Visitor status extension and restoration 2nd time

[spokas]

Hi,
I am from visa exempt country. I came to Canada to visit my boyfriend who has work permit for 2 years Dec 2015 and I was able to stay here for 6 months. Jun 2016 i applied to extend my stay, however, it was refused with the reason my application was not submitted on time. Then I applied for restoration of my status and I asked to restore it till Dec 2016 ( so it would be one year im in Canada). It was approved, however, at that time while i was waiting for decision, my plans changed and i decided to stay a bit longer, till the spring, as my boyfriend still has half a year left here in Canada. Straight away when my status was restored I applied for an extension again, (this was Nov 2016) I asked for 6 more months with the same documents and same reasons as before, however, my application was refused. Reason for original entry and reason for requested extension;Ties to country of permanent residence, Financial means for the extended stay and return home; Probability to leave Canada at the end of authorized stay were the reasons.
This refusal totally changes all my plans as we were planning to go on holiday to USA and Mexico from Canada. After holiday I should come back to Canada and then to go back to my country, as I dont want to take all the stuff I have here for couple of weeks holiday and go back to my country straight from USA.
Si my question is, is it possible to restore my status for the second time? Or if I went to another country for holiday (return ticket from Canada), would they let me in here? (Id have ticket to my country)?
The situation is really messed up, I hope someone been in a similar situation or has any idea how its works. Thanks for any help!!!

 

[scylla]

Yes - it's possible to restore your status a second time. Based on the refusal reasons, if you apply to restore your status this time it will most likely be turned down. Rather than restoring, I would recommend you leave Canada as requested.

Whether you are allowed back into Canada or not after your trip is entirely up to the CBSA officer at the border. Note that you'll need an approved ETA to return to Canada after your trip. You can't return on your passport alone.

 

[spokas]

Thanks for your reply! So far my plan is to go for the holiday in a week, when im back here to Canada Ill have the ticket to my home country departing in a week. Hopefully id get the new stamp for 6 months, as id show that im planing to leave Canada soon. If not, hopefully they still would let me to stay for that one week to pack my stuff and so on. Question about ETA- Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country/territory? As i understand, I should choose yes?? If its yes and i explain the details, would i still get an ETA?

 

[spokas]

also, Im confused about leaving Canada after application refusal. I did not get any departure order with an exact day I have to leave or anything, however some people say now when I leave at the airport ill get stamp to my passport and im not gonna be able to came to Canada for a certain amount of time. Is it true?

 

[scylla]

also, Im confused about leaving Canada after application refusal. I did not get any departure order with an exact day I have to leave or anything, however some people say now when I leave at the airport ill get stamp to my passport and im not gonna be able to came to Canada for a certain amount of time. Is it true?

No - that's not true. Generally speaking, when an extension is refused, you want to leave Canada within 30 days of receiving the refusal.

 

[scylla]

Thanks for your reply! So far my plan is to go for the holiday in a week, when im back here to Canada Ill have the ticket to my home country departing in a week. Hopefully id get the new stamp for 6 months, as id show that im planing to leave Canada soon. If not, hopefully they still would let me to stay for that one week to pack my stuff and so on. Question about ETA- Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country/territory? As i understand, I should choose yes?? If its yes and i explain the details, would i still get an ETA?

You need to say yes and mention the extension refusals.

ETAs are quite new so I don't know if this will impact your ability to get an ETA.

However you have no choice since you can't return to Canada via air without an ETA.

 

[spokas]

Thank you!
Also I am really confused about the departing. Is it refusal letter considered as departure order? CIC website says there are 3 types of removal orders, IMM5238, IMM5238B and so on, and if you get any of these you have to verify your departure at the airport. The letter I received doesnt include any documents with those form numbers, so is it considered as removal order or not? And when I leave Canada, do I have to do anything at the airport before? Its so confusing!

 

[gta88]

Yes - it's possible to restore your status a second time. Based on the refusal reasons, if you apply to restore your status this time it will most likely be turned down. Rather than restoring, I would recommend you leave Canada as requested.

Whether you are allowed back into Canada or not after your trip is entirely up to the CBSA officer at the border. Note that you'll need an approved ETA to return to Canada after your trip. You can't return on your passport alone.

Hi Scylla,
I know someone who
1) Applied for EE when PGWP was valid.
2) PGWP expires and applies for visitor visa 2 days before PGWP expiry from within Canada.
3) After waiting for 4months, got a visitor visa of 2 weeks.
4) Within that 2 week period, applies for a visitor visa extension application while EE Application is in the pipeline.
5) Hears after 4 months that extension request is refused.

Question is, can he apply for restoration as he is still within the 90 day period timeline.Second question, how long can a person keep on applying for restoration and extensions after refusals given that the person is inside Canada all the time. Will there be a removal order at some point of time?
Thank you Scylla

 

[canuck78]

Hi Scylla,
I know someone who
1) Applied for EE when PGWP was valid.
2) PGWP expires and applies for visitor visa 2 days before PGWP expiry from within Canada.
3) After waiting for 4months, got a visitor visa of 2 weeks.
4) Within that 2 week period, applies for a visitor visa extension application while EE Application is in the pipeline.
5) Hears after 4 months that extension request is refused.

Question is, can he apply for restoration as he is still within the 90 day period timeline.Second question, how long can a person keep on applying for restoration and extensions after refusals given that the person is inside Canada all the time. Will there be a removal order at some point of time?
Thank you Scylla

His short extension was a clear message that he should be moving out of Canada. What is happening with his EE?

 

[gta88]

His short extension was a clear message that he should be moving out of Canada. What is happening with his EE?

It says 40 days to go as per the processing timeline bar.
Since there are no flights to go back, can he apply for restoration ?

 

[canuck_in_uk]

Hi Scylla,
I know someone who
1) Applied for EE when PGWP was valid.
2) PGWP expires and applies for visitor visa 2 days before PGWP expiry from within Canada.
3) After waiting for 4months, got a visitor visa of 2 weeks.
4) Within that 2 week period, applies for a visitor visa extension application while EE Application is in the pipeline.
5) Hears after 4 months that extension request is refused.

Question is, can he apply for restoration as he is still within the 90 day period timeline.Second question, how long can a person keep on applying for restoration and extensions after refusals given that the person is inside Canada all the time. Will there be a removal order at some point of time?
Thank you Scylla

Yes, the person can apply for Restoration.

They can't keep applying. If the Restoration app is refused, they will be beyond the 90 days at that point and no longer able to apply.

The PR app won't be approved if they are in Canada illegally, so if Restoration is refused, they need to leave Canada.