Visitor Record Refused

[Tinman22]

Hi,

Sorry if my explaining is a bit jumbled as I am just going through stuff but I'll try to keep it to the point.

My Visitor Record was refused by an officer on the basis of,
"1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the
requirements of the Act and Regulations"

I've been staying in Canada for more than 7 years, came here before I turned 18 couldn't hack the normal TR to PR path and failed along the way. Thinking about it, I should've done something about it the first year I was here, cause I had a feeling since then that my inadequacy would lead to my downfall, but I kept burying these thoughts deep within me so I could let the future me deal with it. And well it's time for the future me to face the music.

I didn't initially wanted to go back (after I failed) because my parents were trying to set me up for a marriage, and I am not interested in any kind of partner like that. Even when I explained that I don't see myself being in relationship, I had to endure their long explanation about it's the natural way of life and how I have a duty. Dodging this (and the guilt of not succeeding) I stayed here in Canada.

My living arrangement was to take care of my maternal Grandfather's new house (which I'm set to inherit after his passing). For the last 3 years, I've paid for every tax and utility while being the primary resident of the house, I even built the deck and backyard fences of the house. Leaving all this behind is going to be heartache and then some.

Back to the point, I've come to the realization that I will have no agency once I go back to India. I've no documents or any other legal identity besides my original passport. No bank account, or any place to stay as there is a very good chance of me getting kicked out by my parents.

I'm 25M, and I am so lost on what to do. I do want to appeal the refusal but I don't know where to start, as from what basic research I've done I know that IRCC won't change the decision.

Any advice is welcome, thank you!

 

[forevermore76]

Hi,

Sorry if my explaining is a bit jumbled as I am just going through stuff but I'll try to keep it to the point.

My Visitor Record was refused by an officer on the basis of,
"1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the
requirements of the Act and Regulations"

I've been staying in Canada for more than 7 years, came here before I turned 18 couldn't hack the normal TR to PR path and failed along the way. Thinking about it, I should've done something about it the first year I was here, cause I had a feeling since then that my inadequacy would lead to my downfall, but I kept burying these thoughts deep within me so I could let the future me deal with it. And well it's time for the future me to face the music.

I didn't initially wanted to go back (after I failed) because my parents were trying to set me up for a marriage, and I am not interested in any kind of partner like that. Even when I explained that I don't see myself being in relationship, I had to endure their long explanation about it's the natural way of life and how I have a duty. Dodging this (and the guilt of not succeeding) I stayed here in Canada.

My living arrangement was to take care of my maternal Grandfather's new house (which I'm set to inherit after his passing). For the last 3 years, I've paid for every tax and utility while being the primary resident of the house, I even built the deck and backyard fences of the house. Leaving all this behind is going to be heartache and then some.

Back to the point, I've come to the realization that I will have no agency once I go back to India. I've no documents or any other legal identity besides my original passport. No bank account, or any place to stay as there is a very good chance of me getting kicked out by my parents.

I'm 25M, and I am so lost on what to do. I do want to appeal the refusal but I don't know where to start, as from what basic research I've done I know that IRCC won't change the decision.

Any advice is welcome, thank you!

Your visitor record was rejected because you are clearly not a visitor. Appealing or reapplying will likely give you same result.

You need to establish what your basis of stay is, like student or worker and then apply appropriately. If none of those apply, you will have to leave Canada. Applying for restoration would also be necessary as your current rejection has very likely left you out of status. Good luck.

 

[Tinman22]

Your visitor record was rejected because you are clearly not a visitor. Appealing or reapplying will likely give you same result.

You need to establish what your basis of stay is, like student or worker and then apply appropriately. If none of those apply, you will have to leave Canada. Applying for restoration would also be necessary as your current rejection has very likely left you out of status. Good luck.

Yeah, I don't see myself getting a Letter of Acceptance from any Uni within the next two weeks. And I don't believe I can convince someone to hire me to help me get a work permit that would be valid for IRCC standards.

Correct me, but is it within 30 days of my refusal letter that I must leave the country? I don't even know where to start.

 

[scylla]

Hi,

Sorry if my explaining is a bit jumbled as I am just going through stuff but I'll try to keep it to the point.

My Visitor Record was refused by an officer on the basis of,
"1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the
requirements of the Act and Regulations"

I've been staying in Canada for more than 7 years, came here before I turned 18 couldn't hack the normal TR to PR path and failed along the way. Thinking about it, I should've done something about it the first year I was here, cause I had a feeling since then that my inadequacy would lead to my downfall, but I kept burying these thoughts deep within me so I could let the future me deal with it. And well it's time for the future me to face the music.

I didn't initially wanted to go back (after I failed) because my parents were trying to set me up for a marriage, and I am not interested in any kind of partner like that. Even when I explained that I don't see myself being in relationship, I had to endure their long explanation about it's the natural way of life and how I have a duty. Dodging this (and the guilt of not succeeding) I stayed here in Canada.

My living arrangement was to take care of my maternal Grandfather's new house (which I'm set to inherit after his passing). For the last 3 years, I've paid for every tax and utility while being the primary resident of the house, I even built the deck and backyard fences of the house. Leaving all this behind is going to be heartache and then some.

Back to the point, I've come to the realization that I will have no agency once I go back to India. I've no documents or any other legal identity besides my original passport. No bank account, or any place to stay as there is a very good chance of me getting kicked out by my parents.

I'm 25M, and I am so lost on what to do. I do want to appeal the refusal but I don't know where to start, as from what basic research I've done I know that IRCC won't change the decision.

Any advice is welcome, thank you!

There's no easy or clear path for you here, apart from leaving Canada.

It's not surprising the visitor record was refused. You are essentially living in Canada in visitor status which is not allowed and which is regarded as an abuse of the visitor privilege. Now that the visitor record has been refused, you are in Canada without status/illegally. I don't see any point in attempting to restore your status back to visitor. You'll just end up with another refusal. And I don't see under what grounds you would appeal this refusal. You were correctly refused.

Neither a work permit or study permit is possible for you from within Canada and especially without status.

You could attempt to apply for PR through H&C. The downsides of this are that processing times are very long, approval rates are low, and this doesn't stop IRCC from removing you from Canada should they chose to do so.

Unfortunately you've planned extremely poorly and this has caught up to you. I mean you must have known something like this was going to happen sooner or later.

 

[scylla]

Yeah, I don't see myself getting a Letter of Acceptance from any Uni within the next two weeks. And I don't believe I can convince someone to hire me to help me get a work permit that would be valid for IRCC standards.

Correct me, but is it within 30 days of my refusal letter that I must leave the country? I don't even know where to start.

Yes, you should leave within 30 days.

Applications for work permits are no longer possible from within Canada. Plus the employer would need to get an approved LMIA before you can even apply for the work permit. This takes many months, if you are lucky enough to find an employer.

 

[Tinman22]

Unfortunately you've planned extremely poorly and this has caught up to you. I mean you must have known something like this was going to happen sooner or later.

Yes. Can't agree with this sentiment any stronger. Under the not knowing mentality of if I want to live the next few months or not always gave me the false bravado of "oh, it's only a few months and then I won't have to deal with it anymore."

2 years of going in circle, and now I'm back at the same point.

Thanks you for your help nonetheless.

 

[scylla]

Yes. Can't agree with this sentiment any stronger. Under the not knowing mentality of if I want to live the next few months or not always gave me the false bravado of "oh, it's only a few months and then I won't have to deal with it anymore."

2 years of going in circle, and now I'm back at the same point.

Thanks you for your help nonetheless.

IMO you have only two real options.

One is to leave Canada.

The other is to attempt to apply for PR under H&C knowing this is a very uncertain path.

 

[canuck78]

Would add you can get emergency travel documents from the Indian consulate/embassy in Canada. What do you mean that you are the primary resident of the home where are your grandparents? It appears that you overstayed as a visitor and never had the ability to work in Canada either. As a young single man who appears to at least have parents in India an H&C application will be very challenging.

 

[Tinman22]

Would add you can get emergency travel documents from the Indian consulate/embassy in Canada. What do you mean that you are the primary resident of the home where are your grandparents? It appears that you overstayed as a visitor and never had the ability to work in Canada either. As a young single man who appears to at least have parents in India an H&C application will be very challenging.

I know about the former, thank you for the reminding me again. Grandmother has long since passed, and Grandfather usually stays with his eldest (my uncle). My sister also stays with me, she is on WP, and has very excellent chance of getting her PR within this year.

The situation with my parents is very challenging. The same mental demons that I have been dealing have been plaguing my father. I'm sorry but I don't want to delve into that more deeper right now. But staying with them is not a option for me, and leaving my sister behind would likely end up doing the same damage.

 

[canuck78]

I know about the former, thank you for the reminding me again. Grandmother has long since passed, and Grandfather usually stays with his eldest (my uncle). My sister also stays with me, she is on WP, and has very excellent chance of getting her PR within this year.

The situation with my parents is very challenging. The same mental demons that I have been dealing have been plaguing my father. I'm sorry but I don't want to delve into that more deeper right now. But staying with them is not a option for me, and leaving my sister behind would likely end up doing the same damage.

She is an adult on a WP so she is expected to be able to live independently plus she is not alone in Canada she has extended family. Have you not had status in Canada? The fact that your grandfather doesn’t live with you and has other family members that he stays makes H&C even less likely. Why could you not live on your own in your home country? You are a man in your mid20s. Have you been living in Canada without status for 6.5 years?

 

[Tinman22]

She is an adult on a WP so she is expected to be able to live independently plus she is not alone in Canada she has extended family. Have you not had status in Canada? The fact that your grandfather doesn’t live with you and has other family members that he stays makes H&C even less likely. Why could you not live on your own in your home country? You are a man in your mid20s. Have you been living in Canada without status for 6.5 years?

I've been living with legal status in Canada for 7 years and 3 months. My visitor record was only refused recently.

I have no agency or any documents for my country of origin besides my passport, and if I am not wrong I would only be able to take limited amount of money that's in my Canadian Bank account as cash for I've no Indian Bank account. Starting over with the limited vocabulary back in a country that I don't even remember much of... well I'm dreading that, and also how my father would react to that (self-harm being the primary concern).

The very stupid part of me would rather use my money to pay this years property taxes (as our region is facing 11% increase this year) and utility (and other) bills in advance than use the money on myself, knowing full well that I won't hack life much long back there.

 

[canuck78]

I've been living with legal status in Canada for 7 years and 3 months. My visitor record was only refused recently.

I have no agency or any documents for my country of origin besides my passport, and if I am not wrong I would only be able to take limited amount of money that's in my Canadian Bank account as cash for I've no Indian Bank account. Starting over with the limited vocabulary back in a country that I don't even remember much of... well I'm dreading that, and also how my father would react to that (self-harm being the primary concern).

The very stupid part of me would rather use my money to pay this years property taxes (as our region is facing 11% increase this year) and utility (and other) bills in advance than use the money on myself, knowing full well that I won't hack life much long back there.

You have even less documentation for Canada. You can take as much cash out of Canada as you want as long as you can prove how you obtained it. You can also do electronic transfers. Do you live in a small country if not how would your father know your location? Can you prove that your life is at risk? That there is no safe place in your home country? That you have sought protection but it wasn’t available? If that was the case why did you not apply for asylum on arrival? It is a minor miracle that your visitor record got extended to so many times although Covid certainly helped and so did the lax immigration policies. Assume you likely worked illegally during your visit which doesn’t help your case. You essentially have 2 options as @scylla specified and none of them lead to great odds of remaining in Canada.

 

[Tinman22]

You have even less documentation for Canada. You can take as much cash out of Canada as you want as long as you can prove how you obtained it. You can also do electronic transfers. Do you live in a small country if not how would your father know your location? Can you prove that your life is at risk? That there is no safe place in your home country? That you have sought protection but it wasn’t available? If that was the case why did you not apply for asylum on arrival? It is a minor miracle that your visitor record got extended to so many times although Covid certainly helped and so did the lax immigration policies. Assume you likely worked illegally during your visit which doesn’t help your case. You essentially have 2 options as @scylla specified and none of them lead to great odds of remaining in Canada.

Nothing illegal here. I don't have a bone in me that could do even a minor infraction.

I feel ashamed to even think about asylum, especially after I kept hearing how people are falsifying documents and applying to that stream. Even thinking about it amplifies my Imposter Syndrome. The only life risk would be self, both from me and my father. I am not scared of him, but for him. He has already given me enough reason to doubt his mental state.

I should have left after my 3rd year but I got stuck due to the pandemic, and when that was over, my grandfather gave me the home and my sister came here for her studies. And I was given the responsibility to look after and cultivate this new home and take care of my sister, all this during the second lockdown.

Sorry for info dumping, and thank you for trying to guide me through this.

Just to dot my i's & clear my t's, if I even were to try my chances with PR via H&C, how would I even go to restore my status under a valid reason? I am only giving myself until this weekend to make a decision.

Again, Thank you.

 

[scylla]

Nothing illegal here. I don't have a bone in me that could do even a minor infraction.

I feel ashamed to even think about asylum, especially after I kept hearing how people are falsifying documents and applying to that stream. Even thinking about it amplifies my Imposter Syndrome. The only life risk would be self, both from me and my father. I am not scared of him, but for him. He has already given me enough reason to doubt his mental state.

I should have left after my 3rd year but I got stuck due to the pandemic, and when that was over, my grandfather gave me the home and my sister came here for her studies. And I was given the responsibility to look after and cultivate this new home and take care of my sister, all this during the second lockdown.

Sorry for info dumping, and thank you for trying to guide me through this.

Just to dot my i's & clear my t's, if I even were to try my chances with PR via H&C, how would I even go to restore my status under a valid reason? I am only giving myself until this weekend to make a decision.

Again, Thank you.

Asylum based on a possible fear of one individual is not going to be approved. Don't go down that path. Document falsification and a false refugee claim will get you a five year ban from Canada and will make it extremely difficult to return in the future, even once the ban is over. I don't know what this has to do with imposter syndrome. You either have a valid refugee claim or you don't. Your fear of your father is not a valid refugee claim and has no chance of approval. He hasn't acted violently towards you in a way where you have gotten the police in our home county involved and they haven't been able to help you. Additionally, IRCC will say you can simply return to your home country, make no contact with your parents, and live in another part of the country. There are no grounds for an asylum claim.

FYI - Building the deck and fence and taking care of the home can be classified as working illegally in Canada while here as a visitor. While you were not paid a salary, you were allowed to live in the house in return. Same applies to taking care of your sisters. You should be aware of what perspective IRCC and CBSA may have of these activities. They may likely view them as violations of the conditions of your stay.

If you pursue the path of H&C, you would need to do this without status in Canada. There wouldn't be a means of restoring your status. You would simply apply for H&C without status in Canada, remain in Canada illegally, and hope CBSA doesn't remove you before you have a decision in the application.

Good luck with the decision.

 

[Tinman22]

Asylum based on a possible fear of one individual is not going to be approved. Don't go down that path. Document falsification and a false refugee claim will get you a five year ban from Canada and will make it extremely difficult to return in the future, even once the ban is over. I don't know what this has to do with imposter syndrome. You either have a valid refugee claim or you don't. Your fear of your father is not a valid refugee claim and has no chance of approval. He hasn't acted violently towards you in a way where you have gotten the police in our home county involved and they haven't been able to help you. Additionally, IRCC will say you can simply return to your home country, make no contact with your parents, and live in another part of the country. There are no grounds for an asylum claim.

FYI - Building the deck and fence and taking care of the home can be classified as working illegally in Canada while here as a visitor. While you were not paid a salary, you were allowed to live in the house in return. Same applies to taking care of your sisters. You should be aware of what perspective IRCC and CBSA may have of these activities. They may likely view them as violations of the conditions of your stay.

If you pursue the path of H&C, you would need to do this without status in Canada. There wouldn't be a means of restoring your status. You would simply apply for H&C without status in Canada, remain in Canada illegally, and hope CBSA doesn't remove you before you have a decision in the application.

Good luck with the decision.

Definitely not taking or even thinking about the Asylum path. I didn't mean Imposter Syndrome(?), I meant something else, it's slipping my mind right now. Sorry.

Taking care was not meant in the traditional sense of taking duties, just my verbiage. There were no strings attached to my living arrangement here in this house. Hmm, I did apply for building permit under my name, so if this is bought up as a point of contention in the future, I can understand how this might negatively impact me. And the latter part is interesting cause I did mention that in my LOE when I applied for Visitor Record before which got approved, my wording may have been different.

Doesn't CBSA take out warrants after 30 days of refusal letter? And the processing time for PR under H&C is like minimum 2 years. Won't they just use that as a ground for removal the moment a warrant is issued?

Thank you