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February 14, 2012, 11:12:25 pm
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Author Topic: Visa extension cancellation questions.  (Read 742 times)
Baloo
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« on: February 25, 2010, 04:54:39 pm »

As the visa extension process can take quite a while, there may be a situation where the applicant has to leave Canada before the paperwork has been started to be processed.

The system allows for this (see below) a refund can be granted, but it raises a few questions.

As the applicant will most likely be leaving after their original official departure date, they will have been in Canada under implied status.
Obviously they can cancel the application and must leave immediately, but how are they then "seen" by immigration?
Have they overstayed because the extension has not been processed at all?
Would the overstay be seen as illegal?
Would this course of action cause any problems with any future PR application?





Quote
The processing fee is only refundable if we receive your request (to cancel your application) before processing has begun. Once we have started to process your application, there will be no refunds regardless of the final decision.
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I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
BeShoo
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« Reply #1 on: February 26, 2010, 10:22:58 pm »

As I understand it, if you're denied an extension they normally give you 30 days to leave, so if you cancelled the extension you might be allowed a similar amount of time, but I certainly wouldn't risk that.

If you leave while you have implied status, you immediately lose your implied status and I think that's the way you should do it. You can always try to cancel after the applicant has left Canada. It might be too late to cancel then, but it not worth gambling future PR for the sake of saving $75.

In my opinion, the only thing that would cause problems with future PR applications would be not applying for an extension until the visitor status was expired.
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Baloo
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« Reply #2 on: March 11, 2010, 01:57:45 pm »

You are right, it is not worth the hassle.
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca
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