How I lost legal status and how I restored it

I lost legal status in mid-2016 because of unfortunate circumstances. Here’s why.

If you were given a multiple-entry visa to Canada, you would assume you could stay in the country for its entirety without any problem. Well, it's wrong.

I just found out that border services officer at the port of entry—whether by land, sea or air—will determine how long you are allowed to stay. You will know it upon entry, because they usually stamp a “leave on or before” date in your passport.

In my case, I had no stamp in my passport when I arrived here in July of 2014 via the Pearson International Airport. Of course, I didn’t know then that “no stamp” means I’m “good to stay” only for up to six months despite the multiple-entry visa.

The thing is, if you plan to stay for more than six months you have to undergo a medical exam from a government-approved doctor. It's a requirement. However, you can not just show up at the doctor's office to get your medicals done. You have to show medical forms from the immigration office. Whatever form it was, I didn't know.

So, my problem stemmed from these medical forms that were lost in the mail. The immigration office's initial response to my visa extension application was “medical forms would be mailed separately.” 

That's when I started to worry. I knew I needed to somehow inform the CIC about the missing medical forms. Either through mail, email, or phone. I chose to send them letter through the mail. I thought it was formal and appropriate.

But to my surprise, the case processing officer in Vegreville denied my visa extension application, altogether! In an email dated 8th October 2015, the immigration officer said in part, he or she was not satisfied that I met the requirements, and therefore my application was refused. To say I was stunned was an understatement.

During that time, however, I was considered to have an implied status. It means my period of authorized stay as a temporary resident is extended by law [R183(5)] until a decision is made. In a layman’s term, a grace period. It applies the day after your legal status has expired. Consequently, you have to apply for renewal of whatever visa needed within three months. Otherwise, you will be considered out of status, and thus must apply for restoration.

How I restored my status

Medical exam

That same day I searched the Internet for a panel physician, and was lucky there's one near my place. Getting a medical exam also had it's own challenges. First of all, the place was so darn busy. So, anyway, they require each applicant to bring a passport sized picture, a copy of your passport, all the documents sent by the IRCC (not applicable to me, obviously), and payment. They accept cash, debit or credit.

The medical tests were pretty straightforward. It included chest X-ray, urine and blood tests among others. 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. 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 call! They were also the ones to forward the results to the IRCC.

Sending another application

I didn't waste a day or two and started sending out another application. This time the restoration of legal status.

For application to be considered, I needed to present "new evidence" that would satisfy the reviewing officer. In my case, that would be the medical certification and copies of other documents I thought were essential to the process.

Procedures:

Step 1: Send the application to Case Processing Centre in Vegreville. They will review the application and ensure that all required documentation and the fee have been included.

Step 2: A service delivery agent at the CPC-V evaluates the application to determine if the applicant is eligible for a renewal and decides whether or not to grant it.

Step 3: An inland officer reviews the file and schedules the applicant for an interview (If applicable).

Step 4: In cases where CPC-V has sufficient grounds to refuse an application, a letter is mailed to the applicant notifying them of the refusal and the reasons for it. The applicant is also advised of the next course of action (e.g., eligibility for restoration or to leave Canada).

Step 5: The agent’s decision is documented in the Field Operations Support System (FOSS)/Global Case Management System (GCMS).