Visitor extension refused today

[jenna218]

Hello everyone, I'm looking for some advice about my options and what to do next. I'm from the United States and have been living with my fiance in Canada. I applied for a visitor extension for the 4th time back in March of this year, and today it was refused. The refusal letter online has nothing but generic reasons for the refusal.

I've been living with my fiance since March of 2018, and after becoming recognized as common law we were preparing to apply for spousal sponsorship. I was going to do it after getting my visitor extension approved this time, but it was rejected. We should have probably applied for sponsorship sooner, but now I'm not sure what I can do. Should I apply for restoration of visitor status? I tried to do that and said that my status expired today, and it's telling me that today is my last day to apply before my status expires, so should I wait until tomorrow so that it recognizes I want a restoration? Can we apply for the sponsorship now or just work on restoration for now? I'm really worried as the letter told me I should leave Canada immediately, but going back to the U.S. is barely an option for me now especially during the pandemic. I'm scared, and hoping restoration of status is something available for me but I'm not sure. I don't want to be arrested.

Any help or advice would be much appreciated.

 

[Joeydocs]

Hello everyone, I'm looking for some advice about my options and what to do next. I'm from the United States and have been living with my fiance in Canada. I applied for a visitor extension for the 4th time back in March of this year, and today it was refused. The refusal letter online has nothing but generic reasons for the refusal.

I've been living with my fiance since March of 2018, and after becoming recognized as common law we were preparing to apply for spousal sponsorship. I was going to do it after getting my visitor extension approved this time, but it was rejected. We should have probably applied for sponsorship sooner, but now I'm not sure what I can do. Should I apply for restoration of visitor status? I tried to do that and said that my status expired today, and it's telling me that today is my last day to apply before my status expires, so should I wait until tomorrow so that it recognizes I want a restoration? Can we apply for the sponsorship now or just work on restoration for now? I'm really worried as the letter told me I should leave Canada immediately, but going back to the U.S. is barely an option for me now especially during the pandemic. I'm scared, and hoping restoration of status is something available for me but I'm not sure. I don't want to be arrested.

Any help or advice would be much appreciated.

Apply for restoration ASAP. I have been noticing a lot of people are in the same boat as you. It seems that IRCC is refusing applicants that have had numerous visitor extensions. However there is something I can recommend you do before applying for restoration. Order what is called GCMS notes. That will show the officers reasons for refusal in depth, and it will help you address any concerns that they have in your restoration app.

 

[jenna218]

Apply for restoration ASAP. I have been noticing a lot of people are in the same boat as you. It seems that IRCC is refusing applicants that have had numerous visitor extensions. However there is something I can recommend you do before applying for restoration. Order what is called GCMS notes. That will show the officers reasons for refusal in depth, and it will help you address any concerns that they have in your restoration app.

Thank you! I'll order the GCMS notes today. How long does it take for me to receive them? Should I wait until I get the GCMS notes to apply for restoration? Should I apply for sponsorship after restoration approves if it does, or during the wait? Sorry about all the questions, just hoping I can handle this in the best way possible.

 

[Joeydocs]

Thank you! I'll order the GCMS notes today. How long does it take for me to receive them? Should I wait until I get the GCMS notes to apply for restoration? Should I apply for sponsorship after restoration approves if it does, or during the wait? Sorry about all the questions, just hoping I can handle this in the best way possible.

I think gcms notes are taking about a month. After you receive them and figure out what went wrong with the app apply for restoration. However I don’t know much about restoration as I’ve never personally had to do it. @scylla would be the best person to ask.

 

[jenna218]

A month? Am I safe to wait that long? They won't try to force me out by then or take any sort of disciplinary action against me?

 

[PrincessButtercup]

A month? Am I safe to wait that long? They won't try to force me out by then or take any sort of disciplinary action against me?

My take: I'd apply ASAP, then request GCMS notes. The 1 month turnaround time was pre-COVID, so I think they may be taking even longer. Time is not on your side, so definitely get the paperwork submitted to restore your status ASAP.

 

[Joeydocs]

A month? Am I safe to wait that long? They won't try to force me out by then or take any sort of disciplinary action against me?

If I’m correct, you have 90 days from the day of losing your status to apply for restoration. Also in your letter of explanation you could tell them that you waited a month to apply because you wanted to read your gcms notes and address any issues or concerns in the new app. That seems like a good enough reason to me to be honest.

 

[Joeydocs]

If I’m correct, you have 90 days from the day of losing your status to apply for restoration. Also in your letter of explanation you could tell them that you waited a month to apply because you wanted to read your gcms notes and address any issues or concerns in the new app. That seems like a good enough reason to me to be honest.

Whichever option you choose you should be ok as long as you provide that you paid the application fees and submitted it.

 

[Copingwithlife]

More than likely the issue is that the applicant has in effect been living in Canada while being a Visitor, they've been here over two years, more than enough time to submit a inland application

 

[Joeydocs]

More than likely the issue is that the applicant has in effect been living in Canada while being a Visitor, they've been here over two years

That seems to be the main reason for a lot of people right now. Apply for restoration and make it clear that this is the last time. Submit the app too have proof of that.

 

[jenna218]

More than likely the issue is that the applicant has in effect been living in Canada while being a Visitor, they've been here over two years, more than enough time to submit a inland application

Apply for restoration and make it clear that this is the last time.

This makes sense. Would it help then to submit a sponsorship application while waiting for the restoration to approve?

 

[AlexZ92]

This makes sense. Would it help then to submit a sponsorship application while waiting for the restoration to approve?

that’s what I want to do, I have to wait till November to submit my P.R. because I need time for the joint account I’ve opened with my partner to be 1 year old. I don’t wanna submit a P.R. application that doesn’t meet requirements.

I’m out of status since the 22nd of June, which is when I received the refusal letter.

I was thinking since I have 88 days left to apply for restoration, I will wait 60 days from now then apply for restoration (which takes 3 to 4 months to process), it’ll be November by then and I can finally submit my P.R. application.

This is a loophole but should work. I’m doing this in case the restoration is not granted. At that point the P.R. application will be submitted anyways.

 

[AlexZ92]

My take: I'd apply ASAP, then request GCMS notes. The 1 month turnaround time was pre-COVID, so I think they may be taking even longer. Time is not on your side, so definitely get the paperwork submitted to restore your status ASAP.

How do I request GCMS notes?

 

[caipsnotes]

How do I request GCMS notes?

The official site is https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en

 

[AlexZ92]

The official site is https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en

So, I apply for restoration first then request GCMS notes?