Extension rejected, need advice on leaving Canada

[Gavin Singh]

Hello All,

I came to Canada on 6th June, 2018 so my visitor status was expiring on 6th December, 2018. I have filed for my extension through a consultant on 29th November, 2019 (7 days before status expiration). The CIC made a decision on my case on 28th January, 2019 and it was rejected. I got informed by the immigration consultant about this after a month from when this letter was issued (i.e. on 28th February, 2019). I need to leave the country but I have to do take care of some personal business in the month of March so I wanna stay till end of March. I have booked my flight for 26th March. Any ideas if it is ok?

I talked to the same immigration guy he said you can apply for restoration of status withing 90 days of the issue of that letter, if you wanna extend your stay (or you can leave in this 90 day period). I want to go back and file for my immigration via express entry. Any ideas if my stay beyond 28th Jan would be an issue for my application later on?

Please share if anyone has similar experiences.

Best!
Gavin

 

[scylla]

Hello All,

I came to Canada on 6th June, 2018 so my visitor status was expiring on 6th December, 2018. I have filed for my extension through a consultant on 29th November, 2019 (7 days before status expiration). The CIC made a decision on my case on 28th January, 2019 and it was rejected. I got informed by the immigration consultant about this after a month from when this letter was issued (i.e. on 28th February, 2019). I need to leave the country but I have to do take care of some personal business in the month of March so I wanna stay till end of March. I have booked my flight for 26th March. Any ideas if it is ok?

I talked to the same immigration guy he said you can apply for restoration of status withing 90 days of the issue of that letter, if you wanna extend your stay (or you can leave in this 90 day period). I want to go back and file for my immigration via express entry. Any ideas if my stay beyond 28th Jan would be an issue for my application later on?

Please share if anyone has similar experiences.

Best!
Gavin

You should leave sooner to ensure you don't have issues visiting Canada in the future. The general rule is that you should leave within 30 days of receiving the refusal. End of March is very late. It would be best to leave within the next week.

 

[scylla]

BTW - your consultant sucks. Don't hire him/her again.

 

[canuck78]

You are currently overstaying since you're given 30 days to leave. Not sure why you came to Canada for 6 months after you got divorced in the US but you shouldn't have a ton of stuff to organize.

 

[Bryanna]

Hello All,

I came to Canada on 6th June, 2018 so my visitor status was expiring on 6th December, 2018. I have filed for my extension through a consultant on 29th November, 2019 (7 days before status expiration). The CIC made a decision on my case on 28th January, 2019 and it was rejected. I got informed by the immigration consultant about this after a month from when this letter was issued (i.e. on 28th February, 2019). I need to leave the country but I have to do take care of some personal business in the month of March so I wanna stay till end of March. I have booked my flight for 26th March. Any ideas if it is ok?

I talked to the same immigration guy he said you can apply for restoration of status withing 90 days of the issue of that letter, if you wanna extend your stay (or you can leave in this 90 day period). I want to go back and file for my immigration via express entry. Any ideas if my stay beyond 28th Jan would be an issue for my application later on?

Please share if anyone has similar experiences.

Best!
Gavin

On a different note, I just saw your other thread/post.
1. You are risking a 5-years' ban for misrepresentation if you follow through with the advice given to you by the immigration lawyers you have consulted.

2. As your wife is a US citizen + US/Canada share immigration data, it is very easy for IRCC to contact your wife.... unlike the 'you-don't-know-her-whereabouts" affidavit that you have been told to submit.

3. Your marital status is married unless you get a decree of divorce issued by a competent court in the US or India.

As you married when you were living in the US, the US courts have the legal jurisdiction to hear the merits of your divorce case. This means you can file for divorce in the US. Your divorce decree will be legally recognized in Canada and India.

4. Even if you did not have a wedding ceremony in India, your marriage is legally valid in India.

5. A false affidavit stating that you have filed for divorce will likely result in a ban for misrepresentation from IRCC.

6. For your marriage: You may want to file for divorce in a court in India (not an affidavit issued by some unscrupulous 'lawyer').... serve the summons on your wife in the US.... and then be granted a legally valid divorce decree. There are no shortcuts

 

[Gavin Singh]

On a different note, I just saw your other thread/post.
1. You are risking a 5-years' ban for misrepresentation if you follow through with the advice given to you by the immigration lawyers you have consulted.

2. As your wife is a US citizen + US/Canada share immigration data, it is very easy for IRCC to contact your wife.... unlike the 'you-don't-know-her-whereabouts" affidavit that you have been told to submit.

3. Your marital status is married unless you get a decree of divorce issued by a competent court in the US or India.

As you married when you were living in the US, the US courts have the legal jurisdiction to hear the merits of your divorce case. This means you can file for divorce in the US. Your divorce decree will be legally recognized in Canada and India.

4. Even if you did not have a wedding ceremony in India, your marriage is legally valid in India.

5. A false affidavit stating that you have filed for divorce will likely result in a ban for misrepresentation from IRCC.

6. For your marriage: You may want to file for divorce in a court in India (not an affidavit issued by some unscrupulous 'lawyer').... serve the summons on your wife in the US.... and then be granted a legally valid divorce decree. There are no shortcuts

What I had been told was that they will file some kind of document stating that we do not live together (and file the case if non-accompanying spouse category) and if IRCC requires further proof then I may have to hire a family lawyer to file a divorce and that will serve as a proof of legal separation. I will look into the option if I can file the divorce from US, even though I am not living there anymore. Thanks for your suggestion! And honestly, I or my family have no idea where my wife is and do not have any common contact that can facilitate it. It is very complicated. I hope there would be some way to find and summon her through court.

And regarding my extension issue. I just came to know about the rejection issue last week. I have no idea if the other lawyer who filed extension forgot to tell me on time or he received the letter so late, but anyways he doesn't loose anything in process but I am at risk. What should I do in that case? Any suggestions? As many folks have commented here that I have overstayed, so how I can go back without complicating things for my future?

Thanks!

 

[Gavin Singh]

BTW - your consultant sucks. Don't hire him/her again.

Yes, that guy sucks I guess. I do not know how he was an immigration officer for couple of years. Biggest problem I am facing here in Canada is how to figure out who is legitimate. Most immigration agents/ consultants are themselves not very confident and they most of them want you to sign a contract with them and then they will start their work. They do not tell their clients that what route they will take and do not like to explain things in detail. Which I found is very fishy.

 

[Gavin Singh]

You are currently overstaying since you're given 30 days to leave. Not sure why you came to Canada for 6 months after you got divorced in the US but you shouldn't have a ton of stuff to organize.

I am not divorced yet, just separated. I came to see if I can find a job related to my experience and can get a work permit issued. Wasted a lot of time here and learnt ultimately that system is very different here. Companies get immigration agents involved and than they charge very high amounts for getting permits (win win for both parties). I couldn't understand the whole scene here so left that idea of work permit. No connections or references or good profiles matter.

As I cannot afford to pay many grands for getting a job I am now thinking about filing my immigration. Should I file for restoration of status and then leave? What can be the safe way?

 

[scylla]

I am not divorced yet, just separated. I came to see if I can find a job related to my experience and can get a work permit issued. Wasted a lot of time here and learnt ultimately that system is very different here. Companies get immigration agents involved and than they charge very high amounts for getting permits (win win for both parties). I couldn't understand the whole scene here so left that idea of work permit. No connections or references or good profiles matter.

As I cannot afford to pay many grands for getting a job I am now thinking about filing my immigration. Should I file for restoration of status and then leave? What can be the safe way?

I would recommend that you simply leave within a week or two rather than applying to restore your status. If you really need to stay until the end of March, then I would apply for restoration now.

FYI - You don't pay several thousand for a job. Anyone offering that is most likely scamming you. Jobs are extremely hard to find because employers aren't willing to go through the trouble / expense of hiring a foreign worker (i.e. LMIA process). However in terms of costs to you, all is should be is the work permit fee (which is very low) and any PCC/medical costs required.

 

[Bryanna]

What I had been told was that they will file some kind of document stating that we do not live together (and file the case if non-accompanying spouse category)

Your lawyers were referring to a simple affidavit. However, this type of an affidavit is not a legally valid document per se.

and if IRCC requires further proof then I may have to hire a family lawyer to file a divorce and that will serve as a proof of legal separation.

You need to speak with an experienced lawyer in Family Law matters.


In India, you have the option to:
1. File for a divorce (either mutual consent which may not be possible in your case.... or a contested divorce which could take years to get a decree if your wife is not willing to divorce you), or else


2. You can file for Judicial Separation. Do include this decree of Judicial Separation in your EE PR application + an affidavit stating that you will never apply to sponsor your wife under the Family Class.

Note: Only a competent Family Court in India can grant a judicial separation decree, not a lawyer.

I will look into the option if I can file the divorce from US, even though I am not living there anymore. Thanks for your suggestion!

You may probably not meet the legal residency requirements for filing a divorce in the US i.e. prior to filing the divorce action and then waiting for a decision/divorce decree. Nonetheless, do speak with a competent lawyer.

And honestly, I or my family have no idea where my wife is and do not have any common contact that can facilitate it. It is very complicated. I hope there would be some way to find and summon her through court.

Try social media.... or US people search.... or US public records.... or her last known workplace.

It will be necessary to locate your wife at the earliest. Your divorce case will not proceed without serving the court summons on her.

And regarding my extension issue. I just came to know about the rejection issue last week. I have no idea if the other lawyer who filed extension forgot to tell me on time or he received the letter so late, but anyways he doesn't loose anything in process but I am at risk. What should I do in that case? Any suggestions? As many folks have commented here that I have overstayed, so how I can go back without complicating things for my future?

It's best to follow through with the advice that scylla has given you