+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Temporary resident extension refused

Karl Emil

Newbie
Oct 23, 2016
2
0
I am Swedish and I have been in Canada for the last couple of years, on and off, as part of my PhD is being done here. Since my salary is from back home I have never needed a work permit and I am visa exempt. I live here with my partner who is Canadian.

So to my problem. I have temporary resident status (visitor visa), as I stay longer than six months at a time, and when I went across the border to the States about a month two months ago, to try to renew it, I was not able to as I still had two more days left on it. I came back late and on the day my status was expiring I sent an online application to get it extended. This Friday I received a letter stating that my extension was refused. I am going back home to Sweden on Wednesday as I need to attend a committee meeting and then I will return to Canada 10 days later. So I wonder if I should try to restore my status, I will not have an answer prior to being back, or should I simply just try to enter as a visitor again. I will only stay for an additional 5 moths?

Thanks for any help
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
There is no point restoring your status since the application will be canceled as soon as you leave Canada. Restoring your status only works if you plan to remain in Canada without leaving.

FYI - It sounds like you've been spending a great deal of time living in Canada as a visitor which can be problematic for CBSA officers. While you are visa exempt, this does not allow you to effectively live in Canada as a visitor. When you return, I would bring plenty of evidence to show strong ties to your home country and to demonstrate that you will be leaving in five months.
 

CaroM8

Hero Member
Feb 26, 2015
818
85
Ottawa
Category........
FAM
Visa Office......
Mexico City
App. Filed.......
26/09/2016
AOR Received.
20/10/2016 - SA:25/10/2016 - AOR2: 22/12/16
File Transfer...
25/10/2016
Med's Done....
Upfront
Passport Req..
11-10-2017
LANDED..........
14-11-2017
It will be up to the CBSA officer if he lets you in again or not. Even if you are visa exempt, they can still refuse entry if they think you are not a genuine visitor. Bring lots of proof!
 

Karl Emil

Newbie
Oct 23, 2016
2
0
Thank you both for your replies.
I understand that it might look suspicious as I have spent a great deal of time in Canada. However, I do go back home at least twice a year and leave the country on multiple occasions due to meetings etc. It has been a couple of interesting years as a visiting scholar with a salary from abroad that is not in need of a work permit.
I hope that having my contract from back home, a signed document from my University saying I am still a PhD student there and a return ticket will be evidence enough for the CBSA officer. I haven not had any problems at the border.
 

pfse

Hero Member
Mar 20, 2014
726
38
Karl Emil said:
Thank you both for your replies.
I understand that it might look suspicious as I have spent a great deal of time in Canada. However, I do go back home at least twice a year and leave the country on multiple occasions due to meetings etc. It has been a couple of interesting years as a visiting scholar with a salary from abroad that is not in need of a work permit.
I hope that having my contract from back home, a signed document from my University saying I am still a PhD student there and a return ticket will be evidence enough for the CBSA officer. I haven not had any problems at the border.
If you're still PhD student in Canada, I guess, border officer may ask you for proper study permit, as you can't study in Canada w/o study permit (if term of study is longer then 6 months). Also, I'm not sure if you aware, but if you stay in Canada for 183 days or more you are considered as deemed resident and must report your world income.