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Application for visa visitor extension got refused, what can I do?

Discussion in 'Visitors' started by allisonso1976, Aug 7, 2018.

  1. Hi, the 7th of August I received a letter from immigration stating that my application got refused. I sent the application on the 25th of April. It doesn't say why my application got refused. It did say to leave immediately or they will enforce action against me. I came in Canada on the 31st of October 2017 pregnant with my boyfriend's child. Our daughter is born on the 23rd of January and is a Canadian resident, just like my boyfriend who is also born in Canada. We technically are common-law because he went to visit me in 2016 in Chile for 6 months and I have been in Canada for 10 months now. We have proof for everything in case immigration asks or are in doubt. I have to leave but I don't want to leave my daughter behind she is only 6 months old. I have a few questions:

    1- Can my boyfriend somehow sponsor me without having status in Canada?
    2- Can I restore my status?
    3- Can I get a legal aid lawyer to help my case?
    4- Can I get a visa for USA, go there, then re apply for a visa for Canada to come back?

    Thank you for your time
     
  2. If your status expired before more than 90 days you can not apply for status restoration as visitor otherwise apply for it today
     
  3. What reason did you give in the extension and what financial proofs did you submit? When did your status actually expire? Did the letter state anything about Restoration?

    1. Not until you are married or common-law. You aren't common-law because you haven't lived together continuously for one year.

    2. You should have 90 days from the refusal date in the letter to apply for Restoration.

    3. No.

    4. If you leave, it is unlikely that you will be allowed back in anytime soon.
     
  4. It does not sound like you are common law. To be common law you must have lived together continuously (meaning without a break) for at least 12 months. It sounds like you lived together for six months, then were apart for a while, then lived together for 10 months. Unfortunately this does not make you common law. Sponsoring you for PR won't be possible until you have 12 straight months of living together.
     
    Buletruck likes this.
  5. Agreed. You don’t qualify for common law at this point. Unfortunately having a child born in Canada won’t make the situation any different. The child does not give you any special privilege to stay in Canada.
     
    scylla likes this.
  6. You had applied to extend your status/authorized stay almost a month after you lost status. You should have applied to restore your status instead. You cannot apply to restore your status now.

    You are not common-law, not yet. You would become common-law by end-October. So you cannot apply for spousal sponsorship at this point in time. What makes your stay more difficult is you have been ordered to leave. This can become a deportation order if you don't leave.

    Also, your daughter can return with you
     
    Buletruck and scylla like this.
  7. Too late to apply for restoration. The OP's status expired at the end of March.
     
  8. OP said she entered Oct 31st. If she was given the standard 6 months, her status expired end of April, after she applied for the extension. She would have had Implied Status until the refusal and should be abe to apply for Restoration.
     
  9. Regardless. IRCC has not given the OP to restore her status. She has been asked to leave
     
  10. Unless OP mistated something about the timing or submitted an app that was rejected as incomplete, the law gives her the right to apply for Restoration.
     

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