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.

 

[Ponga]

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?

If you are unable to regain legal status in Canada, and wish to remain without authorization, your only option is the INLAND application, because it is the only application that waives the requirement to have legal status in Canada. The Outland application requires legal status if submitted from inside Canada.

Having said that, it does NOT guarantee that you can remain in Canada during the process.

Might be time to consider returning `home' and submitting the Outland application, or at least consult with a qualified expert to discuss the best option.

 

[armoured]

The Outland application requires legal status if submitted from inside Canada.

Could you provide a link for that? I thought this only applied to the work permit.

 

[Ponga]

Could you provide a link for that? I thought this only applied to the work permit.

Sorry, don't have a link, but have clear memory of legal status only being waived for the SCPLC applicants (Inland).

Those that were in Canada without status filing an Outland application did not benefit from the Public Policy as Inland applicants did.

[UPDATED]
https://www.canada.ca/en/immigratio...l-partner-dependent-child-complete-guide.html

Choose the class of application​

• If you’re sponsoring your conjugal partner or dependent child, you must submit an application under the Family Class. These applications are processed outside Canada.
• If you’re sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.
• When you sponsor a spouse or common-law partner, you must specify the “Class of Application” on the checklist you’ll submit.

Apply under the Family Class if:

• the person you want to sponsor lives outside Canada
• the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed (which the OP does)
• you plan to appeal if the application is refused
• you’re sponsoring your conjugal partner or dependent child

Apply under the Spouse or Common-Law Partner in Canada Class if your spouse or common-law partner:

• lives with you in Canada
• has valid temporary resident status in Canada, or is exempt from needing this status under a public policy

---

So based on this information, I stand by my original comment.

 

[armoured]

Sorry, don't have a link, but have clear memory of legal status only being waived for the SCPLC applicants (Inland)....

That's different than saying one cannot apply as outland.

Apply under the Family Class if:

• the person you want to sponsor lives outside Canada
• the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed (which the OP does)
• you plan to appeal if the application is refused
• you’re sponsoring your conjugal partner or dependent child

Apply under the Spouse or Common-Law Partner in Canada Class if your spouse or common-law partner:

• lives with you in Canada
• has valid temporary resident status in Canada, or is exempt from needing this status under a public policy

---

So based on this information, I stand by my original comment.

You may be right but I just don't see that it specifically says that what you are claiming, that one cannot/must not apply under the Family Class (Outland) if out of status. The text above says nothing of the sort.

So I'm going to say that as far as I know this is wrong, unless we see text somewhere that corresponds to the statement "If you are unable to regain legal status in Canada, and wish to remain without authorization, your only option is the INLAND application". It seems to me it is an option and won't be rejected on this basis.

You then go on to say: "because it is the only application that waives the requirement to have legal status in Canada." This is a different statement than saying out-of-status applicants are not eligible to apply outland. Yes, the applicant does NOT benefit from the public policy exemption - which as I understand is mostly about removals being stayed - and that can be an acceptable risk for some (because actually IRCC mostly does not get around to removals).

This is balanced against the advantage (for many) that if an Inland applicant leaves the country, their applicaiton can be considered abandoned and have to start over. I think for a US applicant the balance of interest/risk is better applying outland, but that's one subjective opinion.

You then write: "The Outland application requires legal status if submitted from inside Canada." Again: I do not see this written anywhere.

That said, I don't intend to debate this, just hoping for clarity. "Don't intend to debate this" because I only slightly follow these matters of out of status and consequences and leave it to those who have a direct interest to either find out, or get professional (legal) assistance, or decide and deal with the consequences.