Anees

Hi,
I came here last spetember 2007 as a business visitor, then i applied for my extension in feb 2008,while waiting for that i applied for change of status from visitor to worker in May 2008 i already had an employement ready got Labor market Opinion (LMO) and HRSDC confirmation but only since last week i received letter from Seattle office saying my file has been transferred to New Delhi office in India which is where i am from. Also received a separate letter on oct 4th ,2008 from Vancouver CIC with regards to visitor application saying it has been refused and i have to leave the country,my question now is during my stay here for the past 1 year i have met a girl and we are planning to get married in a week or two would that help resolve my status or do i have to leave the country ?
Thanks.

Andrew Miller

It is clear that you were refused extension as visitor because you applied for work permit to Seattle. There must be also a reason (somewhere in your background, immigration record, activities in Canada while "visiting", etc.) why Seattle decided not to process your WP application and forwarded it to New Delhi.

Getting married "in a week or two"? It will look as marriage of convenience now.

You've been asked to leave Canada as you are out of status since expiration of your last admission (March 2008 if I'm not mistaken). Thus it is too late for restoration of status.

You received extension refusal from vancouver, not from Vegreville and you received it 6 months after application (as per timeline you stated) - it indicates that Vancouver was doing serious investigation into your activities in Canada and they found something they didn't like. Seattle got results of that investigation as well, thus it is not a coincident that you got both refusals in almost same time.

Your best bet is to pack and go home for now.

Anees

hi Andrew thankyou very much for your quick response ,could you also tell me how long have i got because i have this fair to i would like to attend on oct 17-19 and would like to wind up things until end of october, i've also recived this voluntary departure confirmation form with my picture on it and stamped Immigration Canada dated 29 september 2008 . Also would it cause a problem later on if my fiance applies for my sponsorship ? Please advise ,Thanks

Andrew Miller

Voluntary departure is your way out of being deported - deportation will result in huge problems getting visa to any developed country in the future.

There is no fixed deadline (unless it is stated in the later) - but sooner you leave the better chances you have to do it before removal (deportation) order is issued.

Of course, if you are deported then any visa, including through sponsorship will be extremely difficult (if not impossible) to get for next few years as you will have admission ban (for 1 to few years) imposed as well.

Don't push your luck. Unless you are so desperate to remain in Canada that you are prepared to spend a lot of money on lawyers and fight the deportation order in courts without having much chance to win. For now you are out of status and you can't even restore your status.

Go to New Delhi fast, attend the interview for your work permit application and maybe you'll get it.

Or risk all. The call is yours.