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Extension of TRV - Denied - Leave Canada Immediately

Apr 12, 2019
3
0
My father applied for extension last March (for 2nd extension), he is really planning to leave on May 10, 2019. He received the refusal today, April 12, 2019 and TRV status expires today as well.

1) Does that mean he needs to leave now? Is there any allowance as to how many days, before he can fly back to his home country?
2) Since he will be staying only up until May 10, 2019. Will that be ok or considered overstaying?
3) Any enforcement action if he stays up until May 10, 2019?

To give you some background. He received the request of Medical Report on October 11, 2018 but then days later he also receive the approval of visa extension, so we thought already that he can extend w/o getting the medical report. Fast forward, application for the 2nd extension, we also did not submit another medical report as it was not included on the checklist for extension.

This 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.

Immigration legislation requires that you and your accompanying family members if applicable, complete medical examinations as per R30(1) of the Immigration and Refugee Protection Regulations. Medical examination instructions were sent to you with an accompanying Medical Report Form IMM 1017 on: October 11, 2018. You were required to undergo medical examination within 30 days from that correspondence date. You were informed that failure to do so could result in the refusal of your application. As you have failed to complete a medical examination as requested, your application for a Visitor Record is now refused. Your medical results must be known before your temporary residence status may be extended. Do not submit another application unless the results of your medical examination are known.

We also wish to advise you that your temporary resident status expires on April 12, 2019.

You may apply for restoration if, within 90 days from the expiry of your temporary resident status, you submit:  a completed application form;  applicable fees for restoration and for the immigration document(s). Payments should be made online at www.cic.gc.ca. When you are finished, you must print the receipt of payment and include it with your application.  all required documents in support of your application.

Please consult the section “Restoration of status” in the application guide: “Applying to change conditions or extend your stay in Canada”. Restoration applies to each member who has lost his or her status. Please note that there is no guarantee your application will be accepted.

Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status and as such will be required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
It is clear that he has been allowed to restore his status and if he does not he is required to leave
 
Apr 12, 2019
3
0
Thanks Eves - can he not apply for restoration since he is leaving in less than a month anyway? Is 28 days not acceptable? or tomorrow he has to leave right away? I only ask because his ticket back home is booked on 5/10/2019.
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
The approval for extension must have included a condition to undergo medical exam. (i was also given a conditional approval). He is actually lucky that they did not revoke it after the 30 days he was given to go for medicals. Anyway, he has a choice to either leave Canada or apply for restoration (the process can take up to 60 days or more), if he is planning to leave by May 10th then the decision might not be done by the time he leaves.
 

Eveslm

Champion Member
Jun 21, 2018
1,060
295
Edmonton
Category........
FAM
Visa Office......
Mississauga
Thanks Eves - can he not apply for restoration since he is leaving in less than a month anyway? Is 28 days not acceptable? or tomorrow he has to leave right away? I only ask because his ticket back home is booked on 5/10/2019.
I have seen some say 30 days max
 

jjedm

Full Member
Oct 7, 2016
47
1
Thanks Eves, definitely leaving in 28 days.
Hi purplestar0125

I'm curious to know, how long did it take you to receive an answer in your last request for extension? Did you apply online?
Were you asked for medicals in the first extension? How long was the request of his first extension? May I know what country is your father?