Chances of restoration of visitor visa after extension rejected

[kmychan]

Hi,

I just received a rejection letter for my partner's visitor visa extension. For some reason we never receive the emails in our personal email accounts or through the post.

1. I wanted to ask what are the chances of restoration after the rejection of his extension? I have heard it's pretty slim, I want to get some opinions from others who may have been in the same situation or know of people who were in this situation. Also, we are applying for restoration so that he doesn't have a negative record in Canada and as soon as he has flights where he can go back home he will do so (he is from China).

2. If the restoration comes during that time where he has left the country what will happen?

3. Also, I am thinking of applying outland common law will he need to get his criminal record check here in Canada (he's been here for more than 6 months)? If yes, will him being out of status be an issue while getting a criminal record check?

Thank you in advance. This is such a tough situation.

 

[scylla]

Hi,

I just received a rejection letter for my partner's visitor visa extension. For some reason we never receive the emails in our personal email accounts or through the post.

1. I wanted to ask what are the chances of restoration after the rejection of his extension? I have heard it's pretty slim, I want to get some opinions from others who may have been in the same situation or know of people who were in this situation. Also, we are apply for restoration so that he doesn't have a negative record in Canada and as soon as he has flights where he can go back home he will do so (he is from China).

2. If the restoration comes during that time where he has left the country what will happen?

3. Also, I am thinking of applying outland common law will he need to get his criminal record check here in Canada (he's been here for more than 6 months)? If yes, will him being out of status be an issue while getting a criminal record check?

Thank you in advance. This is such a tough situation.

1. The chances aren't necessarily slim. Plenty of people are approved. A lot depends on your personal details and circumstances and the reasons why you are requesting restoration. It's pretty difficult to guess chances without much background information.
2. If he leaves Canada this cancels the restoration application. You must be in Canada for restoration to be approved. It doesn't make sense to apply for restoration if he plans to leave.
3. You don't need a Canadian crimical record check to apply for PR.

 

[kmychan]

@scylla thank you for your help. There is a question on the immigration application that says 11. have you been ordered to leave Canada? will this count as yes because his visitor visa extension was denied. The letter is pretty generic:



In reaching a decision, an officer considers several factors, which include the applicant’s:

1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.

After considering all the circumstances of your case, I am not satisfied that you meet the requirements of the Act and Regulations.


[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

Will I have to check yes for question 11?

Also, where can I order gcms notes? Do you think this will be helpful?