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Visitor Visa Extension Refused

karlossig

Full Member
Feb 28, 2019
23
0
Hello there guys, my partners extension for visitor visa got denied. We had just received the letter on Friday and cannot contact cic for further questions. I was wondering if we can appeal this decision? But if not, does she have no choice but to leave the country?
 

thevisawhisperer

Champion Member
Jun 10, 2020
2,001
344
West Coast
She wasn't applying for an extension of her visitor visa, but rather for an extension of her stay in Canada as a visitor (i.e.., visitor record). There is no appeal route for a visitor extension refusal unless you have grounds to appeal for judicial review of the refusal. She has 90 days in which to restore her status (check the refusal letter - it will give an 'end of status' date which is the start date for the restoration period) - and depending on the reasons given for the refusal (you may have to make a Privacy request to find out the 'real' (as opposed to checkbox) reasons for the refusal) the path of least resistance is to re-apply (including restoration fee) with a response to the officer's concerns that caused the refusal. Got it?
 

canuck78

VIP Member
Jun 18, 2017
55,632
13,535
Have you filed for sponsorship? At a certain point CIC wants to make sure people are not living in Canada as a visitor. Did you specify that you were either waiting to become common law or applying for sponsorship.
 
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karlossig

Full Member
Feb 28, 2019
23
0
She wasn't applying for an extension of her visitor visa, but rather for an extension of her stay in Canada as a visitor (i.e.., visitor record). There is no appeal route for a visitor extension refusal unless you have grounds to appeal for judicial review of the refusal. She has 90 days in which to restore her status (check the refusal letter - it will give an 'end of status' date which is the start date for the restoration period) - and depending on the reasons given for the refusal (you may have to make a Privacy request to find out the 'real' (as opposed to checkbox) reasons for the refusal) the path of least resistance is to re-apply (including restoration fee) with a response to the officer's concerns that caused the refusal. Got it?
Got it! thank you very much!
 

karlossig

Full Member
Feb 28, 2019
23
0
Have you filed for sponsorship? At a certain point CIC wants to make sure people are not living in Canada as a visitor. Did you specify that you were either waiting to become common law or applying for sponsorship.
We have not submitted our application yet, it is our fault for doing this but this refusal letter was more than a wake call for us. Would we be able to submit our papers now even though she will have implied status?
 

kmychan

Full Member
Jun 20, 2020
32
2
@karlossig We are in the same situation. This is such a difficult time for all of us. We are in a middle of a pandemic and the refusal was given. Will you apply for restoration of status?
 

canuck78

VIP Member
Jun 18, 2017
55,632
13,535
You should both apply for sponsorship ASAP outland and apply for restoration. If you have to leave your soonsorship application will remain in process. Your application will still remain in process even if you overstay your visa.
 

kmychan

Full Member
Jun 20, 2020
32
2
@canuck78 Thanks for your response. I initially applied for common law for my partner (I'm Canadian) back in December 2019, due to some missing Chinese documents they sent the application back on January 23, my partner's status was still valid till Feb 2020 so I applied for extension. We got the news this week that our extension was refused.

You recommend outland? What do you think about inland? I will have to send the restoration with my application? We are still working on getting the documents due to Covid my partner was unable to gather Chinese documents (this is still difficult today but we are trying our best).

Thank you!
 

kmychan

Full Member
Jun 20, 2020
32
2
Everything was closed due to covid in his province, he is from Wuhan (he hasn't been there in more than a year). He was working in Beijing and that is where we met. This is an absolute nightmare.
 

canuck78

VIP Member
Jun 18, 2017
55,632
13,535
@canuck78 Thanks for your response. I initially applied for common law for my partner (I'm Canadian) back in December 2019, due to some missing Chinese documents they sent the application back on January 23, my partner's status was still valid till Feb 2020 so I applied for extension. We got the news this week that our extension was refused.

You recommend outland? What do you think about inland? I will have to send the restoration with my application? We are still working on getting the documents due to Covid my partner was unable to gather Chinese documents (this is still difficult today but we are trying our best).

Thank you!
Outland will Allow you to continue the sponsorship if your spouse needs to leave. If you apply inland and have to leave you have to refile. If your partner doesn’t have status you can apply inland but will need qualify for OWP when your partner gets AIP.
 
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kmychan

Full Member
Jun 20, 2020
32
2
Okay so we will have to think about which one we’ll apply to. For inland he isn’t eligible For OWP as he doesn’t have status, so we wait till he get AOR?

Thank you.

Outland will Allow you to continue the sponsorship if your spouse needs to leave. If you apply inland and have to leave you have to refile. If your partner doesn’t have status you can apply inland but will need qualify for OWP when your partner gets AIP.
 

canuck78

VIP Member
Jun 18, 2017
55,632
13,535
Okay so we will have to think about which one we’ll apply to. For inland he isn’t eligible For OWP as he doesn’t have status, so we wait till he get AOR?

Thank you.
Sorry wasn’t written well. If he doesn’t have status and he applies for inland sponsorship with OWP he will only get a WP at the very end of the sponsorship process (AIP). Remaining out of status in Canada can have an impact on visa applications to other countries.
 
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Snehlata

Newbie
Oct 8, 2020
1
0
Okay so we will have to think about which one we’ll apply to. For inland he isn’t eligible For OWP as he doesn’t have status, so we wait till he get AOR?

Thank you.
What is the update on your application, ?if you do not mind