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Visa extension cancellation questions.

Baloo

VIP Member
Nov 30, 2009
4,879
205
Job Offer........
Pre-Assessed..
As the visa extension process can take quite a while, there may be a situation where the applicant has to leave Canada before the paperwork has been started to be processed.

The system allows for this (see below) a refund can be granted, but it raises a few questions.

As the applicant will most likely be leaving after their original official departure date, they will have been in Canada under implied status.
Obviously they can cancel the application and must leave immediately, but how are they then "seen" by immigration?
Have they overstayed because the extension has not been processed at all?
Would the overstay be seen as illegal?
Would this course of action cause any problems with any future PR application?





The processing fee is only refundable if we receive your request (to cancel your application) before processing has begun. Once we have started to process your application, there will be no refunds regardless of the final decision.
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
As I understand it, if you're denied an extension they normally give you 30 days to leave, so if you cancelled the extension you might be allowed a similar amount of time, but I certainly wouldn't risk that.

If you leave while you have implied status, you immediately lose your implied status and I think that's the way you should do it. You can always try to cancel after the applicant has left Canada. It might be too late to cancel then, but it not worth gambling future PR for the sake of saving $75.

In my opinion, the only thing that would cause problems with future PR applications would be not applying for an extension until the visitor status was expired.
 

Selene123

Newbie
Jan 9, 2019
6
1
Hello,

I have a similar situation. I have applied for extension/change of status from worker to visitor before my work permit expired. But I then left the country a week after it expired. After I left, I requested that the application be withdrawn since I no longer needed the extension or implied status. Today I received a response from IRCC asking that I submit the web form for withdrawal once again and confirm that I understand that this will end my implied status.
One phrase stopped me though:
"If you withdraw your application, the Case Processing Centre will consider that no application has been made and you will no longer be on implied status as of the end of the period authorized for your stay."

I interpreted 'the period authorized for my stay' to mean the date my work permit expired.

I am now worried that this might cause problems with IRCC in the future as that week of implied status following the expiry of my work permit might not count. I was under the impression all was in order as long as you turned an application in before the expiry. And there would be a record of this either way.

What should I do?

Please note that I am from a visa exempt country to so technically I should have no problems travelling to Canada and staying as visitor.