Visitor Record Refusal/ Restoration and PR application

[Yamiyami]

Hello CANADA VISA friends!! I need help....any information would help. Thank you!

Today, I found out that my visitor record extension was refused(Extension Submitted on Sep.7, 2021 and Visitor Record expired on Sep.8, 2021). This decision was made on Jan.13, 2022. Therefore, I got no status at this moment.

I have been preparing my PR application(Common-Law) for last 5-6 months and was getting ready to submit by next week. I was kinda going through my application paperwork to finalize and double check if I have everything I need. Since I was waiting to receive the result of my extension of my visitor record, I attached the screenshot of my application status to my PR application to show my implied status. But, I decided to check the latest status before submitting the package and found out that my extension is REFUSED. SHOCKED.

However, I have been requested to extend my visitor record many times over last 5 years or so I could see this might happen at some point. This is very bad timing because I was just about to send out my PR application.
According to the refusal letter, I must leave IMMIDIATELY. I totally PANICED. Thank you to this website, I learned that there is an application to "restore your status".
"if it’s been less than 90 days since your visitor status expired, you can apply to restore it. "(from CIC website)

My question is that;

1. What is my next step?? Do I just need to start with restoring my visitor status??
2. After I applied for restoration of visitor record, can I submit PR application while waiting for the result of the restoration??
3. In that case, what should I attach for the "proof of residence" on PR application??

I always appreciate any information and advice that related to my situation. Thank you so so so much for your time.

Take care,

 

[scylla]

Hello CANADA VISA friends!! I need help....any information would help. Thank you!

Today, I found out that my visitor record extension was refused(Extension Submitted on Sep.7, 2021 and Visitor Record expired on Sep.8, 2021). This decision was made on Jan.13, 2022. Therefore, I got no status at this moment.

I have been preparing my PR application(Common-Law) for last 5-6 months and was getting ready to submit by next week. I was kinda going through my application paperwork to finalize and double check if I have everything I need. Since I was waiting to receive the result of my extension of my visitor record, I attached the screenshot of my application status to my PR application to show my implied status. But, I decided to check the latest status before submitting the package and found out that my extension is REFUSED. SHOCKED.

However, I have been requested to extend my visitor record many times over last 5 years or so I could see this might happen at some point. This is very bad timing because I was just about to send out my PR application.
According to the refusal letter, I must leave IMMIDIATELY. I totally PANICED. Thank you to this website, I learned that there is an application to "restore your status".
"if it’s been less than 90 days since your visitor status expired, you can apply to restore it. "(from CIC website)

My question is that;

1. What is my next step?? Do I just need to start with restoring my visitor status??
2. After I applied for restoration of visitor record, can I submit PR application while waiting for the result of the restoration??
3. In that case, what should I attach for the "proof of residence" on PR application??

I always appreciate any information and advice that related to my situation. Thank you so so so much for your time.

Take care,

Can you confirm that you've been in Canada for the past 5 years on visitor status? Or was part of that five years spent on a different status like studend or worker?

If the five years was all as a visitor, I might be tempted to submit an outland application in case you're made to leave.

Can you provide your full history in Canada? Bit of a tricky situation potentially...

 

[Yamiyami]

Can you confirm that you've been in Canada for the past 5 years on visitor status? Or was part of that five years spent on a different status like studend or worker?

If the five years was all as a visitor, I might be tempted to submit an outland application in case you're made to leave.

Can you provide your full history in Canada? Bit of a tricky situation potentially...

Thank you so much for your reply!! I arrived Toronto in Dec. 2016(with my Canadian Citizen daughter). Then I left Toronto on June 2017(before 6month of stay) and came back on Aug. 2017. So after 6month(around Feb.2018) I applied for visitor extension and I got one year till Feb 2019. I also extended after one year on Feb. 2019 and CIC gave me another year till Mar. 2020. Since I was waiting my partner's divorce to finalize before we start our application, I had to extend many times.... after Mar, 2020 I extended again and one more year till Mar. 2021. Since we were not quite ready with all the paper to file our PR application before the last visitor expires, I extended once again on Mar. 2021 then they gave me 6 months till Sep. 2021. At this point we started to rush because they shorten my stay on the latest one. When this latest extension arrived in mail in July 2021, I quickly applied for another extension because we were going to send in the PR application. I totally understand that I and partner should have filed this PR application sooner but it took a lot longer than we expected.....


And as you said I am planning to apply outland..... I got 2 kids with me and I really do not want to leave them here to leave Canada.....

Should I contact immigration specialist like consultant or lawyer...???

Thank you so much for your help!!

 

[scylla]

Thank you so much for your reply!! I arrived Toronto in Dec. 2016(with my Canadian Citizen daughter). Then I left Toronto on June 2017(before 6month of stay) and came back on Aug. 2017. So after 6month(around Feb.2018) I applied for visitor extension and I got one year till Feb 2019. I also extended after one year on Feb. 2019 and CIC gave me another year till Mar. 2020. Since I was waiting my partner's divorce to finalize before we start our application, I had to extend many times.... after Mar, 2020 I extended again and one more year till Mar. 2021. Since we were not quite ready with all the paper to file our PR application before the last visitor expires, I extended once again on Mar. 2021 then they gave me 6 months till Sep. 2021. At this point we started to rush because they shorten my stay on the latest one. When this latest extension arrived in mail in July 2021, I quickly applied for another extension because we were going to send in the PR application. I totally understand that I and partner should have filed this PR application sooner but it took a lot longer than we expected.....


And as you said I am planning to apply outland..... I got 2 kids with me and I really do not want to leave them here to leave Canada.....

Should I contact immigration specialist like consultant or lawyer...???

Thank you so much for your help!!

I think applying outland is the right decision since restoration could be refused and you may have to leave.

There was no need for you to wait for your partner's divorce to be finalized to apply. You could have applied as common law as soon as you had lived together for a year continuously. You could have applied years ago based on the info above. IRCC tends to get impatient once something like this has been put off for too long.

Normally I'm a fan of doing it yourself. But it your case it may be a good idea to hire a lawyer.

 

[Yamiyami]

scylla, thank you again.

Ok I will apply thru Outland.

When my husband was in a process of divorce, I talked to one of the immigration consultant and she told me that I have to wait till he get divorce and cohabitate for one year after. So obviously I waited too long to do this and I called this situation myself. My bad. I understand that IRCC wouldn't put up with this situation so long.

I was going to do it my own from restoration of the visitor record and applying the PR. Do you think it is not a good move?? Thank you.

 

[scylla]

scylla, thank you again.

Ok I will apply thru Outland.

When my husband was in a process of divorce, I talked to one of the immigration consultant and she told me that I have to wait till he get divorce and cohabitate for one year after. So obviously I waited too long to do this and I called this situation myself. My bad. I understand that IRCC wouldn't put up with this situation so long.

I was going to do it my own from restoration of the visitor record and applying the PR. Do you think it is not a good move?? Thank you.

The consultant was wrong. You could have applied and should have applied as soon as you were common law.

You can certainly do it yourself if you feel comfortable. I would personally get the spousal sponsorship application in asap (like this week) and then apply to restore your status after the spousal sponsorship application has been submitted. At this point you need some hard evidence to show you really plan on going through with the sponsorship. You've extended your status multiple times without getting this done and that's why IRCC has refused the extension. Make it the highest priority possible to get the sponsorship application in immediately. Good luck.

 

[Yamiyami]

I really appreciate your honest advice!!!!!

I will definitely send the spousal support asap before this month ends. Then apply to restore my visitor status. Here is last question. In the spousal support application, it requires to attach a proof of current status. If I don't apply to restore the visitor prior to the spousal application, do I just attach the refusal letter and explain that I am going to apply for restoration?? Is that good enough?

Thank you again!!

 

[HeyPao]

Can you confirm that you've been in Canada for the past 5 years on visitor status? Or was part of that five years spent on a different status like studend or worker?

If the five years was all as a visitor, I might be tempted to submit an outland application in case you're made to leave.

Can you provide your full history in Canada? Bit of a tricky situation potentially...

Hi! I’m gonna piggyback here. I’m kinda in the same situation and I haven’t found any info yet, so that’s why im here asking. My sponsorship was received in April 2021 and I accidentally went out of status on December 31 and totally forgot to made an extension, by this time, this would be like my 6th extension or something like that? I’ve done too many and well this time I forgot, I realized like a week later and quickly sent a restoration of status form paid and ever since January I have been waiting with no response yet.

fast forward my PR I think it’s been accepted since I received an email from IRCC that invites me to the pr portal, but im still out of status, so my actual question is, can I still receive my PR if I haven’t received my restoration of status yet? I’m freaking out, my restoration of status still being reviewed because I haven’t gotten an answer so idk what will happen with my PR.

 

[HeyPao]

Hi! I’m gonna piggyback here. I’m kinda in the same situation and I haven’t found any info yet, so that’s why im here asking. My sponsorship was received in April 2021 and I accidentally went out of status on December 31 and totally forgot to made an extension, by this time, this would be like my 6th extension or something like that? I’ve done too many and well this time I forgot, I realized like a week later and quickly sent a restoration of status form paid and ever since January I have been waiting with no response yet.

fast forward my PR I think it’s been accepted since I received an email from IRCC that invites me to the pr portal, but im still out of status, so my actual question is, can I still receive my PR if I haven’t received my restoration of status yet? I’m freaking out, my restoration of status still being reviewed because I haven’t gotten an answer so idk what will happen with my PR.

by the way, during these years of doing extensions I have sent my sponsorship package at least 3 times and getting it back because a signature or a document was missing but finally got in in April.