Visitor record

[peter225]

Hello,

My work permit expired in may 2017 and I had submitted my express entry application before that. I had applied for and gotten temporary visitor status which allowed me to stay on in Canada since then. I have extended the visitor record a couple of times and it was approved every time.

However my latest application for visitor record extension was refused today as they didnt find the reason valid and its written that I should leave Canada immediately. Upon some searching in the forums I found the last resort which is to apply for restoration of status. I did find some posts in which some vip members have replied that applying for restoration is possible if applied within 90 days from date of refusal.

Can I apply for restoration of status in this situation? There is no mention of the word restoration in the letter. All it says is that I should leave immediately.

Thankyou

 

[scylla]

Hello,

My work permit expired in may 2017 and I had submitted my express entry application before that. I had applied for and gotten temporary visitor status which allowed me to stay on in Canada since then. I have extended the visitor record a couple of times and it was approved every time.

However my latest application for visitor record extension was refused today as they didnt find the reason valid and its written that I should leave Canada immediately. Upon some searching in the forums I found the last resort which is to apply for restoration of status. I did find some posts in which some vip members have replied that applying for restoration is possible if applied within 90 days from date of refusal.

Can I apply for restoration of status in this situation? There is no mention of the word restoration in the letter. All it says is that I should leave immediately.

Thankyou

It depends what your letter says. We would need to see the full text of the refusal letter.

 

[peter225]

It depends what your letter says. We would need to see the full text of the refusal letter.

My alwyer messed up my express entry application which I beleive is the reason for refusal. talked to 5 different lawyers today. 3 said i can apply for restoration, 2 said i cant.

Here it is

"In reaching a decision, an officer considers several factors, which include the applicant’s:

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.

You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

 

[zardoz]

My alwyer messed up my express entry application which I beleive is the reason for refusal. talked to 5 different lawyers today. 3 said i can apply for restoration, 2 said i cant.

Here it is

"In reaching a decision, an officer considers several factors, which include the applicant’s:

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.

You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you."

It seems likely that restoration of status would also be refused, for the same reason. Here is some light reading on the subject. https://www.canada.ca/en/immigratio...ry-residents/visitors/restoration-status.html

 

[zardoz]

Hi zardoz. What I really want to understand is if I can apply for restoration as I am still under the 90 day deadline (both for refusal date and expiry of visitor record). The time I will get between appying for restoration and actual decision on that will allow me to explore some other options to get PR while being in Canada. So can i apply for restoration?

From reading the IRCC website that I linked to, I believe that you can apply.