Extension refused

[DDBr]

Hi

I have just had my visitor visa extension application refused.
1) Is there an appeals process available that I can apply for?
2) Would they tell me the specific reasons for the refusal if I call CIC?
3) Does this refusal affect any future visits to Canada?

Any help is highly appreciated.

Thanks in advance.

 

[DDBr]

I should have mentioned this on the first post:

I wanted an extension because my fiance and I were deciding on getting married, getting the sponsorship started, etc. But I asked for advice and most people told me not to state this as a reason for my extension since we are not married yet and haven't started the sponsorship. Hence, I asked for an extension on other grounds.

After the refusal, should I try asking for an extension once more (not a legal appeal but submitting a new extension request) and this time stating the real reason: I'd like to stay to get married and initiate the sponsorship?

Thanks

 

[lellen]

You'll have 90 days to restore your status if your previous status has expired already. If you're still on a valid status, you can try to apply again. You should start your PR sponsorship process right away though! It's always easier if you already filed it. There's no harm in asking for an extension because you're getting married.

 

[PTJ]

Hi

I have just had my visitor visa extension application refused.
1) Is there an appeals process available that I can apply for?
2) Would they tell me the specific reasons for the refusal if I call CIC?
3) Does this refusal affect any future visits to Canada?

Any help is highly appreciated.

Thanks in advance.

..worth mentioning the other grounds you used for the extension and the documents you presented. This might be where the problem lies. Getting an extension is not that problematic if you get the right document in. My brother have applied for extension twice (6 months & 1 years) over the last 18 months and was granted without any issue and all were done online

 

[DDBr]

Thanks, lellen.

PTJ, when I entered Canada I said I was here to observe English as a second language lessons as I am a teacher. Actually, it was partially true because I am doing that. As I was afraid to say I had a a boyfriend here, I omitted that bit.

Anyway, for the extension I said I would continue doing this 'field research' and my school in Brazil, which I am on absent leave from, issued a letter saying that I still worked for them, etc and the coordinator of the Toronto school issued another letter saying that I was observing classes here. Again, this information is true. I honestly thought that these two letters, from institutions, would suffice. I am still quite shocked as I have been to Canada in several other occasions and have never done anything illegal or extended my stay beyond what was allowed.

I will look into the restoration of status now and decide if I should just rush things to marry or simply go back and rethink things.

Thanks for all the help.

 

[DDBr]

Another question:

I was reading the restoration guidelines and one thing caught my attention. It reads: On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence.

I know nothing of Canadian law but it seems to me that by using the term 'offense' it means that I have done something against the law. So, if I apply for restoration and, worse case scenario, it is not granted, would that impact on any future travels or visa requests?

 

[DDBr]

Maybe this information will help other people.

I just called CIC and asked if they could tell me the specific reason(s) my visitor visa extension had been refused and they did.

The attendant was very helpful and told me that according to the purpose I stated I should have applied for a work permit (although a study permit would have also worked).

She also said that if I apply for restoration and, worst case, it gets refused, there should be no impact on future travels or visa applications.

Perhaps it's luck on getting a helpful attendant on CIC but I think it's worthwhile trying. At least in my case it worked.

 

[scylla]

I'm not sure the agent you spoke to knows what she was talking about...

To qualify to apply for a work permit you need a full time job offer from a Canadian employer and an approved LMIA. Do you have both of these things? If not, the work permit would have been automatically refused.

To qualify to apply for a study permit you need to first be accepted into a full time program in Canada. You then need to provide additional supporting evidence including proof that you can support yourself and pay for your studies while in Canada (showing a bank balance of at least $20K). Do you have all of these things? If not, the study permit would have been automatically refused.

 

[PTJ]

Means of finance while you're in Canada too might be a factor if you did not submit adequate bank statement might count against you too (Just a thought)

 

[lellen]

scylla is right, there's no way you could've applied for any of those things. However maybe the reason you gave them sounded like "work" or "study" to them and made them suspicious. You should always always be honest with CIC, because if it sounds like you're hiding something they'll automatically refuse your requests even if you're not actually "hiding" anything or doing anything illegal.


My temporary foreign worker status expired two months after I sent my PR application through spousal sponsorship. So around 20 days after I sent in my PR app, I submitted an application to extend my stay as a visitor. My husband sent a letter saying that he wanted me to stay with him throughout the process and that he was going to cover all my expenses: rent, groceries, bills, etc. We both sent supporting letters saying that the reason for the extension was just to stay together while our PR was in process. We used his bank statements. My extension was granted.

I think that even if you're planning a big wedding or something that requires time for the planning, you should get married right away at City Hall and apply for PR as soon as you can. You can always have the wedding and ceremony afterwards, the way you planned it. You still have 90 days to restore your status, so that should give you enough time to both restore your status and apply for PR.

I don't know if the fact that you hid your wedding plans will make them suspicious, but you can always say that you didn't mention your boyfriend before because you were not married yet, and so he didn't count as family. Address every issue that you think may be problematic very clearly, and explain everything that you did and why you did it.

 

[DDBr]

Yes, lellen that may have been the case, they thought it sounded like work although I think it was a case of not diligent work from their part because my pay stubs are from Brazil, I have enough in my bank account to support myself and the local coordinator made it clear on his letter that I have no work ties with the school in Toronto, so...
And yes, Scylla is right: I don't qualify neither for work or study permits. But the fact is that the attendant read the reason which was given. But I understand what you're saying.

So the idea is now to marry, like you said lellen, hurry up to launch the sponsorship application and then enter with restoration of status saying we want to be together throughout the process.

Just one big question: applying outland, through Brazil, is much faster than inland but would that be a problem when I ask to stay here temporarily?

Once again I thank all of you for your time and help

 

[DDBr]

Actually I have two questions:

The more urgent one
1) Having 90 days to apply for restoration, does this mean that in the meanwhile I am allowed to stay in Canada? This is a bit confusing for me. In the letter they sent me it says:
"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."

2) If we apply for outland sponsorship, from what I've been reading in this forum, I could ask in the restoration to stay here stating that I want to stay with my husband during the process. Is that correct?

 

[lellen]

Just one big question: applying outland, through Brazil, is much faster than inland but would that be a problem when I ask to stay here temporarily?

I applied outland through Colombia and I received a visitor visa extension. I'm currently in Canada and was allowed to stay with my husband.
The 90 days that you have to apply for restoration only apply if you stay in Canada. If you leave, you can't restore your status. That means that you HAVE to stay in Canada. If you were not going to restore your status you would have to leave.

You could ask for an extension/restoration based on your permanent residence application to stay with your husband. However, make sure the proof of your ongoing relationship is solid. Because you already had a visitor extension refused, and you didn't mention anything about getting married before, it could seem like a marriage of convenience. I'm not saying IT WILL, I'm saying it could. If it does make them suspicious, worst case scenario is they give you an interview in Brazil (nothing really to worry about since your relationship is genuine), but you would have to leave and have the interview in Brazil, so a little inconvenient.

All these questions would probably be better answered by the senior members who post in the spousal sponsorship category of this forum, so feel free to post any questions there.

Good luck!

 

[Mani88]

Hi there, i applied for study permit extension, if it gets refused, i would be out of status in canada from 1st of september. What if i want to marry my boyfriend who is full time student in canada. Would i get my work permit then, and what would be the process. Thank you

 

[Bacrs]

scylla is right, there's no way you could've applied for any of those things. However maybe the reason you gave them sounded like "work" or "study" to them and made them suspicious. You should always always be honest with CIC, because if it sounds like you're hiding something they'll automatically refuse your requests even if you're not actually "hiding" anything or doing anything illegal.


My temporary foreign worker status expired two months after I sent my PR application through spousal sponsorship. So around 20 days after I sent in my PR app, I submitted an application to extend my stay as a visitor. My husband sent a letter saying that he wanted me to stay with him throughout the process and that he was going to cover all my expenses: rent, groceries, bills, etc. We both sent supporting letters saying that the reason for the extension was just to stay together while our PR was in process. We used his bank statements. My extension was granted.

I think that even if you're planning a big wedding or something that requires time for the planning, you should get married right away at City Hall and apply for PR as soon as you can. You can always have the wedding and ceremony afterwards, the way you planned it. You still have 90 days to restore your status, so that should give you enough time to both restore your status and apply for PR.

I don't know if the fact that you hid your wedding plans will make them suspicious, but you can always say that you didn't mention your boyfriend before because you were not married yet, and so he didn't count as family. Address every issue that you think may be problematic very clearly, and explain everything that you did and why you did it.

Hello, I read here in the forums more than once and like you're saying, to apply for PR as soon as the marriage takes place, why is that? I'm asking this cause I got married a month before my 6 months allowed entry under visitor visa expires, so my husband and I decided to apply for an extension first after we got married while we waited for the marriage certificate to arrive. We now have the certificate and could apply for PR, but my status expires at the end of this month. I've been getting different answers that honestly made more confused.. do you think we should try to apply now, is there some negative impact if we wait? Could i wait till they answer my extension request to apply for PR?