IMM5669 Section B

[SerenityE]

I'm not sure how to answer question 4 and 5. My visitor stay extension and restoration of status was refused. In the ODN, the officer said they "advise I leave Canada", but I know that's not an order. I don't know how I should answer 4 with my extension being refused, or 5 with the "advised to leave Canada".

4. been refused refugee status, an immigrant or permanent resident visa (including a Certificat de Sélection du Québec [CSQ] or application to the Provincial Nominee Program) or a visitor or temporary resident visa, for Canada or any other country or territory?

5. been refused admission to, or ordered to leave, Canada or any other country or territory?

Furthermore, do i need to answer for family members not coming with me to Canada? Like parents that are living and staying in another country? The wording on a lot of this is very confusing.

 

[canuck78]

I'm not sure how to answer question 4 and 5. My visitor stay extension and restoration of status was refused. In the ODN, the officer said they "advise I leave Canada", but I know that's not an order. I don't know how I should answer 4 with my extension being refused, or 5 with the "advised to leave Canada".

4. been refused refugee status, an immigrant or permanent resident visa (including a Certificat de Sélection du Québec [CSQ] or application to the Provincial Nominee Program) or a visitor or temporary resident visa, for Canada or any other country or territory?

5. been refused admission to, or ordered to leave, Canada or any other country or territory?

Furthermore, do i need to answer for family members not coming with me to Canada? Like parents that are living and staying in another country? The wording on a lot of this is very confusing.

Given that you have been in Canada as a visitor for 7 years you actually should consider leaving Canada given your extension and restoration was refused. You should also be applying Outland in case you are removed while your sponsorship is being processed.

 

[SerenityE]

then what's this? if my only issue is being out of status?

iii. New and Pending Spouse or Common-law Partner in Canada class applications​

For applicants in status, applications should be assessed using normal procedures in IP2 and IP8. For applicants out of status, if the only issue preventing acceptance of the case is the applicant’s lack of status:

• Assess using normal procedures in IP2 and IP8.
• If the applicant meets all other requirements of the Spouse or Common-law Partner in Canada class, their requirements for status and the inadmissibility related to the lack of status is waived by this public policy under A25.

 

[SerenityE]

I would appreciate an answer to my original post. I'm really confused on it.

 

[armoured]

I would appreciate an answer to my original post. I'm really confused on it.

My answer is that I think you would be best to answer yes to both, and explain circumstances in a separate letter of explanation (eg not ordered to leave but asked to leave after extension refused).

I do not understand your question about family.

 

[armoured]

then what's this? if my only issue is being out of status?

iii. New and Pending Spouse or Common-law Partner in Canada class applications​

For applicants in status, applications should be assessed using normal procedures in IP2 and IP8. For applicants out of status, if the only issue preventing acceptance of the case is the applicant’s lack of status:

• Assess using normal procedures in IP2 and IP8.
• If the applicant meets all other requirements of the Spouse or Common-law Partner in Canada class, their requirements for status and the inadmissibility related to the lack of status is waived by this public policy under A25.

I would still apply outland, which is (IMO) the important part of what @canuck78 wrote. If you want to get specific reassurance or discuss whether you would be better to leave, you should probably consult with a lawyer.

 

[SerenityE]

I do not understand your question about family.

Sorry, i meant this part at the top of the form: "You (the principal applicant) must fill out this form for yourself and on behalf of any of your family members 18 years of age or older (who are not already Canadian citizens or permanent residents)."

We're not great on money and just a consultation is a bit too much right now. I haven't found any that give free consultations. I also get decision paralysis when there's so many to choose from and they cost.

 

[SerenityE]

My answer is that I think you would be best to answer yes to both, and explain circumstances in a separate letter of explanation (eg not ordered to leave but asked to leave after extension refused).

Doing some research, a removal order would come in a separate message on your ircc profile, with a time frame and such.

I'm worried about saying yes might raise a flag even with my explanation. And I haven't been able to determine if a stay extension is the same as a visitor visa.

 

[armoured]

Sorry, i meant this part at the top of the form: "You (the principal applicant) must fill out this form for yourself and on behalf of any of your family members 18 years of age or older (who are not already Canadian citizens or permanent residents)."

In this context, those who must fill out the form are your immediate family members (spouse, children). You mention your parents when you complete your form, but your parents adult siblings etc do not need to complete (assuming you're not trying to include them).

*Note that if your spouse is sponsoring, they are obviously either a citizen or PR and do not need to complete this form. They complete the sponsorship form.

 

[armoured]

Doing some research, a removal order would come in a separate message on your ircc profile, with a time frame and such.

I'm worried about saying yes might raise a flag even with my explanation. And I haven't been able to determine if a stay extension is the same as a visitor visa.

My logic is this: if they consider or believe that your situation constitutes those for which a YES is required, they may also consider it a misrepresentation to not answer yes. So I think it is safer to answer yes with an explanation.

Now legally if you disclose in the letter of explanation it's very unlikely that they can treat it as misrepresentation simply because you ticked the wrong box (you disclosed the substance separately) - BUT the context in which this would be disputed would be a legal one, which I should think you would rather avoid.

As for whether answering yes (with explanation) will raise a 'flag' of some sort? You overstayed for seven years and have already received written instructions/advice to leave (self removal is, I think, one term of art used for this).

The ship full of flags for further detailed inquiry by IRCC has already sailed, friend. Disclose everything. Too late to worry about 'flags.'

 

[SerenityE]

You overstayed for seven years

I did not overstay for 7 years. I've been here legally for 7 years under visitor stay. the extension refusal was this year.

 

[armoured]

I did not overstay for 7 years. I've been here legally for 7 years under visitor stay. the extension refusal was this year.

Mea culpa, misread. Seven years as a visitor - you've still got the flags.