Urgent-Visitor extension refused while preparing sponsorship app

[princessofmylife]

Hi Everyone. I need advice about my friends situation pls :
They got married while waiting for visitor visa extension. Cic refused the visitor visa extension asking him to leave the country by the end of November. They were going to apply for inland sponsorship. What are their options now?


Thank you

 

[scylla]

They can still apply inland - but it's not going to be as easy a process.

Since he's out of status, he won't be able to benefit from the open work permit pilot and will have to wait a lot longer to qualify for an open work permit. There's also some chance (although probably unlikely) that CBSA could decide to remove him from Canada which would effectively cancel his inland application and force him to apply again from scratch using the outland process.

I would leave Canada as instructed and apply outland. That's the smart thing to do.

 

[princessofmylife]

They can still apply inland - but it's not going to be as easy a process.

Since he's out of status, he won't be able to benefit from the open work permit pilot and will have to wait a lot longer to qualify for an open work permit. There's also some chance (although probably unlikely) that CBSA could decide to remove him from Canada which would effectively cancel his inland application and force him to apply again from scratch using the outland process.

I would leave Canada as instructed and apply outland. That's the smart thing to do.

Would a restoration of status be an option? Can they apply outland while waiting for restoration of status?

 

[scylla]

Sure - restoration is certain an option. I would be expecting a refusal thought. Most likely the restoration will just buy a bit more time in Canada but eventually he will have to return home.

He didn't receive a departure order, did he? That would change things significantly.

 

[princessofmylife]

Sure - restoration is certain an option. I would be expecting a refusal thought. Most likely the restoration will just buy a bit more time in Canada but eventually he will have to return home.

He didn't receive a departure order, did he? That would change things significantly.

I am not sure if that is the departure order but the letter says to leave Canada by November 21st. How does this change the things?

 

[scylla]

I am not sure if that is the departure order but the letter says to leave Canada by November 21st. How does this change the things?

He needs to verify if it's a departure order or not. It probably isn't - but he needs to be sure. A departure order is a specific form (IMM 5238). If it is a departure order, he needs to leave before the date specified and forget about trying to stay. Otherwise it will automatically turn into a deportation order in 30 days which will make him removable from Canada. Additionally, it will mean he will now need to go through the ARC process to obtain PR which will add money and significant time to the process.

 

[princessofmylife]

He needs to verify if it's a departure order or not. It probably isn't - but he needs to be sure. A departure order is a specific form (IMM 5238). If it is a departure order, he needs to leave before the date specified and forget about trying to stay. Otherwise it will automatically turn into a deportation order in 30 days which will make him removable from Canada. Additionally, it will mean he will now need to go through the ARC process to obtain PR which will add money and significant time to the process.

Thank you for your help. I appreciate it a lot. The departure confirmation form is IMM 5021. The reasons the immigration officer says : 1 I am satisfied that the purpose of your visit has been fulfilled.2 I am not satisfied that you would leave Canada at the end of your authorized period of stay. Also says after : you are required to leave Canada by 21 November 2015. Failure to depart Canada may result in enforcement action. If you fail to confirm your departure from Canada enforcement action to remove you from Canada will result. So does he have to leave or can he apply for restoration and in the meantime to send an outland sponsorship app? And what reason can he put in the restoration form? because the immigration officer wrote that this application is closed and he can re-apply if his conditions changes significantly?

 

[scylla]

I'm not familiar with that IMM form number. However based on the text of that letter - he needs to do as he's been told and leave.

 

[sashali78]

I'm not familiar with that IMM form number. However based on the text of that letter - he needs to do as he's been told and leave.

It is a voluntary departure form which he needs to present upon leaving to CBSA - so it means he was not ordered yet. But as you mentioned, the safest way is to leave and apply outland unless there are other considerations for the OP which make them take the risks for applying inland.

 

[Kay1976]

Has anyone applied for inland spousal sponsorship with an active peace bond and got through with their PR? I am aware that it is not a conviction and therefore it does not make you inadmissible but just wanted to know the success rate on that. Thanks for the infor.

 

[canuck78]

Has anyone applied for inland spousal sponsorship with an active peace bond and got through with their PR? I am aware that it is not a conviction and therefore it does not make you inadmissible but just wanted to know the success rate on that. Thanks for the infor.

Is the peace bond related to a crime involving one spouse against the other?

 

[Kay1976]

Well it’s domestic assault between the two partners and they were withdrawn hence the reason for the peace bond. It’s only states to keep the peace especially with the persons name. That’s it.

 

[canuck78]

Well it’s domestic assault between the two partners and they were withdrawn hence the reason for the peace bond. It’s only states to keep the peace especially with the persons name. That’s it.

Was there a no contact order with the peace bond?

 

[Kay1976]

Yes there was a temporary no contact order initially but we are leaving together as a couple again. We were given the permission by the crown to do so. The no contact order was withdrawn even before I got the peace bond because I had completed 8 sessions of the PAR program and to complete would be 12 sessions. Right after completion I signed my peace bond.

 

[canuck78]

Yes there was a temporary no contact order initially but we are leaving together as a couple again. We were given the permission by the crown to do so. The no contact order was withdrawn even before I got the peace bond because I had completed 8 sessions of the PAR program and to complete would be 12 sessions. Right after completion I signed my peace bond.

This is quite an unusually situation so would
recommend consulting a lawyer