How often does CBSA/immigration refuse to give visitor records?

[ontarioo]

I requested a visitor record upon reentering Canada at Ft Erie with my wife from the US on Boxing Day (wife is a US citizen) and this request was denied by immigration. She had her passport stamped and the immigration officer dated the stamp March 1. I had a letter from my lawyer requesting the visitor record and stating that we had filed for sponsorship with CPC-Mississauga and paid the fees due to CIC. They tried to call my lawyer's office but this was on a holiday and of course there was no answer.

Wondering if we should leave Canada prior to March 1 and this time bring the actual case # AND proof of payment (lawyer's letter didn't give any of this info, albeit we crossed back into Canada a mere 5 days after our application was filed) and ask again for a visitor record OR apply for an extension from within Canada of the March date?

If the request for an extension from March 1 is rejected I understand there is no right to an appeal and my wife will have to leave Canada while we wait for a decision.

 

[Sweden]

I requested a visitor record upon reentering Canada at Ft Erie with my wife from the US on Boxing Day (wife is a US citizen) and this request was denied by immigration. She had her passport stamped and the immigration officer dated the stamp March 1. I had a letter from my lawyer requesting the visitor record and stating that we had filed for sponsorship with CPC-Mississauga and paid the fees due to CIC. They tried to call my lawyer's office but this was on a holiday and of course there was no answer.

Wondering if we should leave Canada prior to March 1 and this time bring the actual case # AND proof of payment (lawyer's letter didn't give any of this info, albeit we crossed back into Canada a mere 5 days after our application was filed) and ask again for a visitor record OR apply for an extension from within Canada of the March date?

If the request for an extension from March 1 is rejected I understand there is no right to an appeal and my wife will have to leave Canada while we wait for a decision.

More of the US/Can couples here will probably comment, and I don't know the answer to your first question- how often it is denied.
But you could try to request an extension ( it's 30 days before the end of the actual visa, so keep that in mind) online, and with the proof of sponsorship ( by then, you will have the sponsorship approval, so you can add that, and you might have some communication from Ottawa as well, as it will be your VO), and I don't see any reason why the extension will not be granted.
The other option is to go to the border, exit and re-enter back into Canada. If you go to the border, and explain that you have filed for sponsorship ( and show the sponsorship approval), you can get another 6 months ( the 6 months is the 'default" if the officer doesn't put a date on the stamp), or less... which should get you to the date she gets her PR...

It seems to me that you got unlucky with the officer that handled your file, and hopefully it will go better next time ( maybe there were lots of people because of boxing day? ).

Good luck,
Sweden

 

[NBaker]

Since the issuance of visitor records is almost entirely at the discretion of the individual border service's officer it is pretty much impossible to say how often one is refused. One does not apply for one in the same way as other processes. Based on very minimal data publically available: from all interviews conducted at a couple of ports of entry over a couple of months the average interview resulted in issuance of a visitor record only about 2.5% of the time.

In this particular case, however, where less than six months was granted as a visitor, it is odd not to issue a visitor record. The manual suggests that where less than six months or more than six months is granted to a visitor that a visitor record be issued to document the reason.

Of course the manuals are a guideline and not 'law', but it is interesting this was not done.

The major concern, for the BSO, is likely the lack of evidence to back up that an application was made. Had this information been available the result may have been different in the period of time granted as a visitor etc.

Applying for an extension from within Canada is certainly something that could be done - submitting all of the details (beyond the lawyer's letter which appears to have been less than adequate in the circumstances) or leaving and seeking to re-enter with the understanding that re-entry could be refused are both options.

Good luck to you with the application.