My tourist visa restoration was refused? What to do?

[Silwys]

I am from Slovakia and without status at the moment, unfortunately.

After I finished my WH visa in July 2017 I left Canada. I came back as a visitor on September 11, 2017, and I stayed till February 15, 2018.

I spent some time in Mexico and came back again to Vancouver on a visitor visa on April 26, 2018. before the 6 months period passed I applied to extend my visitor visa online but I got a refusal letter on January 14, 2019.

On February 17, 2019, I applied to restore my status as a visitor with an explanation letter that I am collecting documents for our Common Law application with my Canadian partner. I was told I will get an answer from CIC in 4-5 months so my boyfriend and I thought we have enough time to collect all the documents.

On April 2nd, 2019, I surprisingly got a letter from CIC saying that they are refusing my application (again) and I should leave immediately. The refusal letter looks exactly the same as my first refusal letter.

Honestly, we were about to send our Common Law application this week with our consultant but sending the CL application without a status means no open work permit and no leaving the country for a whole year which I would like to avoid.

My questions are:

How to get a status before we submit our CL application?

I was thinking about some options but not sure if they are smart:

1.) Can I quickly apply for work & study visa - a 1-year college with a work permit (I have to apply outside of Canada) and then when I come back to Vancouver to send our CL application with my new status as a student? Is this a real possibility?

2.) Will they let me back to the country as a student if I was asked to leave twice already?

3.) If the safest option is just to stay without leaving, Can I apply for something else after my CL application is submitted? for example Young professional type of visa - IEC category (I already spent my working holiday 1-year work permit in 2016/2017) or perhaps a student visa after my CL is submitted? will that help somehow?

4.) I still have a grace period of 90 days since my first refusal letter. Does it help if I apply for the restoration again?

5.) If I leave asap and then try to come back through Quebec as a tourist. What are the chances they let me in? I have heard that their officers are not as strict as here in Vancouver.

What else can I do If I cannot stay in Canada for 1 year without leaving and without WP?

Thank you so much for taking the time to read all this.
Silvia

 

[canuck_in_uk]

I am from Slovakia and without status at the moment, unfortunately.

After I finished my WH visa in July 2017 I left Canada. I came back as a visitor on September 11, 2017, and I stayed till February 15, 2018.

I spent some time in Mexico and came back again to Vancouver on a visitor visa on April 26, 2018. before the 6 months period passed I applied to extend my visitor visa online but I got a refusal letter on January 14, 2019.

On February 17, 2019, I applied to restore my status as a visitor with an explanation letter that I am collecting documents for our Common Law application with my Canadian partner. I was told I will get an answer from CIC in 4-5 months so my boyfriend and I thought we have enough time to collect all the documents.

On April 2nd, 2019, I surprisingly got a letter from CIC saying that they are refusing my application (again) and I should leave immediately. The refusal letter looks exactly the same as my first refusal letter.

Honestly, we were about to send our Common Law application this week with our consultant but sending the CL application without a status means no open work permit and no leaving the country for a whole year which I would like to avoid.

My questions are:

How to get a status before we submit our CL application?

I was thinking about some options but not sure if they are smart:

1.) Can I quickly apply for work & study visa - a 1-year college with a work permit (I have to apply outside of Canada) and then when I come back to Vancouver to send our CL application with my new status as a student? Is this a real possibility?

2.) Will they let me back to the country as a student if I was asked to leave twice already?

3.) If the safest option is just to stay without leaving, Can I apply for something else after my CL application is submitted? for example Young professional type of visa - IEC category (I already spent my working holiday 1-year work permit in 2016/2017) or perhaps a student visa after my CL is submitted? will that help somehow?

4.) I still have a grace period of 90 days since my first refusal letter. Does it help if I apply for the restoration again?

5.) If I leave asap and then try to come back through Quebec as a tourist. What are the chances they let me in? I have heard that their officers are not as strict as here in Vancouver.

What else can I do If I cannot stay in Canada for 1 year without leaving and without WP?

Thank you so much for taking the time to read all this.
Silvia

1. Even if you are accepted to a school and have $25,000 in funds for a study permit, with the recent refusals, chances of approval are low. IRCC will know that you aren't a genuine student.

2. As above.

3. You have been told to leave, so no one can say that there is a safe way for you to stay.

4. As above, you have been told to leave. Applying for Restoration again has little chance of approval.

5. CBSA will be aware that you were refused and have no status. High chance of refusal and potentially a one year Exclusion Order.

 

[Silwys]

Thanks for your answer.
Oh I see..

Is there any chance they wouldn’t approve my PR after a year because of this?

1. Even if you are accepted to a school and have $25,000 in funds for a study permit, with the recent refusals, chances of approval are low. IRCC will know that you aren't a genuine student.

2. As above.

3. You have been told to leave, so no one can say that there is a safe way for you to stay.

4. As above, you have been told to leave. Applying for Restoration again has little chance of approval.

5. CBSA will be aware that you were refused and have no status. High chance of refusal and potentially a one year Exclusion Order.

1. Even if you are accepted to a school and have $25,000 in funds for a study permit, with the recent refusals, chances of approval are low. IRCC will know that you aren't a genuine student.

2. As above.

3. You have been told to leave, so no one can say that there is a safe way for you to stay.

4. As above, you have been told to leave. Applying for Restoration again has little chance of approval.

5. CBSA will be aware that you were refused and have no status. High chance of refusal and potentially a one year Exclusion Order.

 

[21Goose]

Thanks for your answer.
Oh I see..

Is there any chance they wouldn’t approve my PR after a year because of this?

If you follow the terms of the departure order by leaving now, then no, your application as a PR shouldn't be impacted too much. If you refuse to leave and the departure order becomes a deportation order, then yes, you will be severely impacted.

Your best option is to leave now to show that you are following the laws.

 

[Silwys]

I ment. We want to send our CL application soon. I should stay 1 year in order to get the PR.
Not leaving the country. Is there any chance they won’t give me the PR because I didn’t leave?

 

[Buletruck]

If they issue a departure order against you and you remain more than the 30 days, it becomes a deportation order. And you really don’t want one of those. That makes you inadmissible to Canada (pending an ARC). You really should go home and submit your application for spousal sponsorship.

 

[zardoz]

If you have been told to leave Canada, an inland (Spouse or Common-Law Partner in Canada) is not going to be a good idea.

 

[canuck_in_uk]

Thanks for your answer.
Oh I see..

Is there any chance they wouldn’t approve my PR after a year because of this?

If you end up being removed from Canada, an inland app would be cancelled.

 

[Bornlucky]

I ment. We want to send our CL application soon. I should stay 1 year in order to get the PR.
Not leaving the country. Is there any chance they won’t give me the PR because I didn’t leave?

If you remain in Canada without status then you could be subject to arrest under the grounds that you are unlikely to appear for removal.

Currently IRCC's position is that your visitor's status no longer exists so they expect you to depart Canada.

If you ignore what you have received in writing then the CBSA could easily arrest and detain you after whatever grace period was provided. The argument/grounds for arrest from their perspective would be that you aren't complying with Canada's immigration law (no status), you have ignored a written direction to depart Canada, and that you are seeking to remain in Canada permanently.

If you really want to further complicate matters then you cannot beat becoming the subject of an enforcement file. By remaining in Canada you will have wilfully invited the CBSA to investigate you. Going home and being sponsored outland would be the path of least resistance but this is how the CBSA gets its statistics - arrest, detain and deport.

 

[Copingwithlife]

You have received two refusals, and the last one was leave immediately.You know longer have the legal right to remain in the country. In other words, you do not want to overstay your welcome, which you have, leaving then returning, applying for a student visa is gaming the system.IRCC has seen this all before. Have no clue why you would want to push the envelope with a department that can determine your future eligibility to either stay in the future, or return to Canada by ignoring the decision they have made that you have to leave By not abiding by the decision you are basically saying the law does not apply to me.
Why do you think immigration refuses so many requests for visa to come visit Canada? One of the main reasons for refusal is that the government does not think the person will return to their country once their visa validity is up. You agreed to that condition, that you would return to your country unless authorized to stay

 

[Silwys]

Ok, I phoned 2 immigration experts today and they both said If I submit my CL application asap they cannot cancel my application. I should be fine..

 

[Silwys]

https://borderslawfirm.com/personal-immigration/out-of-status-in-canada/

 

[21Goose]

https://borderslawfirm.com/personal-immigration/out-of-status-in-canada/

If you want to waste your money, that's your business. Your departure order will become a deportation order shortly. There's no point posting in this forum. Do what you will.

 

[hawk39]

Can the OP actually be sponsored for common-law now, if he/she is out-of-status?

https://www.canada.ca/en/immigratio...rtner-dependent-child-complete-guide.html#who

"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 immigration status in Canada
• would like to apply for, and qualifies for, an Open Work Permit so that they can work while the application is being processed"

 

[jddd]

Can the OP actually be sponsored for common-law now, if he/she is out-of-status?

https://www.canada.ca/en/immigratio...rtner-dependent-child-complete-guide.html#who

"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 immigration status in Canada
• would like to apply for, and qualifies for, an Open Work Permit so that they can work while the application is being processed"

Yes OP can be sponsored but will not be able to work because OWP will not be given. OP also cannot leave the country for the duration at the risk of not being granted re-entry which is high.