BADLY NEED HELP GUYS!!! GOT REFUSE ON OPEN PERMIT plans to apply VISIT VISA.

[rosan1021]

hi guys

I really need help what will i do now, my wife and I have different work permits. Mine expires April and hers is July 2015. By february we applied her extension and I applied OPEN permit she gets her NOmination from a province anyway. Unfortunately it was refused because of some reason.

My refusal letter states that I need to stop work which I did and tells me to apply for restoration with in 90 days too. I am planning to apply a visit visa with in canada by paper,

my Question is
1. am I safe to be in canada within 90 days or should i apply right away?
2. My permanent resident aunt will provide me letter of support that I will stay with them and she will take care of expenses, is my wife illegible of that too? shes on WP still.


I will apply visit visa and wait for my wifes work permit extension so that I can apply open permit after she gets hers.

Any comments and suggestions please, Thank you

 

[Jalex23]

hi guys

I really need help what will i do now, my wife and I have different work permits. Mine expires April and hers is July 2015. By february we applied her extension and I applied OPEN permit she gets her NOmination from a province anyway. Unfortunately it was refused because of some reason.

My refusal letter states that I need to stop work which I did and tells me to apply for restoration with in 90 days too. I am planning to apply a visit visa with in canada by paper,

my Question is
1. am I safe to be in canada within 90 days or should i apply right away?
2. My permanent resident aunt will provide me letter of support that I will stay with them and she will take care of expenses, is my wife illegible of that too? shes on WP still.


I will apply visit visa and wait for my wifes work permit extension so that I can apply open permit after she gets hers.

Any comments and suggestions please, Thank you

By "visit visa" you mean "visitor status"? or you mean "TRV"?

What was the reason for refusal?

 

[rosan1021]

TRV i mean.. that we didnt provide a IMM 5802 form from employer its other way around the officer was confused.

so would u know what form we need to restore and apply as TRV too

 

[Jalex23]

TRV i mean.. that we didnt provide a IMM 5802 form from employer its other way around the officer was confused.

so would u know what form we need to restore and apply as TRV too

TRV? A TRV serves no purpose at this moment, you would still be without a status.

Please use the online tool, this will help you assess your options: http://www.cic.gc.ca/ctc-vac/getting-started.asp

 

[rosan1021]

Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or a Temporary Resident Permit Holder (IMM5708)


Supporting Documents
Proof of Means of Financial Support Instructions
Passport or travel document Instructions
Digital Photo Instructions


Thats our answer for online but we want to apply paper to make sure...


You may submit an application for any of, or a combination of the following services:

Extension of temporary resident status
Restoration of temporary resident status (due to loss of status as a visitor, student, worker)

so its that correct RESTORATION AND TRV (temporary resident status is the same?


IMM 5558 STATES Application to Change Conditions or Extend Your Stay in Canada as a Visitor

 

[Jalex23]

1. am I safe to be in canada within 90 days or should i apply right away?

Both. The 90 days are for giving you proper time to prepare a case and submit it as soon as possible. It is not to use it at your convenience.

2. My permanent resident aunt will provide me letter of support that I will stay with them and she will take care of expenses, is my wife illegible of that too? shes on WP still.

Both are eligible.

Thats our answer for online but we want to apply paper to make sure...

Its basically the same. Paper takes longer though.

You may submit an application for any of, or a combination of the following services:

Extension of temporary resident status
Restoration of temporary resident status (due to loss of status as a visitor, student, worker)

so its that correct RESTORATION AND TRV (temporary resident status is the same?


IMM 5558 STATES Application to Change Conditions or Extend Your Stay in Canada as a Visitor

I don't know how you are answering the online tool, but you stated in the OP that your WP expired in April so you are out of status as of today, therefore you can't "extend" a status because you don't have one. You need to apply for a "Restoration of status".

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

You DO NOT NEED A TRV unless you are from a country that requires TRVs AND you are planning to travel outside Canada.

 

[rosan1021]

thanks to you jalex23 i have some follow up questions though.....

I am applying restoration using 5708 form right? APPLICATION TO CHANGE CONDITION / EXTEND MY STAY OR REMAIN IN CANADA AS A VISITOR OR TEMPORARY RESIDENT HOLDER

coz i dont have a lmia or any documents to support for my stay anymore my company dont want to help me

in question 3 should i just click RESTORATION?

DETAILS OF VISIT TO CANADA
what should i put if my wife and aunt will pay all my fees to stay longer here, how long shoulf i put to stay?


i will just extend my stay here coz i dont want to go home


but my wife is renewing her permit soon so that i can apply open permit..

i hope u can advise me what is the best thing to do


thanks again

 

[amelia1727]

thanks to you jalex23 i have some follow up questions though.....

I am applying restoration using 5708 form right? APPLICATION TO CHANGE CONDITION / EXTEND MY STAY OR REMAIN IN CANADA AS A VISITOR OR TEMPORARY RESIDENT HOLDER

coz i dont have a lmia or any documents to support for my stay anymore my company dont want to help me

in question 3 should i just click RESTORATION?

DETAILS OF VISIT TO CANADA
what should i put if my wife and aunt will pay all my fees to stay longer here, how long shoulf i put to stay?


i will just extend my stay here coz i dont want to go home


but my wife is renewing her permit soon so that i can apply open permit..

i hope u can advise me what is the best thing to do


thanks again

If she gets NOMINATION from PNP your wife can apply for extension of work permit and you can be carried over since you are his spouse. I don't recommend applying for restoration cause its not guarantee it will be approved and it will take time. Ask your wife to renew her WP asap and include your application as well. Since, you are positive nomination from your province you DO NOT need LMIA from your employer.

If you apply for visitor visa there is a big chance that you will get denied since it is more favourable for your situation to stay in Canada since your wife(and/or family) are already residing in Canada. Therefore, your family ties is much more stronger here compare to your home country. Even you ask help from your PR aunt, it only affects a little. You still need to show that you ties are strong.

 

[rosan1021]

If she gets NOMINATION from PNP your wife can apply for extension of work permit and you can be carried over since you are his spouse. I don't recommend applying for restoration cause its not guarantee it will be approved and it will take time. Ask your wife to renew her WP asap and include your application as well. Since, you are positive nomination from your province you DO NOT need LMIA from your employer.

If you apply for visitor visa there is a big chance that you will get denied since it is more favourable for your situation to stay in Canada since your wife(and/or family) are already residing in Canada. Therefore, your family ties is much more stronger here compare to your home country. Even you ask help from your PR aunt, it only affects a little. You still need to show that you ties are strong.

They said it should be 6 mos validity of my wifes permit before I apply an open permit. is that true? I dont want to get refused BOTH of us again.

we applied our permanent resident already but dont have file number, do we have to say in the letter that we applied for residency already? do they care if we say and ask for visitor status to stay with my family while waiting for residency application and stay with wife and new born baby?


on the form PURPOSE OF VISIT should i say visit my family, or RETURNING WORKER? i dont have LMIA too... im depending on my wife now


PLS HELP... THANKYOU

 

[amelia1727]

They said it should be 6 mos validity of my wifes permit before I apply an open permit. is that true? I dont want to get refused BOTH of us again.

NOPE, THIS IS NOT TRUE. AS LONG AS SHE HAS ALL THE REQUIREMENT SHE CAN APPLY ANYTIME.

we applied our permanent resident already but dont have file number, do we have to say in the letter that we applied for residency already? do they care if we say and ask for visitor status to stay with my family while waiting for residency application and stay with wife and new born baby?

THEY WILL KNOW ONCE THEY REVIEWED YOUR APPLICATION. IT WILL ALWAYS SHOW THAT YOU HAVE CURRENT PR APPLICATION.

on the form PURPOSE OF VISIT should i say visit my family, or RETURNING WORKER? i dont have LMIA too... im depending on my wife now


PLS HELP... THANKYOU

 

[rosan1021]