Please Help! Restoration of status refused...

[tyas]

Please give me some advice...

I got a refusal letter from CIC for the resotoration. (But my husband still got anything from CIC...)
In the letter, they say I'm requierd to leave Canada immediately.
Is this mean am I banned from Canada for certein years?
Or Can I go out of Canada and just come back again?(i.e. go to USA or home country for a couple of weeks and come back?)
My husand just got a 2 years LMIA.... Is this going to be help when we come back to Canada??

I know I need to leave, and I'm getting ready for it... But I want to keep our stuff, not to sell everything if I'm able to come back again...

 

[scylla]

No - you're not banned from Canada. But you do need to leave.

You can certainly try to go to the USA or back to your home country and then return back to Canada. Of course whether you are allowed back into Canada and for how long is up to the immigration official you encounter at the border.

 

[tyas]

Hi Scylla,

Thank you for your quick reply!!
Good to hear I'm not banned... I hope we can come back into Canada...

 

[Alurra71]

As long as you leave before any date they have specified you should be fine. If you don't leave before the specified time your departure order could turn into a removal order and if that happens, it can get real ugly real quick.

If your spouse was just recently approved for a 2 year LMIA that would mean he should be able to get a renewed work permit, provided that you and he haven't been here for 4 years or longer. If you have been here for 4 years or longer, the new rules state that you must leave Canada and not attempt to return for at least 4 years.

Once your spouse gets his work permit (provided he meets the 4 year rule and you haven't exceeded that limit yourself) you should be able to return as a spouse.

Good luck.

 

[tyas]

Thank you Alurra71,

Do you know how many days we usualy have to leave? There is no date on the letter, just say I'm "required to leave Canada immediately".
Last permit was only for a year, and it was our first work permit, so we still have 3 years left for WP limit.
I hope we can get new visa at the entery of Canada.

 

[Alurra71]

Thank you Alurra71,

Do you know how many days we usualy have to leave? There is no date on the letter, just say I'm "required to leave Canada immediately".
Last permit was only for a year, and it was our first work permit, so we still have 3 years left for WP limit.
I hope we can get new visa at the entery of Canada.

Usually they consider 30 days to be adequate to wrap things up and leave Canada. If your spouse has a new LMIA, and you have not yet heard back from CIC regarding his work permit, he should not leave the country until he does. Because you have already been denied a restoration of status and asked to leave, you should make sure that you do leave inside of the 30 days. You would apply for a visa from your home country because it is very likely that you will not be able to just drive over to the US and then turn around and come right back to Canada anyhow. CBSA does have records of CIC actions against you and they are highly unlikely to let you just cross right back into the country.