Visitor extension refused - what to do now?

[screech339]

You can't send the Restoraion app and PR app together when applying outland.

Submit the PR app and then apply for Restoration with proof of the submitted PR app.

The OP is planning on applying OUTLAND. Using the PR application as a reason for restoration of status may help. But since they plan to apply outland, there is no requirement for the OP to remain inside Canada, whereby an INLAND PR application does. While there is no harm in applying to restore status, I would not want to depend on the OUTLAND PR application as main reason to restore status, especially after officially being denied extension.

OP has a much better chance in getting status restored if they applied INLAND.

 

[WeegieInOttawa]

What was the refusal reason? I don't think I saw it in OP's posts.

It's possible it will be restored, definitely a better chance once the PR app is in. Maybe include a plane ticket reservation for home for the end of whatever time you were requesting.

The refusal letter was generic and doesn't state anything specific to my case. There is a part in bold which im not sure if this is to tell me the reason thats relevant to me or just a random bold part. The emboldened part is "reason for requested extension".

 

[canuck_in_uk]

Have there been actual cases whereby the status has been restored to applicants after officially been denied extension?

There is a different between being out of status due letting your status lapse on it own (willfull or not) and being out of status due to denied extension.

Yes, there have been cases where people have been denied extensions and successfully restored their status. In my opinion, a person who allowed their status to expire are less deserving of restoration than someone who tried to maintain their status.

 

[canuck_in_uk]

The OP is planning on applying OUTLAND. Using the PR application as a reason for restoration of status may help. But since they plan to apply outland, there is no requirement for the OP to remain inside Canada, whereby an INLAND PR application does. While there is no harm in applying to restore status, I would not want to depend on the OUTLAND PR application as main reason to restore status, especially after officially being denied extension.

OP has a much better chance in getting status restored if they applied INLAND.

I am well aware that OP is applying outland, as I asked the initial question. There is no requirement for OP to apply inland, they could just apply outland, so applying inland isn't a more valid reason to have to stay in Canada.

OP has a good chance of restoration if they show that they have submitted the PR app.

 

[screech339]

The refusal letter was generic and doesn't state anything specific to my case. There is a part in bold which im not sure if this is to tell me the reason thats relevant to me or just a random bold part. The emboldened part is "reason for requested extension".

Sounds like the reasons you gave for extension was not satisfactory enought to give you an extension.

 

[WeegieInOttawa]

Sounds like the reasons you gave for extension was not satisfactory enought to give you an extension.

I stated that i was applying for PR, maybe i should have gone into more detail.

The OP is planning on applying OUTLAND. Using the PR application as a reason for restoration of status may help. But since they plan to apply outland, there is no requirement for the OP to remain inside Canada, whereby an INLAND PR application does. While there is no harm in applying to restore status, I would not want to depend on the OUTLAND PR application as main reason to restore status, especially after officially being denied extension.

OP has a much better chance in getting status restored if they applied INLAND.

I really dont want to apply inland as im at risk if i want to travel, it will take much longer and from my understanding i am no longer elligible for the OWP that goes with inland due to my status.

 

[WeegieInOttawa]

I am well aware that OP is applying outland, as I asked the initial question. There is no requirement for OP to apply inland, they could just apply outland, so applying inland isn't a more valid reason to have to stay in Canada.

OP has a good chance of restoration if they show that they have submitted the PR app.

Canuck..my 90 days to apply for restoration.. That it 90 from refusal right? Not 90 from my application to extend in May?

I really dont want to go down the inland route, never have.

What happens if i submit my PR app, a week later submit my restoration app but they refuse my restoration?

Thanks for everyones help! Its the only thing keeping me sane/in a non-breakdown state right now!

 

[canuck_in_uk]

I stated that i was applying for PR, maybe i should have gone into more detail.

Did you pay the full PR fees and include that receipt in the extension app?

Canuck..my 90 days to apply for restoration.. That it 90 from refusal right? Not 90 from my application to extend in May?

I really dont want to go down the inland route, never have.

What happens if i submit my PR app, a week later submit my restoration app but they refuse my restoration?

Thanks for everyones help! Its the only thing keeping me sane/in a non-breakdown state right now!

90 days starts from refusal. You had valid Implied Status up to that point.

If Restoration is refused, you would be told to leave Canada.

 

[WeegieInOttawa]

Did you pay the full PR fees and include that receipt in the extension app?




90 days starts from refusal. You had valid Implied Status up to that point.

If Restoration is refused, you would be told to leave Canada.

Thanks Canuck.. I didn't pay the PR fees no. I desperately wish I had now. Coulda woulda shoulda right?!

If restoration is refused but I have my PR app in..I don't qualify for implied status? Would it be because I have no status to be implied?

Being ordered to leave Canada should my restoration be refused is something i desperately dont want. I guess being refused restoration is the final nail in the coffin..theres no other avenue to go if that happens?

At this point I guess that my only option is to send in my outland PR app (sans 2016 NOA) then submit my application for restoration?

 

[canuck_in_uk]

Thanks Canuck.. I didn't pay the PR fees no. I desperately wish I had now. Coulda woulda shoulda right?!

If restoration is refused but I have my PR app in..I don't qualify for implied status? Would it be because I have no status to be implied?

Being ordered to leave Canada should my restoration be refused is something i desperately dont want. I guess being refused restoration is the final nail in the coffin..theres no other avenue to go if that happens?

At this point I guess that my only option is to send in my outland PR app (sans 2016 NOA) then submit my application for restoration?

Applying for PR doesn't grant any form of status.

Restoration is the final nail in terms of restoring your temporary resident status. If refused, the only option given is to leave. The other avenue, while not really recommended, would be to remain in Canada illegally until the PR app is approved.

 

[screech339]

I stated that i was applying for PR, maybe i should have gone into more detail.


I really dont want to apply inland as im at risk if i want to travel, it will take much longer and from my understanding i am no longer elligible for the OWP that goes with inland due to my status.

Perhaps the outland PR application wasn't a good enough reason to give you extension since there is no requirement for you to stay in Canada.

 

[screech339]

Thanks Canuck.. I didn't pay the PR fees no. I desperately wish I had now. Coulda woulda shoulda right?!

If restoration is refused but I have my PR app in..I don't qualify for implied status? Would it be because I have no status to be implied?

Being ordered to leave Canada should my restoration be refused is something i desperately dont want. I guess being refused restoration is the final nail in the coffin..theres no other avenue to go if that happens?

At this point I guess that my only option is to send in my outland PR app (sans 2016 NOA) then submit my application for restoration?

It is not the end of the world if you got rejected for restoration of status. You unfortunately would have no choice but to leave Canada at that point. Besides you will be able to come back to Canada once PR is approved.

 

[Oldmacwright]

Applying for PR doesn't grant any form of status.

Restoration is the final nail in terms of restoring your temporary resident status. If refused, the only option given is to leave. The other avenue, while not really recommended, would be to remain in Canada illegally until the PR app is approved.

Which is basically the path my wife and I have gone down, well a restoration of status was not refused but an extension to a VR was (so same thing really). We had the same problem as Weegle in that we applied for an extension to a VR citing we were preparing a PR application, and got refused, I guess they want to see evidence more than just your word. We have the PR app in now but still an uneasy feeling just hoping it goes through before any kind of action of the over stay by the CBSA.

Getting ahead of ourselves but assuming she gets PR, at what point in the process does she become legal again, what happens at the landing interview as I assume they will know she is out of status?

 

[canuck_in_uk]

Which is basically the path my wife and I have gone down, well a restoration of status was not refused but an extension to a VR was (so same thing really). We had the same problem as Weegle in that we applied for an extension to a VR citing we were preparing a PR application, and got refused, I guess they want to see evidence more than just your word. We have the PR app in now but still an uneasy feeling just hoping it goes through before any kind of action of the over stay by the CBSA.

Getting ahead of ourselves but assuming she gets PR, at what point in the process does she become legal again, what happens at the landing interview as I assume they will know she is out of status?

It's unlikely CBSA will come calling unless she actually does something to call attention to herself. I recall someone who was stupid enough to get pulled over for speeding while here illegally and brought CBSA down on themselves.

She will be legal when she becomes a PR. Did you apply inland or outland? If inland, she can apply for an OWP after receiving AIP. Yes, they will know she is out of status; it won't be an issue for landing.

 

[Oldmacwright]

It's unlikely CBSA will come calling unless she actually does something to call attention to herself. I recall someone who was stupid enough to get pulled over for speeding while here illegally and brought CBSA down on themselves.

She will be legal when she becomes a PR. Did you apply inland or outland? If inland, she can apply for an OWP after receiving AIP. Yes, they will know she is out of status; it won't be an issue for landing.

Thanks for the positive words! She doesn't drive so I guess wont have to worry about that one! Though there is always the fear she could inadvertently encounter the law who may then find out about her being here illegally and alert CBSA, but thinking the worst there and we and she are not going to do anything to draw attention to ourselves for sure.

We applied inland, so could she get an OWP after AIP which would make her legal again before actually becoming a fully fledged PR?