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vistor7

Newbie
Jan 8, 2019
6
0
Hello,

I am on visitor visa in canada (visiting my son) I have visitor visa (V1 with multiple entry) valid for 5 more years.

I applied for extension before 6 months in canada but this extension has been refused due to following reason:


[X] Immigration Legislation requires that every foreign national in Canada must hold a valid

passport , identity or travel document. As a foreign national in Canada, you have not produced

evidence that you are in possession of such a document and that it is valid for the duration of

your stay in Canada.


I understood above as immigration office didn't receive my passport.


So far i have collected following information:

1. I have reapply (new application) while in canada. It has to be within 15 days.

2. I can ask for application review since reason given was that my application is missing valid document?

3. I have to apply for status restoration within 14 days.

4. Someone also suggested that i go to nearest Canadian port of entry to reset my 6 month limit and ignore the refusal since leaving canada and entering again will satisfy the refusal letter as well.



Can someone please help me with what my options and or what is recommended.


Thank you
 
Hello,

I am on visitor visa in canada (visiting my son) I have visitor visa (V1 with multiple entry) valid for 5 more years.

I applied for extension before 6 months in canada but this extension has been refused due to following reason:


[X] Immigration Legislation requires that every foreign national in Canada must hold a valid

passport , identity or travel document. As a foreign national in Canada, you have not produced

evidence that you are in possession of such a document and that it is valid for the duration of

your stay in Canada.


I understood above as immigration office didn't receive my passport.


So far i have collected following information:

1. I have reapply (new application) while in canada. It has to be within 15 days.

2. I can ask for application review since reason given was that my application is missing valid document?

3. I have to apply for status restoration within 14 days.

4. Someone also suggested that i go to nearest Canadian port of entry to reset my 6 month limit and ignore the refusal since leaving canada and entering again will satisfy the refusal letter as well.



Can someone please help me with what my options and or what is recommended.


Thank you

Hi

When did you enter Canada?

Trying a border run is not a good idea. You have a high chance of being refused entry.
 
Hi

When did you enter Canada?

Trying a border run is not a good idea. You have a high chance of being refused entry.
Originally enter on mar 5, 2018. sent paper application before sep 5, 2018.
I was on supervisa earlier but then my passport expired and applied again but was given visitor visa.
I also have ongoing PR application under PGP category.
 
Originally enter on mar 5, 2018. sent paper application before sep 5, 2018.
I was on supervisa earlier but then my passport expired and applied again but was given visitor visa.
I also have ongoing PR application under PGP category.

And what did the refusal letter specify about the expiration of your status?
 
And what did the refusal letter specify about the expiration of your status?
Refusal letter states the following:


This letter refers to your application for a Visitor Record .



Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
immigration and Refugee protectIon Act and regulations. Your application as requested is
therefore refused.

[X] Immigration Legislation requires that every foreign national in Canada must hold a valid
passport , identity or travel document. As a foreign national in Canada, you have not produced
evidence that you are in possession of such a document and that it is valid for the duration of
your stay in Canada.

You must leave Canada on or before the expiry of your current document or, if your
document has expired you must leave Canada immediately. Failure to do so could result
in enforcement action being taken against you.
 
How long were you on a supervisa before? When did you last return home and for how long?
 
Refusal letter states the following:


This letter refers to your application for a Visitor Record .



Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
immigration and Refugee protectIon Act and regulations. Your application as requested is
therefore refused.

[X] Immigration Legislation requires that every foreign national in Canada must hold a valid
passport , identity or travel document. As a foreign national in Canada, you have not produced
evidence that you are in possession of such a document and that it is valid for the duration of
your stay in Canada.

You must leave Canada on or before the expiry of your current document or, if your
document has expired you must leave Canada immediately. Failure to do so could result
in enforcement action being taken against you.

You have no option but to leave Canada. Your status expired over 4 months ago and you are beyond the limit to apply for Restoration.
 
You have no option but to leave Canada. Your status expired over 4 months ago and you are beyond the limit to apply for Restoration.

Thats not good, does it affect my PR application in any way.
for my last try should i just try going to the port of entry to see if border guard will let me enter.

Also letter doesn't state when to leave, do i have 30 days to leave or I have to leave immediately as letter suggests. Can I stay till end of month or its against all recommendations.

Thank you for your help. Really appreciate, its hard to think straight during crisis.
 
I found this webpage on CIC website:
https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

Can you please take alook.

Extensions
  • If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
  • If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
  • If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.
If the above is correct than i can apply for status restoration, but my refusal letter didnt mention about applying for status restoration.
 
Thats not good, does it affect my PR application in any way.
for my last try should i just try going to the port of entry to see if border guard will let me enter.

Also letter doesn't state when to leave, do i have 30 days to leave or I have to leave immediately as letter suggests. Can I stay till end of month or its against all recommendations.

Thank you for your help. Really appreciate, its hard to think straight during crisis.

If you leave, no, it will not effect the PR app. If you stay and are issued a removal order, yes, it will effect the PR app.

You need to leave ASAP.

I found this webpage on CIC website:
https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

Can you please take alook.

Extensions
  • If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183(6).
  • If the extension is refused, the applicant is considered in status until the day the decision is made on their application.
  • If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.
If the above is correct than i can apply for status restoration, but my refusal letter didnt mention about applying for status restoration.

Had you been on Implied Status, the refusal letter would have specified a date that your status ended. But it didn't. The refusal letter states:You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.

Your document expired in September.