Extension refused..

[Alexandrite79]

The letter states as follows...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 isthereforerefused.Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act.In reaching a decision, an officer considers several factors, which include theapplicant’s:1.Reason for original entry and reason for requested extension;2.Ties to country of permanent residence, including:-employment and study commitments;-family ties and responsibilities;-status (citizenship or immigration status);3.Financial means for the extended stay and return home;4.Travel and identity documents;5.Probability to leave Canada at the end of authorized stay.After considering all the circumstances of your case, I am not satisfied that you meet the requirements of the Act and Regulations. You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

 

[Diana1993]

Hello,
Not an expert here, but here is an useful link for you.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html
Please read carefully and I do think you will find a piece of mind from an official source.
Best of luck.

 

[neg mawon]

I hope this helps regarding the police certificate you are missing:

If a new application is missing supporting documentation (associated fees are required), the applicant should include an explanation with their application that they are affected by the service disruptions as a result of the novel coronavirus. The application may then be promoted and reviewed in 90 days.

New applications should be promoted in the order they were received, and the org ID should be associated with them when the applicant self-identifies. If the application is still incomplete in 90 days, officers should request the missing documents with an additional 90-day deadline.

Applications found to be incomplete with no explanation provided, or for reasons unrelated to the disruption of services associated with impacts of the novel coronavirus, may be rejected as per section R10, and all fees associated with the application should be refunded to the applicant. The reason for rejection should be unrelated to the disruption of services.

Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/permanent-residence.html

 

[Alexandrite79]

Thank you. It's just the debate of what I should submit first. I know I should submit PR application but I'm afraid it will be sent back incomplete as we are having issues getting documents. Even with a cover letter stating we will provide required documents asap.If I send restoration first I would have a little over 4 months to get PR application sorted and submitted.i want to do this right.

 

[canuck78]

Thank you. It's just the debate of what I should submit first. I know I should submit PR application but I'm afraid it will be sent back incomplete as we are having issues getting documents. Even with a cover letter stating we will provide required documents asap.If I send restoration first I would have a little over 4 months to get PR application sorted and submitted.i want to do this right.

Do not send in an incomplete application.

 

[neg mawon]

Do not send in an incomplete application.

Maybe I should have been clearer. She should really avoid sending an incomplete application as her case is complex already. But I guess she could still keep it as a plan B if she starts running out of time. Good luck.

 

[canuck78]

Maybe I should have been clearer. She should really avoid sending an incomplete application as her case is complex already. But I guess she could still keep it as a plan B if she starts running out of time. Good luck.

It will just be returned if it is incomplete so there is no point.

 

[scylla]

Thank you. It's just the debate of what I should submit first. I know I should submit PR application but I'm afraid it will be sent back incomplete as we are having issues getting documents. Even with a cover letter stating we will provide required documents asap.If I send restoration first I would have a little over 4 months to get PR application sorted and submitted.i want to do this right.

IMO it feels risky to submit the restoration application without first submitting the spousal sponsorship application. I would put all of your focus on submitting a complete spousal sponsorship application first and as soon as possible.

Anyway - that's my two cents. Obviously entirely your call.

 

[Alexandrite79]

Wouldn't a restoration be more priority as it shows immediate intent to legalize his status. As for mine being a complex situation. How is that? By saying that you are scaring me more as I'm aware of our mistake. Believe me. My husband has been just out of status a little over 2 month's. It's not like he has been illegal for years...he never worked. Never commited a crime etc look im petrified and not dealing well with this refusal. I will do what needs to be done asap.I may send both applications the same day.. I don't know . Also can anyone confirm the letter received is or is not a removal order?

 

[scylla]

Wouldn't a restoration be more priority as it shows immediate intent to legalize his status. As for mine being a complex situation. How is that? By saying those thing you are scaring me more as I'm aware of our mistake. Believe me. My husband has been just out of status a little over 2 month's. It's not like he has been illegal for years...he never worked. Never commited a crime etc look im petrified and not dealing well with this refusal. I will do what needs to be done asap.I may send both applications the same day.. I don't know . Also can anyone confirm the letter received is or is not a removal order?

Your situation is complex because most people in your situation don't live in Canada for several years on end under visitor status without submitting a sponsorship application to make that status permanent. I appreciate your first application was returned. In most situations someone would have applied again immediately or very soon afterwards and not waited years. So from IRCC's perspective, this is very unusual and not normal. Also, visitor visas aren't meant to be used to live in Canada. At this point IRCC most likely just sees this as an abuse of the visitor privilege.

The reason why I would prioritize the spousal sponsorship application is that this is your big problem right now - the fact your husband has been here so long without submitting a complete application to sponsor him for PR. Submitting the restoration application without first submitting a spousal sponsorship application will make it look like he's just trying to stay longer as a visitor - which is what IRCC has already indicated through the refusal is not OK. I think it's critical that you demonstrate you have taken concrete actions to fix the main problem - which is the lack of a spousal sponsorship application. You need to make the case as part of the restoration application for why his status should be restored and his stay as a visitor extended. I personally feel a strong case for that can only be made if the restoration application includes evidence of a submitted spousal sponsorship application.

Ultimately it's your call.

 

[Alexandrite79]

Am I correct in thinking with all these responses that I would have to pray for a miracle that cbsa don't come for my husband?

 

[Alexandrite79]

When our application was returned in 2018. We were going to resubmit immediately after. Some horrible situations arose and funds were extremely low and some family issues as both me and my husband live with my mother and her sister. It has not been easy. I Will not bore you with details. Over all we need to get everything done.

 

[canuck78]

Am I correct in thinking with all these responses that I would have to pray for a miracle that cbsa don't come for my husband?

It is extremely unlikely that CBSA will show up at your door. They may eventually call him which is why it is a good idea to get your sponsorship application submitted so you can show that ypu have taken steps to get him PR.

 

[canuck78]

When our application was returned in 2018. We were going to resubmit immediately after. Some horrible situations arose and funds were extremely low and some family issues as both me and my husband live with my mother and her sister. It has not been easy. I Will not bore you with details. Over all we need to get everything done.

We all understand but the fact is that your husband has been living in Canada while being a visitor which he isn't allowed to do so he should have decided to return home for some time (with you or without you) or apply for sponsorship.

 

[armoured]

Am I correct in thinking with all these responses that I would have to pray for a miracle that cbsa don't come for my husband?

No one has written anything remotely like that here. CBSA unlikely to devote scarce physical resources to detaining an individual without some special circumstances like public safety. Focus and deal with your applications.