Denied extended stay Us Citizen

[Fersua]

What do I do ? I received yesterday (Sept 08) a letter refusing an extended stay application.

I am Married to a Canadian for 13 years We have two kids, Canadian citizens aged 10 and 13.

I already had one 6 moths extension to stay before, but made a mistake and applied late for the second extended stay.

We have NOT YET applied to sponsor me for permanent residence (family Class )

The letter says:

"refusing your application on the
following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph
179(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/
section-179.html). I am refusing your application because you have not established that you will
leave Canada, based on the following factors:
• Your proposed length of stay in Canada is inconsistent with a temporary stay given the details
you have provided in your application.
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you
have provided in your application."

 

[Ponga]

What `details' did you provide in your application to extend your visitor status?


If I may ask...why had you not yet applied for Spousal Sponsorship?

Are you even considering living in Canada full time with your spouse and children, or just want the freedom to `come and go'?

You may need to leave Canada (before you escalate the situation and could be removed and/or banned for a period of time). It would be wise to consult a qualified expert in my opinion to determine what, if any, options you have now.

Good luck.

 

[Fersua]

Hi, Thanks..... yes my mistake I want to stay and apply for permanent residency, terribly sorry I did not do it before....But i do not know if I can apply now after being denied to stay? Do you know? ....Also I would leave right now but scared to not being allowed to return.... Who do we know can advise / assist ?.... wondering if leave or apply for a reconsideration or change of status?

 

[canuck78]

Hi, Thanks..... yes my mistake I want to stay and apply for permanent residency, terribly sorry I did not do it before....But i do not know if I can apply now after being denied to stay? Do you know? ....Also I would leave right now but scared to not being allowed to return.... Who do we know can advise / assist ?.... wondering if leave or apply for a reconsideration or change of status?

You were trying to live in Canada as a visitor so may have been denied even if you had applied on time. You need to apply for sponsorship ASAP. I would apply Outland in case you do need to leave Canada. Your option is to remain in Canada without status and hope you aren’t removed or leave Canada and attempt to reenter but realize that your reentry could be refused.

 

[Fersua]

Thanks.
I realize now that I did apply on time ( 1 month before my six months) so that is not it.....thinking about asking for restoration of status or judicial review..Do you have info on a qualified expert that could help me trough this?

 

[armoured]

Thanks.
I realize now that I did apply on time ( 1 month before my six months) so that is not it.....thinking about asking for restoration of status or judicial review..Do you have info on a qualified expert that could help me trough this?

All kinds of lawyers out there, including the sponsors of this forum.

But first and foremost: prioritize getting your sponsorship application in ASAP. Hair on fire, drop everything else priority.

Once that application is in, you will have MUCH better arguments and position to deal with everything else - including a request / application for restoration of status or TRP etc.

I'm not very knowledgeable about those other steps so by all means consult others.

But you're here with your spouse and kids, clearly intending to live here, and you should consider this refusal as the kick in the pants to do. the. damn. paperwork.

 

[scylla]

Thanks.
I realize now that I did apply on time ( 1 month before my six months) so that is not it.....thinking about asking for restoration of status or judicial review..Do you have info on a qualified expert that could help me trough this?

I would focus on submitting your spousal sponsorship application asap and then once that is done submit the reconsideration request with evidence you have formally submitted the PR application.

While you may be married to a Canadian, this does not allow you to continue to extend your status in Canada as a visitor. IRCC expects you to submit a PR application to make your status permanent or otherwise leave Canada. You were granted the first extension. But once you applied for the second one and with no sign of the PR application being submitted, IRCC has likely lost patience and that's the driver behind the refusal.

Make it a top priority to get the sponsorship application in over the next few days. You've already delay this long enough.