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visa extention refused with 'leave Canada immediately' statment

fahad01

Full Member
Nov 5, 2019
34
1
Hi
my visitor visa expired on 7/4/2020
I applied for visitor visa extention on 13/1/2020 to write pharmacy exam
I received a refusal letter today because of many reasons (I guess I didn't provide enough documents to prove that I'll leave Canada after my visa extention expires, etc).
In my letter it says:

''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''

my questions are:

1- I'm I eligible to apply for restoration?
2- If yes, how long is the allowed time to apply? 90 days?
3- If not, is there any way to stay longer legally at least to write my exam on the 26th of June 2020?
4- If I have to leave Canada, what is the allowed time to do so?

Thank you very much
 
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canuck78

VIP Member
Jun 18, 2017
55,632
13,535
Hi
my visitor visa expired on 7/4/2020
I applied for visitor visa extention on 13/1/2020 to write pharmacy exam
I received a refusal letter today because of many reasons (I guess I didn't provide enough documents to prove that I'll leave Canada after my visa extention expires, etc).
In my letter it says:

''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''

my questions are:

1- I'm I eligible to apply for restoration?
2- If yes, how long is the allowed time to apply? 90 days?
3- If not, is there any way to stay longer legally at least to write my exam on the 26th of June 2020?
4- If I have to leave Canada, what is the allowed time to do so?

Thank you very much
How long have you been in Canada? You are not just coming to Canada to write the exam you have been in Canada for months which is the big issue. You have 30 days to leave.
 

fahad01

Full Member
Nov 5, 2019
34
1
I entered Canada 19/9/2019
I came here to write my exam and study with my friend
How long have you been in Canada? You are not just coming to Canada to write the exam you have been in Canada for months which is the big issue. You have 30 days to leave.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi
my visitor visa expired on 7/4/2020
I applied for visitor visa extention on 13/1/2020 to write pharmacy exam
I received a refusal letter today because of many reasons (I guess I didn't provide enough documents to prove that I'll leave Canada after my visa extention expires, etc).
In my letter it says:

''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''

my questions are:

1- I'm I eligible to apply for restoration?
2- If yes, how long is the allowed time to apply? 90 days?
3- If not, is there any way to stay longer legally at least to write my exam on the 26th of June 2020?
4- If I have to leave Canada, what is the allowed time to do so?

Thank you very much
Hindsight but you really shouldn't have applied for the extension until the end of March.

1. Did the letter give a date for the expiry of your status? If it's the date of the refusal, you can apply for Restoration.

2. If you apply for Restoration, you are allowed to stay while waiting for an answer but will not have status during the wait.

3. At this point, not legally.

4. There is no set time. People generally say up to 30 days but it should be as soon as possible.
 

fahad01

Full Member
Nov 5, 2019
34
1
Hindsight but you really shouldn't have applied for the extension until the end of March.

1. Did the letter give a date for the expiry of your status? If it's the date of the refusal, you can apply for Restoration.

2. If you apply for Restoration, you are allowed to stay while waiting for an answer but will not have status during the wait.

3. At this point, not legally.

4. There is no set time. People generally say up to 30 days but it should be as soon as possible.
I know I wanted to apply for it and get it done to be able to study.

1- there is only one date on the letter which is the date of the letter in the top left corner.

2- how do I know that I am allowed to apply for restoration? because it doesn't say in the letter that I can do so.

3- what if there is no flights to my country becasue of COVID19, will that change the situation by any chance?

If the restoration got refused, will that make my situation more difficult to get accepted with other visas in the future?

thank you very much for the reply
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I know I wanted to apply for it and get it done to be able to study.

1- there is only one date on the letter which is the date of the letter in the top left corner.

2- how do I know that I am allowed to apply for restoration? because it doesn't say in the letter that I can do so.

3- what if there is no flights to my country becasue of COVID19, will that change the situation by any chance?

If the restoration got refused, will that make my situation more difficult to get accepted with other visas in the future?

thank you very much for the reply
If it didn't state a date, you can apply for Restoration.

If there are no flights, you can't travel but that doesn't change your status situation.

Yes, the longer you stay in Canada without status, the harder it will be for future apps.
 

fahad01

Full Member
Nov 5, 2019
34
1
If it didn't state a date, you can apply for Restoration.

If there are no flights, you can't travel but that doesn't change your status situation.

Yes, the longer you stay in Canada without status, the harder it will be for future apps.
so the question is, can I wait just before 90 days from today to apply for restoration to buy time or should I apply ASAP?

thanks
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
both are same anyway in your situation its better to seek legal advice. don't risk your visa in such a complicated situation. hire a lawyer not an immigration agent but a lawyer.
You really need to stop pointlessly telling people to get a lawyer. OP's situation isn't complicated.
 
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21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
so the question is, can I wait just before 90 days from today to apply for restoration to buy time or should I apply ASAP?

thanks
You are already out of status and have been since 7th April. You need to apply ASAP for restoration. So there's no "buying time" here.
 
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Bs65

VIP Member
Mar 22, 2016
13,187
2,420
I entered Canada 19/9/2019
I came here to write my exam and study with my friend
So nobody else has flagged so maybe I will mention it but you have been in Canada since 9/2019 and in this post you mention both exam and study. Assume by study you maybe do not mean attending a college but self study as a visitor given if attendance study you should be careful that this does not exceed 6 months else you would have needed a study permit.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/study-permit-tool.html
 

canuck78

VIP Member
Jun 18, 2017
55,632
13,535
thanks very much
although canuck78 said that I cannot do so in the above reply!!
Didn’t say you can’t apply. It is essentially playing the system unless you are adding new information and are buying time before being refused again. As previous said playing the system isn’t viewed kindly. Staying in Canada since September is not considered necessary to write a test. You will have essentially been living in Canada for almost a year which is extremely unusual for someone coming into Canada to write the PEBCs.
 
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fahad01

Full Member
Nov 5, 2019
34
1
is the order to leave Canada immediately in my letter considered as an essential travel?
because I can use that for my advantage in my restoration application if I can't leave the country due to the current travel restrictions.