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sumere

Newbie
Jun 12, 2020
3
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Hello, 'm from the US and I have been visiting my common law partner in Canada. I applied to extend my stay as a visitor on February 21st. 2020 and today I got a refusal letter. The reason I got refused was for the following:

[X] Immigration legislation requires that foreign nationals wishing to remain longer in Canada submit an application for extension of their temporary resident status on or before the expiry of the authorized period. Your temporary resident status in Canada expired on October 17, 2019 and your application was made on February 21, 2020.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

The letter states that I have been out of status since October 17, 2019 but this isn't true. I applied to extend my visitor visa on October 9th, 2019 and had my application approved on January 29, 2020. I had until March 1st to apply for another extension which means I still had my status until a decision was made on my next extension. I applied for another extension on February 21st, 2020 and got a refusal letter today stating that they could not extend my stay because I was out of status since October... I have the papers too prove that this simply wasn't the case.

Is there anything I could do to appeal this? Am I eligible to apply to restore my status? Any help will be appreciated. Thank you so much in advance!
 
Hello, 'm from the US and I have been visiting my common law partner in Canada. I applied to extend my stay as a visitor on February 21st. 2020 and today I got a refusal letter. The reason I got refused was for the following:

[X] Immigration legislation requires that foreign nationals wishing to remain longer in Canada submit an application for extension of their temporary resident status on or before the expiry of the authorized period. Your temporary resident status in Canada expired on October 17, 2019 and your application was made on February 21, 2020.
[X] You are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations.
[X] You are a person in Canada without legal status and as such are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

The letter states that I have been out of status since October 17, 2019 but this isn't true. I applied to extend my visitor visa on October 9th, 2019 and had my application approved on January 29, 2020. I had until March 1st to apply for another extension which means I still had my status until a decision was made on my next extension. I applied for another extension on February 21st, 2020 and got a refusal letter today stating that they could not extend my stay because I was out of status since October... I have the papers too prove that this simply wasn't the case.

Is there anything I could do to appeal this? Am I eligible to apply to restore my status? Any help will be appreciated. Thank you so much in advance!

For the letter that was approved on January 29th, can you copy and paste the full text of that letter here? (leaving out any personal information of course)
 
For the letter that was approved on January 29th, can you copy and paste the full text of that letter here? (leaving out any personal information of course)

Date: January 29, 2020

Dear xxxx,

Your application to remain in Canada as a temporary resident has been approved. A secure document has been mailed to you at the address that you provided when you made your application. If you have not received your secure document within six weeks, .

Type: Permit / VR Validity: 2020/03/01

This letter is not valid for travel and is not a permit allowing you to remain in Canada. Sincerely, Immigration, Refugees and Citizenship Canada

Sincerely,
Immigration, Refugees and Citizenship Canada
 
Date: January 29, 2020

Dear xxxx,

Your application to remain in Canada as a temporary resident has been approved. A secure document has been mailed to you at the address that you provided when you made your application. If you have not received your secure document within six weeks, .

Type: Permit / VR Validity: 2020/03/01

This letter is not valid for travel and is not a permit allowing you to remain in Canada. Sincerely, Immigration, Refugees and Citizenship Canada

Sincerely,
Immigration, Refugees and Citizenship Canada

It looks like IRCC has somehow gotten their wires crossed. I would not recommend applying for restoration since based on the most recent letter they they you've been out of status since October which would mean you no longer meet the requirements to restore your status (i.e. you are outside of the 90 day window). I would send a case specific inquiry with the details and request reconsideration.
 
It looks like IRCC has somehow gotten their wires crossed. I would not recommend applying for restoration since based on the most recent letter they they you've been out of status since October which would mean you no longer meet the requirements to restore your status (i.e. you are outside of the 90 day window). I would send a case specific inquiry with the details and request reconsideration.

Thank you, scylla! I just sent a case specific inquiry. However, what happens if I don't get a response in time (within 30 days)? Do you think I can stay in Canada until a response is heard?