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niki4chris

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May 4, 2019
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i have been in Canada with my Canadian husband and Canadian son for a year and a half i put in for another extension and it has been refused what can i do i dont want to leave my family..... we were in process of starting spousal sponsorship forms then this what can i do to stay it says on email i must leave Canada immediately
 
i have been in Canada with my Canadian husband and Canadian son for a year and a half i put in for another extension and it has been refused what can i do i dont want to leave my family..... we were in process of starting spousal sponsorship forms then this what can i do to stay it says on email i must leave Canada immediately


Why were you refused ?

Please share the refusal letter .
 
Why were you refused ?

Please share the refusal letter .

It will say that they doubt that she is a genuine visitor and that she will return to her home country.

@niki4chris - your extension was rejected because you have already had two extensions. IRCC no longer believes you are a genuine visitor - and I think you know that you are no longer a visitor, either. You should have applied for spousal sponsorship a year ago - staying a visitor for 1.5 years makes it clear you're not visiting but you also haven't done anything to advance your status.

What can you do now? First, pay the PR fees. All of it. Then apply for restoration of your status, with "applying for PR" as the reason for your restoration application. Attach the receipt of the PR fees as proof of intention to apply for PR. Then apply as soon as you possibly can. Within the next month or so.

Long story short: 1.5 years of a stay without applying for PR means you are no longer a genuine visitor and will be denied a visitor extension. If you plan to apply for PR, do it within your first six months' admission, or if you need to establish common-law, after the 12-month mark.
 
to start with we were visiting then my husband got offered work, and he wanted to stay here with me been British i wasn't sure but after and long chat and seeing the future for our son decided want to stay but again worried will i need to leave Canada straight away??
 
to start with we were visiting then my husband got offered work, and he wanted to stay here with me been British i wasn't sure but after and long chat and seeing the future for our son decided want to stay but again worried will i need to leave Canada straight away??
Yes, and that likely happened before you had two extensions approved. You had an obligation to apply for PR immediately, not eight months or so after you decided to stay.

You need to apply for restoration and then immediately thereafter apply for PR. You won't need to leave while your restoration application is being processed.
 
It will say that they doubt that she is a genuine visitor and that she will return to her home country.

@niki4chris - your extension was rejected because you have already had two extensions. IRCC no longer believes you are a genuine visitor - and I think you know that you are no longer a visitor, either. You should have applied for spousal sponsorship a year ago - staying a visitor for 1.5 years makes it clear you're not visiting but you also haven't done anything to advance your status.

What can you do now? First, pay the PR fees. All of it. Then apply for restoration of your status, with "applying for PR" as the reason for your restoration application. Attach the receipt of the PR fees as proof of intention to apply for PR. Then apply as soon as you possibly can. Within the next month or so.

Long story short: 1.5 years of a stay without applying for PR means you are no longer a genuine visitor and will be denied a visitor extension. If you plan to apply for PR, do it within your first six months' admission, or if you need to establish common-law, after the 12-month mark.
how can i apply for PR and pay fees on that dont i need to be here a certain amount of time ??
 
how can i apply for PR and pay fees on that dont i need to be here a certain amount of time ??
You really should have researched this before you decided to stay. You pay PR fees separately from submitting the application. As your husband is a citizen or PR himself - you say that you've been preparing the sponsorship forms - you have no minimum stay to apply for PR. You don't even need to be in Canada.

Pay the fees. Apply for restoration of your visitor status. Then apply for PR. Do not wait any longer. You've waited too long.
 
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i just dont want to have to leave canada to apply for things is there a way i can apply within Canada,i totally understand what your saying i definitely should of researched more i dont want to leave my family andtravel on my own
 
So please read the part where I said you don't need to leave. You need to apply for restoration of your status. That puts you back to being a visitor in Canada. But to do that, you need to make it clear to IRCC that you are applying for PR.

Provided that your husband is a citizen or PR of Canada (is he???) you can apply for inland spousal sponsorship. If your visitor status is restored, you won't need to leave.

Just start working on it very quickly. If your restoration is rejected, you may indeed be required to leave.
 
Good. Then you can pay the PR fees and apply for restoration. In your application for restoration, you explain that you are applying for spousal PR and attach the payment of the fees receipt as supporting documents. This has happened many times, and you can read about it in other threads on this forum - all from people who lost extensions after being here for more than a year without applying for spousal sponsorship.
 
Good. Then you can pay the PR fees and apply for restoration. In your application for restoration, you explain that you are applying for spousal PR and attach the payment of the fees receipt as supporting documents. This has happened many times, and you can read about it in other threads on this forum - all from people who lost extensions after being here for more than a year without applying for spousal sponsorship.
i dont mean to sound thick but how do i go about paying fee for PR sorry
 
Most provinces also don’t cover medical costs for spouses without status so would also encourage you to look into this and get emergency medical coverage if needed.
 
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how can i apply for PR and pay fees on that dont i need to be here a certain amount of time ??
Your spouse can sponsor you (Family Class). You have been in Canada for 1.5 years even if it was common law, he should have been able to sponsor you 6 months ago. You can try reading the guide to sponsor spouse/partner/dependent child on the CIC website.
http://www.cic.gc.ca/english/information/applications/spouse.asp

https://www.canada.ca/en/immigratio...-guide-sponsor-your-spouse-partner-child.html

You can also go through several threads on spousal/common law partner sponsorship (inland/outland) on this forum
https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship.46995/

https://www.canadavisa.com/canada-i...r-visa-expired-but-married-in-ontario.616383/

https://www.canadavisa.com/canada-i...oard/forums/family-class-sponsorship.5/page-2

You can decide to stay and apply for restoration with an intent to apply for PR in Canada Class (inland) as explained by K.H.P. Once your status is restored you can also apply for an OWP. You can also decide to leave Canada and h apply for PR (outland)
 
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