Refusal Visitor Extension Letter - Help

[Jamestoca]

Hello guys,

My girlfriend has a visitor visa that will expire in September/2019. I applied for her extension a month ago and exactly today she got a refusal letter to remain in Canada. She graduated and her study permit will get expired on June 30th. PS. She travelled back home TODAY and surprisingly she got the letter TODAY!

She is planning to stay for a month back home and than come back to Canada next month, in July/2019 (before her visa expires in September/2019) and we want to reaply for the visa extension again because she wants to study another course. Please let me know if is it possible?

Cheers!

 

[k.h.p.]

Most people would only apply to extend a stay in Canada a month or so before the initial status expired.

You cannot extend a visa - if your intention had been to extend her visa so that she could come and go from Canada past September 2019, you didn't do the right thing - she has to apply for a new visa closer to September.

If she had been granted an extension, leaving Canada would have invalidated it - an extension is only good to extend your stay in Canada, not "extend the visa."

What exactly did you apply for, what did you intend to have as the outcome if the application had been successful, and what were the reasons for refusal?

 

[Jamestoca]

Most people would only apply to extend a stay in Canada a month or so before the initial status expired.

You cannot extend a visa - if your intention had been to extend her visa so that she could come and go from Canada past September 2019, you didn't do the right thing - she has to apply for a new visa closer to September.

If she had been granted an extension, leaving Canada would have invalidated it - an extension is only good to extend your stay in Canada, not "extend the visa."

What exactly did you apply for, what did you intend to have as the outcome if the application had been successful, and what were the reasons for refusal?

Let's take this in.... She has a 5 years visitor visa that will expire in September/2019 and a Study Permit that will expire in June 30th. I applied to extend her status as a visitor. So you are telling me that I should not have applied for extend her status until September?

No, she has not been granted an extension, she got the refusal letter.

We applied for "Application to Change Conditions, Extend my Stay, or Remanin in Canada as a Visitor or Temporary Resident Permit Holder" which we selected : "Extend my status as a visitor"

We thought in applying to extend her visitor visa until she decides another program to study.

The factores described in the letter are:

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.

 

[k.h.p.]

Had she not planned to leave Canada after June?

 

[k.h.p.]

Obviously, if her status was expiring, she needed to apply for a status extension. But a status extension doesn't change the expiry of the visa.

If she had always been planning on leaving Canada today (when she got the refusal letter), even if she had been approved, her extension would have ended today because she would have left Canada.

If she has a multiple-entry visa valid until September 2019, she theoretically can leave and enter Canada at any point until September 2019. She cannot study beyond June 30, 2019 because that is when her student permit expires - unless she dropped out of classes months ago, at which point the study permit would have expired earlier.

A "status" is an admission to Canada. You appear as a visitor at a border entry point, and the CBSA officer admits you to Canada. Unless they give you a shorter length of time, you have "status" as a visitor for six months. Near the end of six months, you can apply to extend your status. But if you leave Canada at any point in the timeframe relating to an extension, the extension is done. Because if you leave, you no longer have status in Canada.

If the intention was to give her the ability to leave Canada and re-enter beyond September 2019, she needed a new visa. And I'd have applied for that near the middle or end of July.

But I'm not clear what your intention was. Did she leave today because of status expiring or was it just a trip home?

 

[Jamestoca]

Yes, she has a mulitple-entry visa valid until September; therefore, does she can still come back to Canada without apply new visa before September/2019, right?

Ok, let me make this clear for you. Around two months ago, we bought our flight tickets to go back home for a trip/personal matters. She would be going exactly today(June 4th) and my flight ticket is on June 22nd; thus, we would be meeting back home (Brazil) and then return back to Canada together in July 8th. She did not leave because of the expiring status, she went early for family visit.

The intention was not to leave and re-enter in Canada beyond September/2019 and yes to reaply for perhaps a study permit again but only after she decides which course/program she would take.

PS: I applied for her extension on May 3rd/2019

 

[k.h.p.]

She can come back to Canada before September 2019.

If you applied for the extension on May 3rd, and had intended for her to leave on June 4th, her extension would have expired on June 4th even if it had been granted. I don't know if you needed an extension.

Let me make this clear for you: you apply for a status extension when your status is close to expiring and you will not be leaving Canada. If your status is still valid (you haven't finished classes yet) and you have a multi-entry visa (you can leave and come back and get a new visitor status) and you'll be leaving Canada before your status expires, you don't need an extension.

If she had applied on May 3rd to extend a status that hadn't yet expired, and had planned to leave June 4, any granted extension would expire when she left the country, on June 4. An extension would not extend anything past September - a status extension expires the moment you leave Canada. You apply for a new status when you present yourself to the border POE.

 

[tfeddy2012]

Hello guys,

My girlfriend has a visitor visa that will expire in September/2019. I applied for her extension a month ago and exactly today she got a refusal letter to remain in Canada. She graduated and her study permit will get expired on June 30th. PS. She travelled back home TODAY and surprisingly she got the letter TODAY!

She is planning to stay for a month back home and than come back to Canada next month, in July/2019 (before her visa expires in September/2019) and we want to reaply for the visa extension again because she wants to study another course. Please let me know if is it possible?

Cheers!

Hey Mate -

This is what she should have done -

As an international student , she should have applied and gotten admission for the second course she wants to study and by that she can first apply for a new study permit after which she can apply for the visitors visa referencing her new study permit. Another option for her is to apply for her post graduate work permit but duration depends on how many years of study she did then you can apply for a visitors visa.

 

[Jamestoca]

She can come back to Canada before September 2019.

If you applied for the extension on May 3rd, and had intended for her to leave on June 4th, her extension would have expired on June 4th even if it had been granted. I don't know if you needed an extension.

Let me make this clear for you: you apply for a status extension when your status is close to expiring and you will not be leaving Canada. If your status is still valid (you haven't finished classes yet) and you have a multi-entry visa (you can leave and come back and get a new visitor status) and you'll be leaving Canada before your status expires, you don't need an extension.

If she had applied on May 3rd to extend a status that hadn't yet expired, and had planned to leave June 4, any granted extension would expire when she left the country, on June 4. An extension would not extend anything past September - a status extension expires the moment you leave Canada. You apply for a new status when you present yourself to the border POE.

Wow, I understand now! So the application would have been expired today if been granted anyways!

My situation is different, I'm waiting for my PR which I applied in April/2019 and I still have Work Permit by May/2020.

My gf graduated in March/2019

Thus, now the question is, returning back to Canada on July 8th, will the officer probably give 6 months or will he stamps the date until the day that her visa expires in September (2 months, basically)?

 

[21Goose]

Wow, I understand now! So the application would have been expired today if been granted anyways!

My situation is different, I'm waiting for my PR which I applied in April/2019 and I still have Work Permit by May/2020.

My gf graduated in March/2019

Thus, now the question is, returning back to Canada on July 8th, will the officer probably give 6 months or will he stamps the date until the day that her visa expires in September (2 months, basically)?

The officer can allow her in for six months if he so wishes. It's not mandatory to get entry only till the expiry of the visa. You just have to land with a valid visa.

 

[Jamestoca]

Hey Mate -

This is what she should have done -

As an international student , she should have applied and gotten admission for the second course she wants to study and by that she can first apply for a new study permit after which she can apply for the visitors visa referencing her new study permit. Another option for her is to apply for her post graduate work permit but duration depends on how many years of study she did then you can apply for a visitors visa.

Thanks for your reply. As she graduated in March, she still have not decided which course she would take, actually. But I realized that it would be better to had applied and gotten an admission for any program, at least.... but she still have time by September, right? I'm not sure if they would give her a post graduate work permit because her program was only 1 year. would they?

 

[Jamestoca]

The officer can allow her in for six months if he so wishes. It's not mandatory to get entry only till the expiry of the visa. You just have to land with a valid visa.

Thank you for your reply mate. Sound good! I'm a bit more relieved now because she still be allowed to get back to Canada even though she got a refusal extension letter, and we will have time to figure it out (signing up for her program ASAP) until her visitor visa expires when we get back on July 8th.

 

[tfeddy2012]

Thanks for your reply. As she graduated in March, she still have not decided which course she would take, actually. But I realized that it would be better to had applied and gotten an admission for any program, at least.... but she still have time by September, right? I'm not sure if they would give her a post graduate work permit because her program was only 1 year. would they?

I believe she will still get a 1 year post graduate work permit with her 1 year of study but if you ask me for an advise, i will strongly tell her to get an admission probably for a one more year course ASAP, apply for study permit which will make it a full 2 years of study at the end and she will be eligible for 3 years post graduate work permit. 3 years will give her enough time to get her PR

 

[Jamestoca]

I believe she will still get a 1 year post graduate work permit with her 1 year of study but if you ask me for an advise, i will strongly tell her to get an admission probably for a one more year course ASAP, apply for study permit which will make it a full 2 years of study at the end and she will be eligible for 3 years post graduate work permit. 3 years will give her enough time to get her PR

That would be a great idea ! I dont know why I did not apply to extend her work permit?! I had no idea man, but it still can be possible, correct? Either apply for the post graduate work permit at least to set her valid status in Canada, or apply for another year-program and follow ur suggestions until she gets her PR.