Please help- visitor extension rejected?

[EStrong]

Hi, I'm really hoping someone can help. I'm panicking a bit here. I recently sent off my permanent residency package, and sent off my visitor extension a few days later. The PR is still pending but I just got rejected for my visitor extension?! I've been living here as a visitor for almost 2 years and never had an issue with my extensions, why did I get rejected as soon as I've submitted my permanent residency?

Thank you SO much in advance to anyone who can help!

 

[EStrong]

The only thing I can think of- it was on the application that we needed to include a photocopy of our marriage certificate, but we were unable to provide that as the PR application required we send the original. I did include a text document with a copy of our PR application receipt and an explanation...think this may have been the reason? The rejection letter is generic and doesn't say why.

I still am valid in Canada until April 30th btw.

 

[k.h.p.]

What does the letter say exactly?

Two years worth of extensions is exceptional in my mind, and CIC may have just determined it was time for you to go home and not become tied to Canada.

They likely haven't really looked at the PR application yet.

 

[EStrong]

What does the letter say exactly?

Two years worth of extensions is exceptional in my mind, and CIC may have just determined it was time for you to go home and not become tied to Canada.

They likely haven't really looked at the PR application yet.

Yeah, for a big portion of this we were dealing with an issue that prevented us from submitting the PR. (incorrectly issued medical bills that my partner wasn't aware of, due to an issue in one year of his taxes that ended up taking a big chunk of time to fix) And after that, we had to wait for his NOA. Unfortunate circumstances that I wish we could have foreseen/fixed before I moved here.

I did include proof of my PR application in my extension request as well, but since it's still pending I guess maybe they don't consider it as a valid reason(despite having already paid the fee in full) unfortunately.

Is it possible it was rejected for filing it too early? We sent the extension request in early March, but my visitor visa doesn't expire until April 30th.

Thank you so much for the response though. I've already put in a request for more information and will be phoning their number tomorrow morning to see if more information can be provided!

And the letter is as follows:

This letter refers to your application for a Visitor Record.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act.
In reaching a decision, an officer considers several factors, which include the applicant’s:
1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the requirements of the Act and Regulations.
You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.
Register My Application
Create an account to get more detailed application status and your mail online. Find out how: http://www.cic.gc.ca/english/my_application/link.asp.
Page 2 of 2
Case Processing Centre Edmonton Centre de Traitement des Demandes Edmonton
Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3 Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3
Website: www.cic.gc.ca Site web : www.cic.gc.ca
When should I contact CIC?
You must notify Citizenship and Immigration Canada (CIC) of any changes to your application. Examples of changes include:
 Changes in your personal circumstances, such as birth or adoption of a child, death of a family member, a marriage or a divorce;
 Change of contact information (e-mail, mailing address, telephone number);
 Appointment or change of immigration representative or designated individual;
 Decision to withdraw your application.
Changes to your address should be made through our online service at www.cic.gc.ca/english/information/change-address.asp.
Link your paper application to your online account For some paper applications, you can get detailed application status and your mail online. You can do this by linking an application to an online account. Through your account, you will be able to see the most up-to-date information about your application. Find out how: http://www.cic.gc.ca/english/my_application/link.asp Sincerely,
Officer TTO
Case Processing Centre Edmonton

 

[canuck78]

Seems like you PR application was.also returned at the beginning of the month so you likely didn’t have an active PR case at the time. also guessing that the 2 year wait period without a PR case that is in process was the big reason.

 

[k.h.p.]

Another problem is that you describe your current stay in Canada as "moving here" whuch exactly what CIC wishes to avoid.

As the PR app does not give implied status, unless you have submitted an OWP along with your PR app, you are out of status. That's not fatal to your application but it complicates things quite a bit.

If you have moved to Canada two years ago but didn't apply for PR, you haven't demonstrated enough ties to your home country to make CIC think you will go home if your PR is denied. Since it took you two years to apply, you may also face some extra scrutiny in your PR app if the visa officer thinks that it is a simple attempt to remain in Canada.

 

[EStrong]

Seems like you PR application was.also returned at the beginning of the month so you likely didn’t have an active PR case at the time. also guessing that the 2 year wait period without a PR case that is in process was the big reason.

Yeah, it was unfortunately. I did include proof of my PR application in my visitor extension, but since it's not active I guess that doesn't 'count' unfortunately.

Another problem is that you describe your current stay in Canada as "moving here" whuch exactly what CIC wishes to avoid.

As the PR app does not give implied status, unless you have submitted an OWP along with your PR app, you are out of status. That's not fatal to your application but it complicates things quite a bit.

If you have moved to Canada two years ago but didn't apply for PR, you haven't demonstrated enough ties to your home country to make CIC think you will go home if your PR is denied. Since it took you two years to apply, you may also face some extra scrutiny in your PR app if the visa officer thinks that it is a simple attempt to remain in Canada.

I know about the implied status- I'm still in status because I submitted my visitor extension well in advance. I submitted it in early march and it expires at the end of this month.
I don't know if it counts but we did visit my home midway through my stay here in Canada, if that might add any extra consideration to things.

Thank you both for the help by the way- I really appreciate it.

 

[canuck_in_uk]

The only thing I can think of- it was on the application that we needed to include a photocopy of our marriage certificate, but we were unable to provide that as the PR application required we send the original. I did include a text document with a copy of our PR application receipt and an explanation...think this may have been the reason? The rejection letter is generic and doesn't say why.

I still am valid in Canada until April 30th btw.

If you got married in Canada, you were not required to submit the original marriage certificate.

That is not the reason. The 2 year extended stay without having applied for PR is the reason.

Yeah, for a big portion of this we were dealing with an issue that prevented us from submitting the PR. (incorrectly issued medical bills that my partner wasn't aware of, due to an issue in one year of his taxes that ended up taking a big chunk of time to fix) And after that, we had to wait for his NOA. Unfortunate circumstances that I wish we could have foreseen/fixed before I moved here.

I did include proof of my PR application in my extension request as well, but since it's still pending I guess maybe they don't consider it as a valid reason(despite having already paid the fee in full) unfortunately.

Is it possible it was rejected for filing it too early? We sent the extension request in early March, but my visitor visa doesn't expire until April 30th.

Thank you so much for the response though. I've already put in a request for more information and will be phoning their number tomorrow morning to see if more information can be provided!

And the letter is as follows:

This letter refers to your application for a Visitor Record.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act.
In reaching a decision, an officer considers several factors, which include the applicant’s:
1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the requirements of the Act and Regulations.
You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.
Register My Application
Create an account to get more detailed application status and your mail online. Find out how: http://www.cic.gc.ca/english/my_application/link.asp.
Page 2 of 2
Case Processing Centre Edmonton Centre de Traitement des Demandes Edmonton
Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3 Suite 55 9700 Jasper Avenue NW, Edmonton AB T5J 4C3
Website: www.cic.gc.ca Site web : www.cic.gc.ca
When should I contact CIC?
You must notify Citizenship and Immigration Canada (CIC) of any changes to your application. Examples of changes include:
 Changes in your personal circumstances, such as birth or adoption of a child, death of a family member, a marriage or a divorce;
 Change of contact information (e-mail, mailing address, telephone number);
 Appointment or change of immigration representative or designated individual;
 Decision to withdraw your application.
Changes to your address should be made through our online service at www.cic.gc.ca/english/information/change-address.asp.
Link your paper application to your online account For some paper applications, you can get detailed application status and your mail online. You can do this by linking an application to an online account. Through your account, you will be able to see the most up-to-date information about your application. Find out how: http://www.cic.gc.ca/english/my_application/link.asp Sincerely,
Officer TTO
Case Processing Centre Edmonton

The tax issue was not a reason to delay applying.

Did you apply inland with an OWP or outland?

 

[EStrong]

If you got married in Canada, you were not required to submit the original marriage certificate.

That is not the reason. The 2 year extended stay without having applied for PR is the reason.



The tax issue was not a reason to delay applying.

Did you apply inland with an OWP or outland?

Yes, you're right. We should have absolutely started the process sooner into my visit here- we started it about 5 months into my stay and it's been a huge process. I wish I could go back in time and start it before coming to Canada, or the moment I landed.

I didn't apply for an OWP with the PR application, by the time we'd figured out the entire PR mess we just wanted to get it submitted and handle my OWP afterward.

 

[canuck_in_uk]

Yes, you're right. We should have absolutely started the process sooner into my visit here- we started it about 5 months into my stay and it's been a huge process. I wish I could go back in time and start it before coming to Canada, or the moment I landed.

I didn't apply for an OWP with the PR application, by the time we'd figured out the entire PR mess we just wanted to get it submitted and handle my OWP afterward.

If you applied inland, that was a mistake. You should have included the OWP. Submit it now. Ensure it is a complete app, with the full $255 fees. That will maintain your status.

 

[EStrong]

If you applied inland, that was a mistake. You should have included the OWP. Submit it now. Ensure it is a complete app, with the full $255 fees. That will maintain your status.

Great to know, thank you. I just got off the phone from the phone number provided on their website and the employee confirmed that I am valid to continue my stay, and suggested to file the work permit. She explicitly told me that although I don't have implied status while the PR is pending, she said I am valid to stay in Canada during that time, but suggested to file for my work permit and resubmit my visitor extension, so I'll be doing exactly that.

Thank you again fore your help! I'll be submitting my OWP asap. The only issue I have is that we sent off our original marriage certificate with the PR(which I realize now was a mistake as they only require the photocopy for my country). We just placed an order for a second copy of our certificate, so once that arrives(which it should well before my visitor status lapses) we'll photocopy it and get both the OWP and visitor extension submitted.

 

[k.h.p.]

I'm concerned the person told you that. You don't have implied status, so you have no valid status if you don't apply for an OWP. While they won't likely issue you a removal notice immediately, and probably won't even notice you overstaying, you will be in an overstay situation and if anything happens you could be asked to leave the country, even though CBSA will generally defer action until an outcome on the PR application.

So yes, you can indeed remain while the PR application process, but you won't have any kind of "validity" while doing it and may need to leave if asked or told do so.

You must apply for the OWP before your current status expires.

 

[EStrong]

I'm concerned the person told you that. You don't have implied status, so you have no valid status if you don't apply for an OWP. While they won't likely issue you a removal notice immediately, and probably won't even notice you overstaying, you will be in an overstay situation and if anything happens you could be asked to leave the country, even though CBSA will generally defer action until an outcome on the PR application.

So yes, you can indeed remain while the PR application process, but you won't have any kind of "validity" while doing it and may need to leave if asked or told do so.

You must apply for the OWP before your current status expires.

Yeah- I believe that is what she meant as far as staying; only once the PR is in progress. Until that time, I'll be resubmitting my extension and submitting my OWP.
Although, I did ask what she recommended doing if it was declined again and she recommended staying in Canada. I have her employee number and an email with information from her, so if push comes to shove I do have proof I was advised to stay. She stated that if I leave Canada, I may have trouble returning and that my PR application could be considered abandoned.

She also did say there wasn't any note or more info on my visitor extension refusal.

 

[k.h.p.]

There are no notes she had access to.

And that's what I'm saying, if you leave, everything's abandoned. And unless you're ordered to leave, you can stay. But you are out of status and need to take special care not to do anything stupid (like a tourist trip to Hawaii, or a DUI) that may bring scrutiny on you.

 

[EStrong]

There are no notes she had access to.

And that's what I'm saying, if you leave, everything's abandoned. And unless you're ordered to leave, you can stay. But you are out of status and need to take special care not to do anything stupid (like a tourist trip to Hawaii, or a DUI) that may bring scrutiny on you.

Well, she checked something and confirmed there wasn't anything on her end. I did already submit the request for more information and paid that fee as well.

Yes, absolutely. I'll be doing everything in my power to remain as a valid visitor.

I do have a question- is it possible for my OWP to be refused? If so, if my further attempts to extend my visitor visa are also refused and my PR application has not begun, should I just lay low until the PR begins?

Also, once the PR application begins, should I continue to file for visitor extensions, or is it not needed?

Thank you again for your help. I recognize I've been quite ignorant on some of the aspects of this and I'm going to do my best to make sure a mistake doesn't occur again.