Challenging question: Visitor record NOT eligible for restoration???

[jasgrandma1234]

Hi guys,

My mother-in-law who has multi-entry visa was just refused to extend her stay when her first-time 6 month visitor record is going to expire next month , my wife is a Canadian citizen ,her mom is from Ukraine. she is 57 and she was retired.

What weird is on the refusal letter it states : " 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 Regulation",

Can anyone explain why she is not eligible for restoration as it is the normal practice if anyone was refused visa extension can apply for restoration. as for section 182 of the Immigration and Refugee Protection Regulation I think it is totally bullshit, she does not work ,study or even try to do so . she only stays in my home and takes care of grandchildren.

We are law-bidding citizens and provide all the document to prove it such as payrolls , tax returns, property ownership, bank records etc.....

I think her case is quite challenging even for an experienced immigration law practitioner , should we fight for the justice and appeal to the federal court as we do nothing wrong and CIC decision is groundless .She can certainly leave and re-enter ,but does that means she admits the charge CIC made is real and she will be questioned every time when she enters Canada?

I appreciate everyone who gives his/her opinion.


Adam

 

[Bryanna]

I think her case is quite challenging even for an experienced immigration law practitioner , should we fight for the justice and appeal to the federal court as we do nothing wrong and CIC decision is groundless .She can certainly leave and re-enter ,but does that means she admits the charge CIC made is real and she will be questioned every time when she enters Canada?

Visas or extensions for authorized stay are a privilege and not a right. It would be inappropriate to say that this is a matter of 'justice' and 'CIC's decision is groundless'.


1. When did she apply for an extension?

2. Did her application reach IRCC before her visitor status expired?

3. Was she medically examined?

4. What was the reason to extend her stay?


EDIT:
Just re-read your post. You mentioned she *takes care of your children*. That would explain why she was refused as IRCC viewed this as unpaid, illegal work

 

[jasgrandma1234]

Hi Bryanna,

Thank you so much for your reply.

She was granted the extension last year and she is taking care of her grandchildren, we both work full time and kids really enjoy her accompany after school time. we applied extension one month before expiration and she took the medical exam just a year ago. The reason is to be with her family as my wife is the only child.

Thanks again.

Adam

 

[Bryanna]

Hi Bryanna,

Thank you so much for your reply.

She was granted the extension last year and she is taking care of her grandchildren, we both work full time and kids really enjoy her accompany after school time. we applied extension one month before expiration and she took the medical exam just a year ago. The reason is to be with her family as my wife is the only child.

Thanks again.

Adam

She applied for a second extension.

I can understand the 'kids enjoy her company after school time' family aspect. It's nice to have a grandparent at home. IRCC, however, views this as illegal work even if it is unpaid.

It would have helped if you had not stated anything to the effect of taking care of your children. Or maybe IRCC realized it even if you didn't state it.

Unfortunately, as she does not have the option to restore her visitor status, she will need to leave soon (max within 30 days). It is advisable to remain in her home country for at least 8-10 months before she attempts another entry

 

[jasgrandma1234]

She was back to Ukraine for 2 months and came back at June 2018, and it is the first extension for this visit , as the situation there looks gloomy we would rather to keep her with us , we are going to apply for her PR next year to qualify the three years income eligibility.

 

[demme343]

Sadly she will have to leave the country as she does not qualify for restoration. CIC may issue a removal order or may already have issued a removal order. I am no expert like @Bryanna but I know from personal experience that overstay in any country without status leaves permanent scars.
Since she wants to stay here indefinitely, she is correctly denied for visitor extension as her purpose is no longer a visit. She will need a valid status in Canada if you apply for her PR inland.
Good luck .

Hello Andy
Can you guide me i applied online on 14 Dec and it said biometrics valid till 27 Dec 2027 but on 23dec they required my biometrics payment which i sent same day later i got bio later on 7th dec i was in USA visit that time so i gave bio on USA on 9th jan .i want to know that processing time for my application will start from 9th Jan 2019 or 23 Dec 2018 ?i am from Pakistan

 

[canuck78]

She was back to Ukraine for 2 months and came back at June 2018, and it is the first extension for this visit , as the situation there looks gloomy we would rather to keep her with us , we are going to apply for her PR next year to qualify the three years income eligibility.

She seems to have spent the majority of a year (or more) in Canada. Most visitors get their extensions refused at a certain point when CIC feels that they are spending too much time in Canada as a visitor. You had the option of a supervisa if you wanted her to stay longer. Agree with @Bryanna that mentioning caring for your children sealed her fate. She could have been refused an extension no matter what based on her own finances. She was always a visitor.