorized immigration doctor.

 

Since I chose to do the medicals after sending my application, I was expecting to receive further instructions from the CIC whether through mail or email (at least that’s what they said).  

 

So, as I was waiting, I never realize that three weeks have already passed since being notified that “forms would be mailed separately.” I was starting to worry because my “30-day compliance” window was closing down.

 

What options do I have, I asked myself. Well, there were two possible choices: first, to call the the Help Line; or second, scour the CIC website. I did both!

 

I first called the hotline only to be put on-hold for almost an hour because of “large volume of calls.” I never really talked to anybody on the other end, because your call would be “answered” by an automated message. But I still tried, several more attempts, then I gave up.

 

My second option was to scour the website, hoping I could find something regarding my specific situation… but just like the Help Line, I had no luck. But don’t get me wrong, the CIC has a lot of information in its website, it’s just that “lost documents” isn’t one them. 

 

I was getting desperate for answer, that’s when I decided to write the reviewing officer at the Vegreville office explaining the situation. I was hoping that maybe, just maybe, the officer would somehow understand the situation and would send another set of instructions. But to my shock and dismay, my request had been denied. So, I was in a panic mode for a moment, until I gathered my thoughts. 

I knew I had to act sooner rather than later, because I didn’t want to be asked or  ordered to leave the country for overstaying. And, besides, I was about to send my PR application. 

 

Now, I had two applications to submit: restoration of legal status, if approved, and the PR. But, the medical exams need to be done first.

 

Although I didn’t have the medical forms in hand, I still phoned in one of the doctors listed on the panel of physician, and booked an appointment. 

 

The receptionist asked a few questions. She also enumerated the documents I needed to bring with me on the appointment day. I didn’t tell her that I was missing the medical forms.

 

So, on the day of my exam, the receptionist asked for all the documents the CIC sent me and I told her I didn’t have them, and she said, “Ok.” I thought I was going to be denied or something. 

 

Luckily, the panel doctor acknowledged that I was missing the CIC forms, and said to not worry, because he would provide them for me since I would eventually apply for family sponsorship. What a sigh of relief! It felt like a heavy weight had been lifted off of my chest. One thing I learned from this is you really have to go out there and advocate for yourself! 

 

The medical tests were pretty straightforward. It included chest X-ray, urine and blood tests. There’re also psychological questions that I, honestly, could hardly remember!  All in all, it took more or less three hours from start to finish—that included waiting time.

 

They gave me a copy of the medical certification, the e-track number, and the receipt. The doctor, who was so fantastic, told me that if ever they’d find something wrong with laboratory tests, they would call me. Luckily, they didn’t! They were also the ones to forward the results to the CIC.

 

So, I didn’t waste any time and started sending out another application. This time the restoration of legal status.

 

Six, gruelling months after receiving the dreaded denial letter, I received my Visitor Record (IMM4242B) indicating that my temporary resident status has been restored. Yey! 

 

 

When you’re faced with a similar situation, don’t panic. Take a deep breath and clear your mind. Once the dust has settled, only then you can really start your course of action.  Whatever it maybe. No two person have the same case, there’s no one size, fits all solution. All you have to do is know your options.

 

Of course, there are immigration lawyers, but I think they are your last resort. Besides being so expensive, hiring a lawyer to represent you doesn’t guarantee your application will be approved. 

 

The CIC is actually very lenient with its guidelines regarding immigration. They will allow you to use every possible avenue to get your application through.  

 

So, do you have a similar experience? How did you get yourself out of it? Let me know in the comments section. Hanggang sa muli! ♥