Extension refused..

[Alexandrite79]

Also would it be safe to not include the right of PR fee? Money is scarce right now.I never applied for cerb as Im not eligible .I've been out of work since 2016..I guess everyone is scratching there head as to how we are living? financial support from both of our familys.. mainly mine as we live under their roof rent free and they provide for us. Certainly not proud of it..

 

[Alexandrite79]

If my husband had to return to the UK it would be devastating. He has absolutely no family there. His mother and brother are deceased. His dad lives in USA just recovered from covid thank God

 

[frange]

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.

Which documents do you miss to complete your application?
1- Marriage Certificate
2-Birth certificate ( You, him)
3-His passport/ Your Canadian citizenship proof
4- Police certificate where he stayed +6 months
5- Proof of residence, joint account, insurance...etc.
6- Wedding pictures, all other proofs related to your relationship

If you have these above, the sponsorship application can be sent. More evidences will be asked if needed

NB: Avoid social assistance(Ontario works), you will be disqualified

 

[Alexandrite79]

His police certificate from Britain and medical here.

 

[frange]

His police certificate from Britain and medical here.

I think finally , you have to act now. You have so much information which allow you to make a decision. Time is flying, you have to know which step taking.
I maintain my position: Send the sponsorship application without OWP, then the restoration right after with proof of the sponsorship application + explanation Note. If the restoration is granted, you can apply for an OWP.

Please, take action since the more you talk, write, the more limited time will be.

 

[scylla]

Also would it be safe to not include the right of PR fee? Money is scarce right now.I never applied for cerb as Im not eligible .I've been out of work since 2016..I guess everyone is scratching there head as to how we are living? financial support from both of our familys.. mainly mine as we live under their roof rent free and they provide for us. Certainly not proud of it..

Yes, you can apply without paying the right of permanent residence fee and pay that later.

As neither of you are working, this is something you'll need to address in the spousal sponsorship application and explain how you are supporting yourselves financially. My suggestion is that you have your families on both sides write letters to state how they are supporting you (i.e. your family should indicate they are allowing you to live with them rent free and presumably also paying for your food and other basic needs). The working family members on your side who are supporting you should ideally also provide evidence of their income (e.g. pay stub) and/or savings. If there is any way you can get a job, even part time, to bring some income in that would be a very good idea. You don't have to do this before you submit the spousal sponsorship application - but within a few months would be a very good idea. Neither of you working for so long is a complication in your application since IRCC generally wants to see that the person being sponsored won't end up on social assistance.

 

[Alexandrite79]

Ok im on it tommorrow. Pray or wish us luck that we get through this. Thanks everyone. Also one more confirmation as i dont think its been addressed as of yet. The refusal letter recieved. Is this a removal order. As it dosent have a restoration option or date to leave by. I posted it previously. Thanks

 

[frange]

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.

According to what I understand, it's a generic extension refusal letter. Its goal is to inform the refusal and consequently the obligation to leave the country after being refused within a limited time, generally 30 days. Though it doesn't address the steps to go back to legality.

Unfortunately I don't know if you can restore your status after a refusal; in the other hand I see many people such as visa holders, international students, temporary workers restore their status after being out of status; but with NO extension refusal which is different than yours since you already have a refusal.
For your peace of mind, I see as well many people succeed in PR application after entering illegally or remaining illegally big time in Canada with no removal order.

NB: Note that we all speculate about your case since it is not common, almost 2 years with a visa without an on going spousal application, extension refusal while being out of status.

 

[scylla]

Ok im on it tommorrow. Pray or wish us luck that we get through this. Thanks everyone. Also one more confirmation as i dont think its been addressed as of yet. The refusal letter recieved. Is this a removal order. As it dosent have a restoration option or date to leave by. I posted it previously. Thanks

It's not a removal order. If it was any kind of removal order, it would be a departure order and would have specific language in it saying that he needs to leave within 30 days and must confirm his departure with CBSA when he exits the country.

 

[AmyL]

If my husband had to return to the UK it would be devastating. He has absolutely no family there. His mother and brother are deceased. His dad lives in USA just recovered from covid thank God

Honestly, it would not be the end of the world if he had to leave for a while. I have been without my husband for years and so have many of the others on here. You have to be proactive and just do what you need to do or have him leave. You may have to have him leave anyways, but if you have a chance to restore status, then do so. You may have to buckle down and take jobs you don't want just to make it. My husband was struggling with jobs for a while because of the economy, but he kept signing up for temp jobs and kept working as much as he could even if he did not like the job. He hates what he is doing now, but having a job means that I can go there and helps the bills. Maybe your husband can "visit" his dad in the US.

 

[AmyL]

It's not a removal order. If it was any kind of removal order, it would be a departure order and would have specific language in it saying that he needs to leave within 30 days and must confirm his departure with CBSA when he exits the country.

Yes, it is.... it states "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. " That is pretty clear and you are in danger of him getting an exclusion where he can't come back for a specific amount of time. I have seen many people get exclusions for 5 years for overstaying. However, I am not sure what the rule is at the moment because of COVID.

 

[scylla]

Yes, it is.... it states "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. " That is pretty clear and you are in danger of him getting an exclusion where he can't come back for a specific amount of time. I have seen many people get exclusions for 5 years for overstaying. However, I am not sure what the rule is at the moment because of COVID.

I thought the departure order letter included specific language around the 30 days and reporting departure to CBSA. But maybe I'm mistaken about that.

 

[Alexandrite79]

My husband was not given a removal order. I confirmed this with a few agents. But if things do not get back on track it could turn into one.on that note everything is done. Both applications sorted. Now it's just to wait and pray.

 

[frange]

My husband was not given a removal order. I confirmed this with a few agents. But if things do not get back on track it could turn into one.on that note everything is done. Both applications sorted. Now it's just to wait and pray.

Happy to hear that all sorted and I hope that our thoughts, advice and exchanges were helpful and useful.

 

[armoured]

My husband was not given a removal order. I confirmed this with a few agents. But if things do not get back on track it could turn into one.on that note everything is done. Both applications sorted. Now it's just to wait and pray.

I don't know if you've submitted already, but I would take scylla's comments above into serious consideration about employment and getting prepared. Ie getting a job and providing info about that to IRCC.

The bottom line is that both you and your spouse have not been employed for some time. "Support from family" is nice, but unless they're setting up a trust fund for you both, well, 'support from family' provides no way for government to have faith that you and/or your spouse will not go on social assistance.

While there are circumstances where they may give more leeway (students in university, beginning professional life/finalizing professional qualifications), this doesn't sound like that case.

Similarly for your spouse - while he can't legally work right now, getting prepared to do so would be a good idea.

Don't take this as being judgmental - but this is a weak aspect of your case.