Residence refused but I have vistor status

[chenzar]

We applied in Dec 2015 for residence under Humanitarian and Compassionate grounds ( I have 14 years in Canada with 6 months periods).
My kids dont not have enough income to sponsor us, but we have money to cover our expenses.

Our application was rejected in Dec 16,2016 and receive a letter the first day this year. Of course is sad for us dont get the residence but what is worry mo is the paragraph that says:

"You are presently in Canada without status. Consequently, you must leave Canada" Should you fail to comply with this requirement, you maybe the subject of a removal order."

1) This is wrong I have a visitor status until March 1, 2017 (my last entrance is Sep 03, 2017).
2) I call immigration and they told me that they didn't update my records(I suppose last entrance) that's why I received the letter is these terms.
3) I told them I was thinking to extend my stay but I didn't what to do. they told me apply right away.

I need some help here we are grandparents. our kids and grand-kids are in Canada we don't want be away from them.
What can you suggest I must do

Thanks for your support

Chen Zarza

 

[scylla]

You need to leave Canada - ideally within 30 days. If you don't leave Canada as instructed, you can expect to be issued with a departure or even deportation order and eventually be forced to leave. Once that happens, it will be much more difficult to return in the future.

Your best option is to leave as soon as possible as you have been instructed to do and then remain outside of Canada for a while (at least 8 months to establish ties to your home country). At that point you can apply to return on another TRV.

Extending your stay is not the right option since you've been instructed to leave and since you're already out of status (you can't apply to extend your visit if you are already out of status).

 

[chenzar]

Extending your stay is not the right option since you've been instructed to leave and since you're already out of status (you can't apply to extend your visit if you are already out of status).

I'm not out of status, I'm visitor status until march 03,2017. The problem is Immigration didn't update my last entrance. They accepted they didn't update and they ask me to apply for an extension right away.

 

[scylla]

I'm not out of status, I'm visitor status until march 03,2017. The problem is Immigration didn't update my last entrance. They accepted they didn't update and they ask me to apply for an extension right away.

Regardless, your best option is still to leave Canada for a while after a failed H&C claim rather than applying for an extension. You've been spending a great deal of time in Canada as a visitor (11 months out of 12 if I understand correctly). That's too much time in Canada and not enough outside of Canada. Your failed H&C claim complicates things further. Best bet is to spend some time outside of Canada before attempting to return if being able to travel as a visitor to Canada in the future is a priority for you.

Of course you're free to apply for an extension if that's what you want to do. I think it will make the situation worse rather than better unfortunately.

Good luck no matter what you decide to do.

 

[Naheulbeuck]

They accepted they didn't update and they ask me to apply for an extension right away.

Unfortunately call center agents do not always provide the best information. In your situation, you need to consider the long term prospects for your family.

Applying for an extension would at best (best case scenario where it is approved) provide you with short term relief of staying with your family for another few months, but would ultimately only make it harder for you to come back to Canada once that extension expires.

As Scylla mentioned, you clearly indicated intent to remain in Canada by applying for PR under H&C, you also stayed for almost an entire year in Canada, if you got an extension and stayed, it would make it harder to come back to Canada any time soon after that extension expired.

Now if the extension is rejected, it will only be worse.

Furthermore if they consider (despite what the agent said) that you are out of status, it will make it extremely hard for you to ever return if you do not comply.

Complying, as recommended by Scylla, will offer the worst short term outcome but by far the best long term outcome as it will indicate a willingness to leave Canada when instructed and to not overstay, therefore giving you better chances for future visitor visas.

 

[chenzar]

I have a ticket to return back to my country on Feb 11, 2017. If I dont apply for extensions is ok if to go back in that date?. I have some things to do that take 3-4 weeks...

thanks