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Year long extension rejected (For permanant residency). Wait just before 90 days to submit appeal?

Dellace

Full Member
Jan 8, 2019
38
1
For clarification, my request to extend visitor status has been denied. I am out of status.

I need to maximize the time i can stay in Canada before my spousal sponsorship application gets approved. Would it be unwise to wait 85 days before submitting my applications? My refusal letter has a stern *Leave now!* message

"You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

It expired February 13th. Based on advise I've seen around, i have a 90 day grace period from that date to submit an appeal. Is this advice mistaken?
 
Last edited:

Buletruck

VIP Member
May 18, 2015
6,878
2,711
There’s no appeal. Failure to leave soon could result in you deportation, particularly given the wording. There is , however, no requirement to be in status for a spousal sponsorship.

You pays your money, you takes your chances.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I need to maximize the time i can stay in Canada before my spousal sponsorship application gets approved. Would it be unwise to wait 85 days before submitting my applications? My refusal letter has a stern *Leave now!* message

"You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

It expired February 13th. Based on advise I've seen around, i have a 90 day grace period from that date to submit an appeal. Is this advice mistaken?
Apply for Restoration now. Don't wait.
 

Dellace

Full Member
Jan 8, 2019
38
1
There’s no appeal. Failure to leave soon could result in you deportation, particularly given the wording. There is , however, no requirement to be in status for a spousal sponsorship.

You pays your money, you takes your chances.
I hope that being out of status or having an "over stay" record doesn't impact my PR application! But in the mean time, my appeal letter should at least give me time to sort out my depressing exit strategy from Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I hope that being out of status or having an "over stay" record doesn't impact my PR application! But in the mean time, my appeal letter should at least give me time to sort out my depressing exit strategy from Canada.
It won't affect a PR app.

It isn't an appeal.
 

scylla

VIP Member
Jun 8, 2010
95,856
22,115
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
For clarification, my request to extend visitor status has been denied. I am out of status.

I need to maximize the time i can stay in Canada before my spousal sponsorship application gets approved. Would it be unwise to wait 85 days before submitting my applications? My refusal letter has a stern *Leave now!* message

"You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

It expired February 13th. Based on advise I've seen around, i have a 90 day grace period from that date to submit an appeal. Is this advice mistaken?
You were already told in another thread to submit the restoration application as soon as possible. Suggest you not ignore this advice like you ignored open work permit advice.

Yes - you have 90 days to submit the restoration application from the time you were refused. Waiting until the 90 days are close to over is a bad idea and will reduce the chances of success. If you wait until the 90 days are almost over, this will likely make it look to IRCC like you are trying to game the system as much as possible and remain in Canada as long as you can before you are absolutely forced to leave. IMO this will lower your chances of the restoration application being approved.

Once again, get the restoration application in as soon as you can. Make sure it's a strong application that demonstrates you've applied for PR and have the funds to remain in Canada without working. Submitting the application early gives you the best chance of having your situation turn out positively.
 

Dellace

Full Member
Jan 8, 2019
38
1
You were already told in another thread to submit the restoration application as soon as possible. Suggest you not ignore this advice like you ignored open work permit advice.

Yes - you have 90 days to submit the restoration application from the time you were refused. Waiting until the 90 days are close to over is a bad idea and will reduce the chances of success. If you wait until the 90 days are almost over, this will likely make it look to IRCC like you are trying to game the system as much as possible and remain in Canada as long as you can before you are absolutely forced to leave. IMO this will lower your chances of the restoration application being approved.

Once again, get the restoration application in as soon as you can. Make sure it's a strong application that demonstrates you've applied for PR and have the funds to remain in Canada without working. Submitting the application early gives you the best chance of having your situation turn out positively.
I don't intent to ignore advice. Most of my bungles come from misunderstandings on my part. Thanks to everyone for the advice.