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.

 

[scylla]

1) Yes - you can appeal. But you should expect it to cost you $3K to $5K in legal costs.
2) No - they don't have access to your notes. You would have to order your GMCS notes.
3) No - it shouldn't.

 

[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

 

[scylla]

No - you can't ask for an extension again. Since you have been refused, at this point you'll have to apply to restore your status. Yes - you can certainly try using the reason that you want to get married. It's impossible for any of us to say if the restoration of status will be approved.

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

 

[DDBr]

Hi Scylla,

First of all, many thanks for your help.

In my refusal letter they put the following:
We also wish to advise you that your temporary resident status will expire on 2014/09/16. You may apply again before the expiry of your temporary resident status if you submit:
• a completed application form;
• applicable fees for the immigration document(s) in the amount of $100.00 payable at a financial institution in Canada or online at ...
• All required documents in support of your application.

So I thought, based on that information, that I could reapply for the visitor extension.

Only in the next paragraph of the letter do they mention restoration:
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) in the amount of $200.00. Payments should be made online at .... When you are finished, you must print the receipt of payment and include it with your application.

I am a bit confused. :/

 

[DDBr]

Maybe this information will help other people.

I just called CIC and asked if they could tell me the specific reason 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).

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.

 

[susana]

Maybe this information will help other people.

I just called CIC and asked if they could tell me the specific reason 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).

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.

I believe the agent did not give you the correct information. In order to apply for a work permit you either have a positive LMIA or you are LMIA exempt, which you are not as you said the reason you want to stay because you want to get married and apply for sponsorhip.

To apply for a study permit you need to obtain a letter of acceptance from a univerity/college/school.

Do not apply for a work permit or study permit if you don have the requirements , you will be refused again.