Visitor extension refused, will I get deported?

[AlexZ92]

I received this today:


is letter refers to your application for a visitor record.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act.

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.
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.

I’m about to apply for PR but probably have to wait till November since I will have all the documents to demonstrate that I’ve been living as a common-law with my partner for at least 1 year (ita a joint bank account we opened on November 2019).

what should I do? Will I get deported? Should I wait until November to apply for PR or apply right now?
My partner and I have been living together since January 2018 but don’t have much documents that can prove that we’ve been living together, that’s why I applies for a visitor extension, so I could have more time to gather documents.

I’m so scared, will they come for me?

 

[Smd91_]

I received this today:


is letter refers to your application for a visitor record.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act.

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.
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.

I’m about to apply for PR but probably have to wait till November since I will have all the documents to demonstrate that I’ve been living as a common-law with my partner for at least 1 year (ita a joint bank account we opened on November 2019).

what should I do? Will I get deported? Should I wait until November to apply for PR or apply right now?
My partner and I have been living together since January 2018 but don’t have much documents that can prove that we’ve been living together, that’s why I applies for a visitor extension, so I could have more time to gather documents.

I’m so scared, will they come for me?

When did your visit visa expire?

 

[Islander216]

What is your partner's status in Canada?

Can he sponsor you for PR?

 

[AlexZ92]

When did your visit visa expire?

april 20 is when it expired, I applied for extension in March

 

[AlexZ92]

What is your partner's status in Canada?

Can he sponsor you for PR?

yes she can, she’s a Canadian citizen

 

[scylla]

yes she can, she’s a Canadian citizen

Your only option at this point is to apply to restore your status stating that you are working on getting a common law application together. If restoration is also refused, then you would be best to leave.

It looks like you've been in Canada since 2018. I expect IRCC has refused you since you've now been here too long as a visitor without filing some kind of application to remain permanently.

 

[AlexZ92]

Your only option at this point is to apply to restore your status stating that you are working on getting a common law application together. If restoration is also refused, then you would be best to leave.

It looks like you've been in Canada since 2018. I expect IRCC has refused you since you've now been here too long as a visitor without filing some kind of application to remain permanently.

if restoration is refused, would I still be able to apply for PR? I was reading an article saying that even with a removal order it’s still possible to apply. Is it true?

 

[Islander216]

yes she can, she’s a Canadian citizen

Then that's what you should do, it's easier for her to do that than for you to qualify yourself.

if restoration is refused, leave before the deadline and you can still apply for PR.

 

[AlexZ92]

Then that's what you should do, it's easier for her to do that than for you to qualify yourself.

Yes that was our plan all along, I’ve had some issues with requesting documents (crim checks and birth certificate) from my country of origin because of COVID, I even explained that on my extension application.

 

[AlexZ92]

Then that's what you should do, it's easier for her to do that than for you to qualify yourself.

if restoration is refused, leave before the deadline and you can still apply for PR.

What if I don’t leave before the deadline? I heard I can still apply for PR while on a removal order

 

[scylla]

What if I don’t leave before the deadline? I heard I can still apply for PR while on a removal order

You can. Howeve submitting a PR application won't stop a removal order from being executed (if CBSA decides to do that and remove you). That's the risk you run. If you are removed and have an inland application in progress, you would have to apply again from scratch as outland and start the processing from scratch. If you are in the position where you have to apply after restoration has been refused, consider submitting an outland application.

 

[Islander216]

What if I don’t leave before the deadline? I heard I can still apply for PR while on a removal order

You're taking a big risk by doing that, if you are subject to a deportation order, you will need an ARC to return to Canada, and the process becomes more complicated.

Having to complete an outland sponsorship application is not the end of the world, it will just take a bit of time.

 

[AlexZ92]

You're taking a big risk by doing that, if you are subject to a deportation order, you will need an ARC to return to Canada, and the process becomes more complicated.

Having to complete an outland sponsorship application is not the end of the world, it will just take a bit of time.

You can. Howeve submitting a PR application won't stop a removal order from being executed (if CBSA decides to do that and remove you). That's the risk you run. If you are removed and have an inland application in progress, you would have to apply again from scratch as outland and start the processing from scratch. If you are in the position where you have to apply after restoration has been refused, consider submitting an outland application.

ok so, how much time do I have to submit a restoration of status?

Is the Outland application much different than inland?

the problem I have is that I can’t apply for PR until I have proof of a joint bank account that’s at least 1 year old (it’ll be in November). This is to meet the requirement, I would apply now but I’m taking the risk of the PR application being refused.

I could lay low for awhile, it’s unfortunate but I’d be willing to do that, if it’s what it takes. I just wanna be with my partner.

 

[scylla]

ok so, how much time do I have to submit a restoration of status?

Is the Outland application much different than inland?

the problem I have is that I can’t apply for PR until I have proof of a joint bank account that’s at least 1 year old (it’ll be in November). This is to meet the requirement, I would apply now but I’m taking the risk of the PR application being refused.

I could lay low for awhile, it’s unfortunate but I’d be willing to do that, if it’s what it takes. I just wanna be with my partner.

You have 90 days to apply for restoration from the time your application was refused. I would strongly recommend NOT waiting. Apply as soon as you can. Waiting can rub IRCC officers the wrong way since it can look like you're looking to further circumvent the rules. Provide a letter explaining that you are working towards common law and that you need until November to have enough evidence to apply. Have your partner write a letter stating they are financially supporting you and also have your parnter include their bank account statement and also provide proof of income (e.g. employment letter, pay stubs). Include your own bank statement with any savings.

If at all possible, you want to avoid being out of status when you apply. Being out of status typically results in longer processing times (sometimes much longer) and can cause IRCC to look at your application much more closely to ensure it isn't just a relationship of convenience (i.e. you're looking for any possible way to remain in Canada). Being out of status also increases your chances that the PR application will be refused. It's not a good path and you should try to avoid it.

Outland and inland applications aren't very different.

 

[AlexZ92]

You have 90 days to apply for restoration from the time your application was refused. I would strongly recommend NOT waiting. Apply as soon as you can. Waiting can rub IRCC officers the wrong way since it can look like you're looking to further circumvent the rules. Provide a letter explaining that you are working towards common law and that you need until November to have enough evidence to apply. Have your partner write a letter stating they are financially supporting you and also have your parnter include their bank account statement and also provide proof of income (e.g. employment letter, pay stubs). Include your own bank statement with any savings.

If at all possible, you want to avoid being out of status when you apply. Being out of status typically results in longer processing times (sometimes much longer) and can cause IRCC to look at your application much more closely to ensure it isn't just a relationship of convenience (i.e. you're looking for any possible way to remain in Canada). Being out of status also increases your chances that the PR application will be refused. It's not a good path and you should try to avoid it.

Outland and inland applications aren't very different.

I understand, thank you for being so clear and helpful.
Can I do my physical exam in Canada while applying Outland? What about the interview?