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Extension of Temporary Resident Status as visitor Refused

Extension of Temporary Resident Status as visitor Refused

Old Mar 15th 2006, 11:52 pm
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Question Extension of Temporary Resident Status as visitor Refused

Good day:

Someone help me please. Extension of my temporary resident status as visitor is refused and asked me to leave canada right away. In 2 weeks my boyfriend and I will be together for a year so we can apply for "common law" sponsorship in canada.
What is the best thing to do? Do you think applying for Restoration of status is worth it? By the time we hear back from them (ususally 1 month) we have submitted our sponsohip application already and I can stay in canada while our application is in process.
Appreciate any suggestion. Thanks.

Goldqueen
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Old Mar 16th 2006, 3:16 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

The rules have changed since last year. Now you can be sponsored under family class immigration as a common law spouse within canada regardless of your Canadian resident status. You will need to provide proof of a bonafide relationship. Check the immigration canadawebsite for more details. Immigration Canada sponsorship

Last edited by Karib; Mar 16th 2006 at 3:20 am. Reason: Editing something
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Old Mar 16th 2006, 3:49 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Please read Q10 in FAQ you provided link to before providing incomplete (and thus potentially misleading) advice.


Originally Posted by Karib
The rules have changed since last year. Now you can be sponsored under family class immigration as a common law spouse within canada regardless of your Canadian resident status. You will need to provide proof of a bonafide relationship. Check the immigration canadawebsite for more details. Immigration Canada sponsorship
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Old Mar 16th 2006, 4:45 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Originally Posted by golfqueen
Good day:

Someone help me please. Extension of my temporary resident status as visitor is refused and asked me to leave canada right away. In 2 weeks my boyfriend and I will be together for a year so we can apply for "common law" sponsorship in canada.
What is the best thing to do? Do you think applying for Restoration of status is worth it? By the time we hear back from them (ususally 1 month) we have submitted our sponsohip application already and I can stay in canada while our application is in process.
Appreciate any suggestion. Thanks.

Goldqueen
Dont do anything that will be detrimental to your application later on! If you try and bluff the law, you will see the results later on.. I would suggest seeking professional advice!!
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Old Mar 16th 2006, 4:45 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Hi Mr. Miller:

I appreciate your input. My boyfriend and I can submit our common law sponsorship after March 28, 2006. For now, can I apply for restoration of status ? They said their reason why they didn't give me an extension is that I didn't convience the officer that I am going back to my home country. My children ages 15 and 12 are back home so I need to go back after my March 28.

Hope to hear from you.

Golfqueen

Originally Posted by Andrew Miller
Please read Q10 in FAQ you provided link to before providing incomplete (and thus potentially misleading) advice.
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Old Mar 16th 2006, 5:41 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

If your extension was refused then restoration of status will also be refused as long as there are no new factors that may change CIC's mind. One of those factors would be already pending aponsorship application.

When yout most recent admission expired? How many times you extended your stay? What country you are from? What reason for extension you stated in refused application? What is the date of letter requesting you to leave Canada?

If you stated that you need to stay to meet definition of common-law then it was the reason for refusal. You could have worded it differently and provide evidence of being ready to submit sponsorship case - you obviously made mistakes that now are extremely difficult to fix. You are not alone in making those mistakes - majority of applicants in your situation make similar mistakes when trying to "outsmart" the law and are using DIY route instead of at least seeking some professional advice on the matter before they make mistakes.


Originally Posted by golfqueen
Hi Mr. Miller:

I appreciate your input. My boyfriend and I can submit our common law sponsorship after March 28, 2006. For now, can I apply for restoration of status ? They said their reason why they didn't give me an extension is that I didn't convience the officer that I am going back to my home country. My children ages 15 and 12 are back home so I need to go back after my March 28.

Hope to hear from you.

Golfqueen
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Old Mar 16th 2006, 6:13 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Mr. Miller:

Thank you so much for your reply. My most recent admission expired on February 28/06. I have extended 3 times and the 3rd time it was refused 'cause I said I want to continue my common law relationship with my boyfriend and want to apply sponsorship. I guess honesty is not a good thing all the time. It says to leave Canada immediately. I called up CIC and said I can still apply for restoration of status before March 28. I already paid $ 200 for the fee and will mail my application tomorrow.

Hopefully, by March 29, my boyfriend and I can submit our application. By the time we get a response from CIC regarding restoration, I can stay in Canada. What best advice can you give me? I need suggestion badly. Thansk so much again. Hope to hear from you soon.

Golfqueen

Originally Posted by Andrew Miller
If your extension was refused then restoration of status will also be refused as long as there are no new factors that may change CIC's mind. One of those factors would be already pending aponsorship application.

When yout most recent admission expired? How many times you extended your stay? What country you are from? What reason for extension you stated in refused application? What is the date of letter requesting you to leave Canada?

If you stated that you need to stay to meet definition of common-law then it was the reason for refusal. You could have worded it differently and provide evidence of being ready to submit sponsorship case - you obviously made mistakes that now are extremely difficult to fix. You are not alone in making those mistakes - majority of applicants in your situation make similar mistakes when trying to "outsmart" the law and are using DIY route instead of at least seeking some professional advice on the matter before they make mistakes.
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Old Mar 16th 2006, 6:15 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

I forgot to answer, I am from the Philippines.


Originally Posted by Andrew Miller
If your extension was refused then restoration of status will also be refused as long as there are no new factors that may change CIC's mind. One of those factors would be already pending aponsorship application.

When yout most recent admission expired? How many times you extended your stay? What country you are from? What reason for extension you stated in refused application? What is the date of letter requesting you to leave Canada?

If you stated that you need to stay to meet definition of common-law then it was the reason for refusal. You could have worded it differently and provide evidence of being ready to submit sponsorship case - you obviously made mistakes that now are extremely difficult to fix. You are not alone in making those mistakes - majority of applicants in your situation make similar mistakes when trying to "outsmart" the law and are using DIY route instead of at least seeking some professional advice on the matter before they make mistakes.
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Old Mar 16th 2006, 7:24 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Honesty is the only way to go - trying to "outsmart" CIC will always backfire. The thing is how you present the facts and what evidence you provide to support it. You obviously didn't give CIC any room for flexibility with your approach.

Secondly - third extension applications rarely work, regardless the reasons. Unless sponsorship application is already submitted or about to be submitted and this fact is conclusively documented.

You may get lucky with restoration, but I wouldn't count on it regardless what call agent (they are not immigration officers and most of the time are giving wrong answers to other than basic, very simple questions). You won't know about result for at least a month after submission and by then you will likely get removal (deportation) order if you haven't left Canada within couple of weeks from the extension refusal and request to leave Canada letter. This will further complicate your situation and prospects of PR case.



Originally Posted by golfqueen
Mr. Miller:

Thank you so much for your reply. My most recent admission expired on February 28/06. I have extended 3 times and the 3rd time it was refused 'cause I said I want to continue my common law relationship with my boyfriend and want to apply sponsorship. I guess honesty is not a good thing all the time. It says to leave Canada immediately. I called up CIC and said I can still apply for restoration of status before March 28. I already paid $ 200 for the fee and will mail my application tomorrow.

Hopefully, by March 29, my boyfriend and I can submit our application. By the time we get a response from CIC regarding restoration, I can stay in Canada. What best advice can you give me? I need suggestion badly. Thansk so much again. Hope to hear from you soon.

Golfqueen
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Old Mar 16th 2006, 9:11 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Ooops..I read Q10 and noticed my error. My apologies.
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Old Mar 16th 2006, 10:17 am
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Default Re: Extension of Temporary Resident Status as visitor Refused

Mr. Miller,

I realize the wording was incorrect for the sponsorship letter, that being said we
have 1)received a letter requesting me to leave Canada 2) already submitted $200 for the restoration order 3) Have started filling out the needs for Landed Immigration Status (ie sponsorship letter, Police clearance request Documentation for Common Law Status, Sworn letter from Lawyer etc, joint bank account, mailing address, photographs, emails etc.) but we need to get to March 28th legally so we can complete our 1 year. We had truly planned to return to the Philippines for 2 weeks but we were told that a visitor visa may not be awarded to me so I could return to Canada, hence our present situation.

Any advice.... thank-you
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Old Mar 16th 2006, 12:29 pm
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Default Re: Extension of Temporary Resident Status as visitor Refused

It is almost 100% sure that visitor visa would be refused after you twice extended your stay in Canada.

You got yourself (by trying to DIY) into big troubles and it is likely that removal (deportation) order will follow request to leave within 2 to 6 weeks from the letter you got. And you will have to hire expensive lawyer to try toput hold on removal order (if at all possible) and if unsuccessful you will have to leave Canada anyway with bad mark on your record.


Originally Posted by golfqueen
Mr. Miller,

I realize the wording was incorrect for the sponsorship letter, that being said we
have 1)received a letter requesting me to leave Canada 2) already submitted $200 for the restoration order 3) Have started filling out the needs for Landed Immigration Status (ie sponsorship letter, Police clearance request Documentation for Common Law Status, Sworn letter from Lawyer etc, joint bank account, mailing address, photographs, emails etc.) but we need to get to March 28th legally so we can complete our 1 year. We had truly planned to return to the Philippines for 2 weeks but we were told that a visitor visa may not be awarded to me so I could return to Canada, hence our present situation.

Any advice.... thank-you
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