Moms visit extension refused.

[shohdy alserwy]

My moms visit extension was refused and then she was applying for a work permit which got refused as well (as she is out of status). It's been more than 90 days from the refusal of the visit extension. She really wants to stay with me until I finish my studies (I am an International student). what should she do and is it okay to apply again for the visit extension? The refusal indicates that she has to leave, can she enter again in a couple of weeks from leaving? her visa is not over until 2024. please help.

 

[scylla]

My moms visit extension was refused and then she was applying for a work permit which got refused as well (as she is out of status). It's been more than 90 days from the refusal of the visit extension. She really wants to stay with me until I finish my studies (I am an International student). what should she do and is it okay to apply again for the visit extension? The refusal indicates that she has to leave, can she enter again in a couple of weeks from leaving? her visa is not over until 2024. please help.

When exactly was the visitor extension refused? What date exactly? This is very important. IRCC has introduced some flexibility in terms of the 90 days but it's critical to know when the extension was refused.

No, she cannot apply for another extension. She is out of status. She would need to restore her status first if she qualifies.

No, there is no guarantee she will be allowed to re-enter a few weeks after leaving. Most likely she would have issues re-entering Canada given the refusals. Generally speaking, the advice we would give is that she needs to leave for a number of months (i.e. a minimum of 6-8) before attempting to re-enter. She isn't allowed to live in Canada on a visitor visa and it can't look like that's what she's trying to do. Also keep in mind that Canada has travel restrictions in place right now due to COVID-19 and her reasons for traveling would most likely be classified as non-essential.

 

[shohdy alserwy]

When exactly was the visitor extension refused? What date exactly? This is very important. IRCC has introduced some flexibility in terms of the 90 days but it's critical to know when the extension was refused.

No, she cannot apply for another extension. She is out of status. She would need to restore her status first if she qualifies.

No, there is no guarantee she will be allowed to re-enter a few weeks after leaving. Most likely she would have issues re-entering Canada given the refusals. Generally speaking, the advice we would give is that she needs to leave for a number of months (i.e. a minimum of 6-8) before attempting to re-enter. She isn't allowed to live in Canada on a visitor visa and it can't look like that's what she's trying to do. Also keep in mind that Canada has travel restrictions in place right now due to COVID-19 and her reasons for traveling would most likely be classified as non-essential.

The refusal happened in July 2020.
Can she apply for statute restoration ?
Thanks a lot !

 

[scylla]

The refusal happened in July 2020.
Can she apply for statute restoration ?
Thanks a lot !

Yes, she can try applying to restore her status (see link below). If she is refused again, then she will need to leave and will need to remain outside of Canada for a significant period of time before trying to re-enter.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/exemption.html

 

[shohdy alserwy]

Do you think I should apply with a lawyer or on my own? And is there anything to do to raise the stakes it will be approved?
Thanks again

 

[scylla]

Do you think I should apply with a lawyer or on my own? And is there anything to do to raise the stakes it will be approved?
Thanks again

It's really your choice if you apply on your own or with a lawyer.

I think it will likely be quite difficult to get an approval on restoration given she's trying to live in Canada on a visitor visa which isn't allowed and already has a refused extension. If you want to increase her chances of approval I think you would want to show that she has significant funds / savings to continue to pay for her stay in Canada. She should also show evidence of her ties to her home country (e.g. property owned, assets). The fact she has waited this long to apply for restoration rather than applying immediately after the refusal will likely work against her.

 

[shohdy alserwy]

She waited this long because she did not know that there is such thing as restoration. Also, she has a job offer, do you think that would change anything? and do you think that if we mentioned that she was working on getting a job offer would change any thing?
Finally, can she apply for a work permit at the same time of applying to the restoration?
Thanks a lot...

 

[scylla]

She waited this long because she did not know that there is such thing as restoration. Also, she has a job offer, do you think that would change anything? and do you think that if we mentioned that she was working on getting a job offer would change any thing?
Finally, can she apply for toa work permit at the same time of applying to the restoration?
Thanks a lot...you are such a helpful sweet person!

It's her responsibility to know the rules as a visitor to Canada. IRCC won't accept this as an excuse.

Mentioning that she is working on getting a job offer will likely work against her since it demonstrates that she is trying to remain in Canada long term. Again, a TRV only allows her to come to Canada temporarily.

No, she cannot restore her status to a work permit. She has to apply to restore her status to visitor. If this is approved, she can then submit a work permit application.

 

[canuck78]

Would add that international students are expected to be able to live in Canada without their parents.

 

[shohdy alserwy]

Would add that international students are expected to be able to live in Canada without their parents.

but she really needs me and I need her as I am the only child and she is divorced, thus I am the only thing that she has. Do you think that would make any difference to the IRCC agents?

 

[canuck78]

but she really needs me and I need her as I am the only child and she is divorced, thus I am the only thing that she has. Do you think that would make any difference to the IRCC agents?

No. You shouldn't have studied in Canada if you didn't want to be separated. You will face the same issues for many years throughout your studies, PGWP, early PR, etc. After 1 year of PR she will likely be able to visit for 2 years through a supervisa but not move to Canada.

 

[scylla]

but she really needs me and I need her as I am the only child and she is divorced, thus I am the only thing that she has. Do you think that would make any difference to the IRCC agents?

I would focus on showing ties to her home country (e.g. property she owns there) and showing she has enough savings to say in Canada longer as a visitor.

Again, she's not really allowed to live in Canada.

If you focus on what you've said above, that will make IRCC more worried she really isn't a visitor and is trying to live in Canada.

 

[canuck78]

Think you and your mother need to make piece with the fact that she will not be able to remain with you in Canada longterm.

 

[ont123]

Canuck78@ do u know about this rule or law of ircc
After refusal of visitor status extension
Can some one apply restoration of status with 90 days receiving of extension letter

 

[ont123]

One more thing how it’s works ??
If some one applied for 6 months extension
As you know current processing time delayed
How long the approved from the date they approve visitor record or from the day applicant apply for extension ???
I know it’s all depends how long they allow some one to live here
But question what is the rule
From day application approved ??
Or from the day person apply ??