Extension refused..

[Alexandrite79]

My husband's visitor extension was refused Feb 22 of this year. To make a very long story short. We have had quite a few extensions over the years.Ircc has been more than lenient.We got married in 2015.and I understand it's no excuse and we should have submitted much earlier In fact we submitted an application for PR ( family class) Feb 2018. It was returned as incomplete due to incorrect fee payment method. On that note we got everything refunded and was set to reapply again but unforseen circumstances had arisen and This went on for 3 years. Yes I know...We had ample enough time to apply again. We made a huge mistake and took for granted and expected another extension as we stated were finalizing our PR application.Then covid happened and we were not able to finalize. We could of can't anyway but we feared it would be returned again. Well all of this has come to a standstill now as he was refused and the letter stated that he had to leave Canada. I can't begin to tell you how scared and panicked we are. We are trying to restore his status asap. We were told by cic agent today that my husband has to restore his status. And the reason for the refusal was obvious. Too long in canada without a complete PR application . According to the agent he has until August of this year to restore status A longer period than the 90 day requirement. Please I'm asking anyone that can ease our minds with the stress of this. I'm scared they are going to come and take my husband away...positive advice only please.Should we apply for restoration first and then apply for PR? The problem is we don't have police or medical. Can we send a cover letter that we will send said documents asap ? Also what are the chances of cbsa paying a visit and removing my husband from Canada? I'm sick with worry and paranoid to no end with all of this. Absolutely terrified that this refusal will became a removal order...Please help

 

[frange]

You are already posted that on another thread.
In your case, a legal service would help.

 

[Alexandrite79]

Hi I'm sorry I accidentally posted multiple times. Hoping a moderator could remove the unneeded posts.
As far as legal advice. We can't afford a lawyer.

 

[frange]

Hi I'm sorry I accidentally posted multiple times. Hoping a moderator could remove the unneeded posts.
As far as legal advice. We can't afford a lawyer.

You are very scared for your husband.
1- If he is out of status, do the restoration process online. Put an explanation note about the delay, as well as your sponsorship package is ready and you just want a legal status for your husband before doing this. It's not common that CBSA deport someone with an ongoing application.

2-Send the sponsorship application afterwards even with or without extension ( based to immigration's decision).
A- With--- He will be entitled to an Open work permit, eventually Health care card and travel outside of Canada
B- Without---- They will process his sponsorship application but the delay will be longer than normal due to his illegal status. He will have any right until he gets AIP ( approval in principle); then he can have all the (A with) benefits except travel.

 

[canuck78]

Hi I'm sorry I accidentally posted multiple times. Hoping a moderator could remove the unneeded posts.
As far as legal advice. We can't afford a lawyer.

You should not be delaying your restoration until August. You have already been playing games with IRCC. You should be applying for restoration and applying for sponsorship asap.

 

[Alexandrite79]

I understand and may I add that I have not been playing games with Ircc. That was not our intention whatsoever. Unforseen Circumstances or ( SOB stories) would be more accurate. We will apply for restoration asap and sponsorship shortly after. I just need some peace of mind from anyone. It's almost 5 am where I am and I'm nauseated with worry. I have severe anxiety and just need some positive encouragement as I don't want to lose my husband...I pray to God we will get through this...

 

[Qwertypod]

I understand and may I add that I have not been playing games with Ircc. That was not our intention whatsoever. Unforseen Circumstances or ( SOB stories) would be more accurate. We will apply for restoration asap and sponsorship shortly after. I just need some peace of mind from anyone. It's almost 5 am where I am and I'm nauseated with worry. I have severe anxiety and just need some positive encouragement as I don't want to lose my husband...I pray to God we will get through this...

I'm not sure that anyone here can provide you with peace of mind, to be quite honest. It's a messy situation and you need to fix it asap. I can't imagine that it didn't ever cross your mind that his extension may be refused someday.. But either way, do not delay. Frange and Canuck are correct, IRCC is fully within their rights to deport him and you need to act now. Since the agent kindly gave you until August for restoration, you should be doing everything in your power to make that happen. Good luck.

 

[Alexandrite79]

It's by public policy that any foreign national that lost status can restore it by August. I'm not delaying until then. My husband has been out of status a little over 2 months.He has remained legal until then. He Never worked, abided by the law. myself and both our families have provided for him. There are people that have been illegal for many years. I'm not saying that justifies my husband but I need positive encouragement not scolding. We made a mistake

 

[scylla]

It's by public policy that any foreign national that lost status can restore it by August. I'm not delaying until then. My husband has been out of status a little over 2 months.He has remained legal until then. He Never worked, abided by the law. myself and both our families have provided for him. There are people that have been illegal for many years. I'm not saying that justifies my husband but I need positive encouragement not scolding. We made a mistake

- Apply to restore his status asap. Ideally he should have done this back in Feb. But nothing you can do about that now.
- Pay all of the fees related to the spousal sponsorship application now before your apply to restore his status. Include this fee payment as evidence in the restoration application as evidence that you are going to move forward with the spousal sponsorship application immediately.
- Submit the spousal sponsorship application as soon as you can after the restoration application is submitted.

 

[Alexandrite79]

I am applying for restoration asap and I already included all fee payments even with the current extension. It made no difference. Still refused. Please we are trying to make things right. Just scared that cbsa are on the way because of my husband's loss of status. Would they send a letter or just come to my home?

 

[Alexandrite79]

Basically has anyone heard of cbsa removing someone immediately after freshly losing their status.?

 

[Alexandrite79]

I only have this forum to cry to. I know there must be people on here that are going through the same thing or worse.

 

[scylla]

I am applying for restoration asap and I already included all fee payments even with the current extension. It made no difference. Still refused. Please we are trying to make things right. Just scared that cbsa are on the way because of my husband's loss of status. Would they send a letter or just come to my home?

When was the current extension originally submitted that was refused in Feb?

 

[scylla]

Basically has anyone heard of cbsa removing someone immediately after freshly losing their status.?

Generally this does not happen and I would say less so during the pandemic.

Having said that, none of us can say for certain and your situation is a bit unique given how long your husband has been here as a visitor.

 

[Alexandrite79]

It was submitted in July before his expiry in August. He was implied status until feb 22 when refusal letter was received.