Visitor extension refused - what to do now?

[canadiantica15]

Thanks canadiantica15... How did that work out for you? Have you received any word on your PR app? How did you submit your 2016 NOA, presuming you have, email?

I held out thinking it would only be 7-10 days (regular time for NOA generation) but now its just got stupid and i have lost 2 months, he did submit his taxes a little late but still. Its just that its late not to have his NOA, but as you said, my reason for not having it is totally genuine.

They never asked for my 2016 NOA and I got DM almost 2 weeks ago just waiting for PPR. From what I can see the new checklist seems accommodating to some missing documents as long as you have a written explanation. Just assure them you will submit 2016 NOA as soon as it appears on your account online or in the mail. I had to do this because I filed paper and it took 10+ weeks to receive, I couldn't wait around.

 

[canuck_in_uk]

Thanks KBH. I really think thats what im going to have to do if we dont get it this week..we cant keep waiting... Just on top of that i have to figure out my refusal options.. Stress city over here..

You need to apply for Restoration of Status.

Are you applying for PR inland or outland?

 

[WeegieInOttawa]

You need to apply for Restoration of Status.

Are you applying for PR inland or outland?

Thanks Canuck.. I was hoping you would pop in!

I plan to apply Outland. Scenario as to why I haven't yet applied in my original post.

 

[screech339]

You need to apply for Restoration of Status.

Are you applying for PR inland or outland?

The issue is that the OP has been denied an extension before they even submitted their PR application. Applying for a restoration of status seems fruitless considering that the OP did not fail to comply with immigration status or was not denied an extension. OP now has a record of being denied an extension.

 

[Oldmacwright]

Simular sort of thing happened to my wife, we now have an inland spousal app in recently however she is out of status so we are just hoping it goes through ok. We weren't too knowledgeable about the immigration processes at the time and missed the chance to restore her status, we got in bit of mess at what to do, we just don't want to be apart.

I think you get 90 days to apply for restoration but I'm not sure if this is from the date your existing visitor record expired or is from the date you got the refusal? If it's the latter this buys you quite a bit of time. I wonder would it be better to get the sponsorship app in first and then apply for restoration, or better to try to restore status first and then get the sponsorship app in?

 

[WeegieInOttawa]

Simular sort of thing happened to my wife, we now have an inland spousal app in recently however she is out of status so we are just hoping it goes through ok. We weren't too knowledgeable about the immigration processes at the time and missed the chance to restore her status, we got in bit of mess at what to do, we just don't want to be apart.

I think you get 90 days to apply for restoration but I'm not sure if this is from the date your existing visitor record expired or is from the date you got the refusal? If it's the latter this buys you quite a bit of time. I wonder would it be better to get the spousal app in first and then apply for restoration, or better to try to restore status first and then get the spousal app in?

Thanks oldmacwright.. Did you include a restoration of status app with your inland app? I read somewhere that if you are out of status you have to go Outland that may have been old info though and I planned to do Outland anyway so didnt read on.

I had the same "wondering" about the 90 days and the best way to do it (thats if I can can even apply for restoration of status!) And I had also seen that you can do both at the same time..so send the restoration app in the same "package" as the PR app.

 

[screech339]

Simular sort of thing happened to my wife, we now have an inland spousal app in recently however she is out of status so we are just hoping it goes through ok. We weren't too knowledgeable about the immigration processes at the time and missed the chance to restore her status, we got in bit of mess at what to do, we just don't want to be apart.

I think you get 90 days to apply for restoration but I'm not sure if this is from the date your existing visitor record expired or is from the date you got the refusal? If it's the latter this buys you quite a bit of time. I wonder would it be better to get the spousal app in first and then apply for restoration, or better to try to restore status first and then get the spousal app in?

The OP is best to get their application in first. The OP can be out of status while PR application is in process, assuming they are applying inland. If they are applying outland, the application has no bearing on the OP's status. It becomes independent of each other since the PR application can still continue regardless of what status the OP has.

 

[Oldmacwright]

Thanks oldmacwright.. Did you include a restoration of status app with your inland app? I read somewhere that if you are out of status you have to go Outland that may have been old info though and I planned to do Outland anyway so didnt read on.

I had the same "wondering" about the 90 days and the best way to do it (thats if I can can even apply for restoration of status!) And I had also seen that you can do both at the same time..so send the restoration app in the same "package" as the PR app.

No we were well past the 90 days so have the inland app in with my wife having no status, we are married a couple of years so going the spousal sponsorship route, not sure if that makes any difference to common law but seems people are still getting PR approved whilst out of status. I read inland was the way to go when out of status in case you get called for an interview, as if you go outland you will have to travel out of Canada to the VO you applied outland for the interview so getting back into Canada could/would be a problem.

You still have time to sort things out before any out of status issues.

 

[WeegieInOttawa]

No we were well past the 90 days so have the inland app in with my wife having no status, we are married a couple of years so going the spousal sponsorship route, not sure if that makes any difference to common law but seems people are still getting PR approved whilst out of status. I read inland was the way to go when out of status in case you get called for an interview, as if you go outland you will have to travel out of Canada to the VO you applied outland for the interview so getting back into Canada could/would be a problem.

You still have time to sort things out before any out of status issues.

But I am now technically already out of status I think.

 

[Oldmacwright]

But I am now technically already out of status I think.

I guess if you stay and choose not to apply to restore status within 90 days. As screech said I would get your sponsor app in ASAP, then apply for a restoration off the back of that, would seem pretty harsh if they don't approve an extension with the sponsorship app in. You still have the chance to maintain a legal status and not get into the sticky situation some of us get into.

 

[WeegieInOttawa]

I guess if you stay and choose not to apply to restore status within 90 days. As screech said I would get your sponsor app in ASAP, then apply for a restoration off the back of that, would seem pretty harsh if they don't approve an extension with the sponsorship app in. You still have the chance to maintain a legal status and not get into the sticky situation some of us get into.

I would definitely need to restore my status at some point though..i wouldnt want to let that slide past 90 days. I just want to put myself in the best position possible without jeopardizing anything with my PR app, future travel or the rest of my life! Thats why i thought sending both at the same time maybe.

 

[canuck_in_uk]

The issue is that the OP has been denied an extension before they even submitted their PR application. Applying for a restoration of status seems fruitless considering that the OP did not fail to comply with immigration status or was not denied an extension. OP now has a record of being denied an extension.

I don't understand your post. Applying for Restoration is not fruitless and people who are refused extensions can still apply and be approved for Restoration.

 

[canuck_in_uk]

I would definitely need to restore my status at some point though..i wouldnt want to let that slide past 90 days. I just want to put myself in the best position possible without jeopardizing anything with my PR app, future travel or the rest of my life! Thats why i thought sending both at the same time maybe.

You can't send the Restoraion app and PR app together when applying outland.

Submit the PR app and then apply for Restoration with proof of the submitted PR app.

 

[screech339]

I don't understand your post. Applying for Restoration is not fruitless and people who are refused extensions can still apply and be approved for Restoration.

Have there been actual cases whereby the status has been restored to applicants after officially been denied extension?

There is a different between being out of status due letting your status lapse on it own (willfull or not) and being out of status due to denied extension.

 

[Aquakitty]

Have there been actual cases whereby the status has been restored to applicants after officially been denied extension?

There is a different between being out of status due letting your status lapse on it own (willfull or not) and being out of status due to denied extension.

What was the refusal reason? I don't think I saw it in OP's posts.

It's possible it will be restored, definitely a better chance once the PR app is in. Maybe include a plane ticket reservation for home for the end of whatever time you were requesting.