Refused. When To Apply For Restoration Of Status >> Common Law

[tony.harris]

Hi all my visitor visa extension was refused in mid May. Then we found out we’re eligible for common law, so me and my partner have been working on putting together the application (she’s canadian sponsoring me). Lawyers said i have 3 months to apply for restoration from the date of receiving my refusal so haven’t applied for yet since we needed more time to gather common law documents for restoration reasoning/proof.

But i don’t want to apply for restoration too late into the 3 months, when do you think is a good time to apply for restoration? Should i send it along with our common law visa application which will be complete in 2-3 weeks? So there’s good reasoning/proof.

Or maybe do apply for restoration asap? Just pay the common law fee’s early and send those in as proof.

Let us know, thanks

 

[Joeydocs]

What was the reason for refusal?

 

[tony.harris]

No specific reason, it was generic it just said that there may be a variety of reasons that an extension may be refused and listed some reasons

 

[Joeydocs]

No specific reason, it was generic it just said that there may be a variety of reasons that an extension may be refused and listed some reasons

Order gcms notes. You can see the officers reasoning for refusal and that will help you address any concerns they might have in your restoration app.

 

[tony.harris]

Order gcms notes. You can see the officers reasoning for refusal and that will help you address any concerns they might have in your restoration app.

Thanks

Though I’m pretty sure I know the reasoning , it’s like the 5th visitor visa extension I applied for (all previous 4 being approved).

To be clear, my marital status has changed since applying for extension, we became common law in January, and applied for the extension in December right before my visitor visa expired. I didn’t mention my partner since it wasn’t relevant.

I only recently found out about the common law visa . And with the pandemic I can’t just leave my partner as we pay rent together, which will be the reasoning in the restoration.

I’m just curious as to when I should be applying for the restoration before my Common Law application is sent or at the same time?

Thanks

 

[kmychan]

@tony.harris my partner and I are in the same position. Will you do this yourself or will you hire a lawyer/consultant?

 

[Joeydocs]

@tony.harris my partner and I are in the same position. Will you do this yourself or will you hire a lawyer/consultant?

what were you refused for ?

 

[kmychan]

@Joeydocs for visitor extension.

 

[Joeydocs]

@Joeydocs for visitor extension.

Order gcms notes to see the officers reason for refusing your application that way when you apply for restoration you can address any concerns they might have regarding your case.

 

[kmychan]

Order gcms notes to see the officers reason for refusing your application that way when you apply for restoration you can address any concerns they might have regarding your case.

@Joeydocs Thank you for your suggestion. Do you know the link to get the gcms notes? How long do I have to wait for it? I really appreciate your help.

 

[Joeydocs]

@Joeydocs for visitor extension.

I highly recommend you do this. The notes are detailed and explain everything about the officers conclusions when making a decision on your app.

 

[Joeydocs]

@tony.harris my partner and I are in the same position. Will you do this yourself or will you hire a lawyer/consultant?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

 

[Joeydocs]

@Joeydocs Thank you for your suggestion. Do you know the link to get the gcms notes? How long do I have to wait for it? I really appreciate your help.

After they send your the notes let me know what they say if you feel comfortable posting it publicly.

 

[kmychan]

@Joeydocs I will try to apply for it and let you know. Thank you.

 

[Bornlucky]

Thanks

Though I’m pretty sure I know the reasoning , it’s like the 5th visitor visa extension I applied for (all previous 4 being approved).

To be clear, my marital status has changed since applying for extension, we became common law in January, and applied for the extension in December right before my visitor visa expired. I didn’t mention my partner since it wasn’t relevant.

I only recently found out about the common law visa . And with the pandemic I can’t just leave my partner as we pay rent together, which will be the reasoning in the restoration.

I’m just curious as to when I should be applying for the restoration before my Common Law application is sent or at the same time?

Thanks

Hi there - since you no longer have status in Canada you'd be well advised to carry something that says that you've applied for restoration. While it isn't likely to happen, you could be arrested, detained and removed without much trouble or paperwork for the CBSA inland officer.

People without legal status in Canada are easy pickings but if you can show that you're actively pursuing a return to legal visitor's status then they might not cuff you up and haul you away. Having an enforcement file and a removal order will submerge you into a significant immigration morass as you try to return to Canada, and you can expect to add year(s) to the process, so that's the possible downside of waiting to fix your current illegality.

Good luck