Extension of Interview date after Final Notice

[imz_mania]

Need some help if anyone of you have any insights on this.

I got married in May 2010. While, I was in Canada. My wife sponsored for my In-Land Spouse sponsorship for me, before that I was on a student visa. After my student permit's expiration. I changed my status to visitors, as my PR application was in process. It took along time for them to take any decision or correspondence.

However, my grandmother was back home and unfortunately she got really sick. My In-land spouse sponsorship was in process and at the same time - I had to take care of my grandmother back home. Didn't know what to do !
But when she was on her death bed - I had no options be to go back to be with her.

I waited almost 2 years for this & had complete lost faith in CIC if they would ever approve anything. But they sent a letter of approval on 3rd September 2012. - I applied for Visit Visa from Pakistan. As per their official website & CIC canada as well, the processing time for TRV is only 40 days.

I requested CIC Scarborough Office to extend my interview date - which they did & they gave me 7th December 2012 - with a stamp of "FINAL NOTICE"

But the Islamabad, Pakistan office is taking their time !!! its been 90 days I haven't got any correspondence from Canadian Embassy Islamabad - even though i sent the letter from CIC Scarborough office to show them the matter is of a urgent nature.

I am trying to ask them to extend my interview date further, as this is not my fault that VISA office in Pakistan, Islamabad is taking ages to process this application. I have sent them itineraries as well.

Does anyone think, CIC Scarborough office will extend the interview date under such circumstances and even after "FINAL NOTICE"???

 

[frege]

The only thing you can do is try, by sending an urgent fax to the CIC office in Canada explaining the situation again, and asking them to wait for a decision to be made on your visa before scheduling the interview.

If your wife can see an immigration lawyer today, she could have the lawyer send a fax. If this isn't possible, you can try and phone one. The lawyer might know the right legal or factual arguments to make to save your application.

If you had done this a little earlier, it's possible a lawyer could have filed a request with a court forcing the visa office in Pakistan to accelerate the process. I'm not sure if this can still be done in time now.

In Quebec, I know there's an association of immigration lawyers with a directory.

Unfortunately, I'm not aware of one for Ontario, but at the Law Society of Upper Canada, there is a list of certified specialists in immigration law:

http://www1.lsuc.on.ca/specialist/jsp/directory1.jsp

There is also a list of immigration lawyers in Toronto registered with the Better Business Bureau:

http://www.bbb.org/kitchener/accredited-business-directory/attorneys-immigration-and-naturalization

It will be important for your wife to specify that the matter is urgent and will require action today. Some of these law firms have websites with a number to call in an emergency.

Good luck.

 

[scylla]

The challenge you face is that you're not supposed to leave Canada with an inland application in progress. And once you leave, CIC is under no obligation to approve your TRV to re-enter Canada.

I have no idea what the chances are of having an extension granted after a final notice. I think the most you can do is ask for another extension with the assistance of a lawyer and hope CIC is willing to move the date again. For this to work, you obviously need the TRV to be approved as well (no gurantee that will happen) so that you can re-enter Canada.

When you communicate with CIC, I would recommend that you avoid any "it's not my fault" statements. CIC will likely see things from the opposite perspective (i.e. you are responsible for putting yourself in this situation since you decided to leave Canada).

Good luck - hope it works out for you.

 

[Creampop]

I'm really sorry to hear about your grandmother...
You could try a lawyer, s/he might be able to get you an extension (highly unlikely tho since your interview is tomorrow) but even so Pakistan VO does not have to grant you a TRV, so getting an extension could be pointless anyways. You left Canada and therefore you abandoned your application. as harsh as it sounds there maybe nothing you can do but withdraw your in-land application and start over with an out-land application. Good Luck!


http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

Applicants who leave Canada before a final decision is taken on their application for permanent residence

An applicant’s departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident. A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).

Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)]. It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).

 

[frege]

My opinion is that, if you have to write your own letter, it's important to state the special circumstances in your case. You had to leave the country to be with your grandmother, and your visa has taken longer than expected. Detail your efforts to obtain a visa, including communication with the visa office. Perhaps there's a way to do this without sounding like you're blaming CIC, but I think it's best not to give them any excuses to say that this is your own fault. Based on what Creampop quoted from the manual, your letter should also indicate clearly that this absence was in no way an interruption of your desire to cohabit with our wife.