Extension refused..

[scylla]

It was submitted in July before his expiry in August. He was implied status until feb 22 when refusal letter was received.

That makes sense. Paying the sponsorship fees didn't help you at all because you failed to then submit the sponsorship application. The purpose of paying the sponsorship fees and showing this as part of an extension application is to show intent that the sponsorship application is going to be submitted soon. If you don't follow up on that action for many months, showing that you've paid the fees really doesn't have any value. IRCC would have looked at the extension early this year, noticed that you had paid the fees but failed to submit the sponsorship application for many months. So from IRCC's perspective, paying the fees ends up being sort of a hollow promise that you failed to make good on.

I'm changing my answer based on this. Get the full spousal sponsorship application in first. Do this asap. As soon as the sponsorship application is submitted, submit the restoration application with proof the spousal sponsorship application has been sent in (e.g. evidence of fees, evidence of courier delivery, etc.).

 

[Alexandrite79]

Can I mention that we did apply in 2018 for PR and it was sent back because of incorrect fee payment method. We used the old bank receipts instead of online receipt. This would of shown intention in our files would it not? I'm not saying it will improve our situation drastically since it's been 3 years now almost..but can you assure me that the possibility that cbsa will not issue a removal? And if they do I pray to God they don't but if they do . Do we get a letter first or a physical visit?

 

[Alexandrite79]

The refusal letter stated a generic template that if document is expired etc must leave Canada immediately. In failing to do so could result in enforcement actions against you...ive read that alot of people that lost status have received the same letter.. not sure though. Also there was no date stated to leave by and it didn't say I could or could not restore status. But according to agent they said it would be safe to restore asap

 

[frange]

Basically has anyone heard of cbsa removing someone immediately after freshly losing their status.?

Unfortunately, you did not pay attention to my last answer. CBSA do not deport automatically an illegal since there is a process they have to follow but it can happen. You can understand that since your husband is not on the safe side.

We did not have all the information or enough information related to your case which could give us clear view of it.
Consequently, I agree with the position/ answer of Scylla down below:

I'm changing my answer based on this. Get the full spousal sponsorship application in first. Do this asap. As soon as the sponsorship application is submitted, submit the restoration application with proof the spousal sponsorship application has been sent in (e.g. evidence of fees, evidence of courier delivery, etc.).

 

[frange]

The refusal letter stated a generic template that if document is expired etc must leave Canada immediately. In failing to do so could result in enforcement actions against you...ive read that alot of people that lost status have received the same letter.. not sure though. Also there was no date stated to leave by and it didn't say I could or could not restore status. But according to agent they said it would be safe to restore asap

Does he have a valid passport by the way? If not, the restoration will be straightly rejected and a removal notice will be issued afterwards. We don't want to make you scared; but give you the reality.

 

[Alexandrite79]

Yes he does. It's valid for a few more years.

 

[armoured]

Can I mention that we did apply in 2018 for PR and it was sent back because of incorrect fee payment method. We used the old bank receipts instead of online receipt. This would of shown intention in our files would it not?

I think at this point the intent you showed two/three years ago is no longer relevant, since you didn't follow through.

 

[Alexandrite79]

As I stated before there were circumstances that arisen. Please don't judge as we have gone through so much. Also Our marriage is beyond genuine.i don't think ircc will dispute that. We have been together since 2006. Married in 2015. I truly understand that my husband has been living here under a visitor status in order to be sponsored by me for a very long time. Im not going to lie, I am notorious for procrastination but we did not intend for this linger for this long..

 

[armoured]

As I stated before there were circumstances that arisen. Please don't judge as we have gone through so much.

No judgment involved, just that your attempt to pay in 2018 is not likely to carry any weight at this point.

 

[scylla]

As I stated before there were circumstances that arisen. Please don't judge as we have gone through so much. Also Our marriage is beyond genuine.i don't think ircc will dispute that. We have been together since 2006. Married in 2015. I truly understand that my husband has been living here under a visitor status in order to be sponsored by me for a very long time. Im not going to lie, I am notorious for procrastination but we did not intend for this linger for this long..

We are not judging.

We are suggesting what IRCC's perspective likely is based on the circumstances and are also suggesting the best course of action to remedy the situation.

IMO the best course of action is to submit the complete spousal sponsorship application first and ASAP. As soon as that is in, then apply to restore his status.

 

[Alexandrite79]

I understand..

 

[Alexandrite79]

Another question ..Was the refusal letter a removal letter as it didnt state if I could restore status or not..

 

[scylla]

Another question ..Was the refusal letter a removal letter as it didnt state if I could restore status or not..

Post the content here removing all personal info.

 

[frange]

I understand..

I would suggest you to send the application without OWP (Open work permit) since he is not eligible actually. Then put the sponsorship application proof into the restoration application; just to back up it.

NB: Post the refusal letter and remove the personal info.

 

[Alexandrite79]

Also I saw a thread stating that someone's husband has world record of visitor extensions but I think not.. and I'm not trying to be funny just trying to lighten my extreme anxiety and stress that is well deserved I guess..